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Home My WebLink About2009 Proceedings2009 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 2009, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature 2009 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES February 3, 2009 Budget, Capital and Finance Dennis, Chair; Hattery, Vice Chair; Herrera; Shinagawa; Mackesey Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policies Finance Department Capital Programs TC3 Government Performance & Workforce Relations Shinagawa, Chair; Kiefer, Vice Chair; McBean-Clairborne; Dennis; Hattery Tompkins County Legislature Administration Department Organizational Development Risk management/contract performance Public Information Information Technology Services Department Operational Policies Performance management Law — County Attorney Assessment County Clerk Board of Elections Council of Governments Personnel Department and related topics (e.g., performance evaluation) Workforce Diversity and Inclusion Staff Training Libraries History Center Health and Human Services Proto, Chair; Burbank, Vice Chair; Stevenson; Robertson; Randall Department of Social Services Mental Health Depth thent/Agencies Public Health Department/Agencies Human Rights Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies Office for the Aging Youth Services Cooperative Extension Tompkins Community Action Animal Health and Control 2009 Standing and Special Committees Assignments and Responsibilities Planning, Development and Environmental Quality Mackesey, Chair; Chock, Vice Chair; Robertson; Proto; Burbank Planning Department Census planning/reapportionment preparation MPO TCAT Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Land management Workforce Development TCAD Industrial Development Agency Chamber of Commerce Tourism Program/CVB (include temporary Tourism Subcommittee) Strategic Tourism Planning Ithaca Downtown Partnership Community Celebrations & Arts County Historian Facilities and Infrastructure McBean-Clairborne, Chair; Herrera, Vice Chair; Kiefer; Randall; Sigler Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Weights and Measures Utilities Public Health Department Building Subcommittee. Public Safety Robertson, Chair; Sigler, Vice Chair; Stevenson; Dennis; Chock District Attorney Defense of Indigents/Assigned Counsel Probation and Community Justice Sheriff/Jail Department of Emergency Response Offender Aid and Restoration Alternatives to Incarceration Programs Reentry transition programs Juvenile Justice Special Committee Legislative Rules and Procedures - Kiefer, Chair; Hattery, Vice Chair; Proto Rules & Procedures of the Legislature Code of Ethics Charter and Code Legislative/Depaittnent Head/Administration interactions January 6, 2009 Regular Meeting Call to Order Mrs. Covert, Clerk of the Legislature, called the organizational meeting of the Tompkins County Legislature to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators: 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, 520 East Buffalo St., Apt. 2, Ithaca District No. 5 - Katherine Luz Herrera, 116 Utica Street, Ithaca District No. 6 - Michael J. Sigler, 218 Peruville Road, Freeville District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs District No. 8 - Greg W. Stevenson, 130 Harvey Hill Road, Ithaca District No. 9 - Duane T. Randall II, 305 West Groton Road, Groton District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca District No. 11 - Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca District No. 12 - Will Burbank, 132 Glenside Road, Ithaca District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca District No. 14 - Michael R. Hattery, 4 Greystone Drive, Dryden District No. 15 - James P. Dennis, 47 Elm Street, Trumansburg Election of Temporary Chair Mrs. Covert announced the first order of business was the election of a temporary chair. Mr. Dennis nominated Mr. Proto as Temporary Chair, seconded by Mr. Koplinka-Loehr. Mr. Dennis spoke of Mr. Proto having been a legislator for over 23 years, with a perfect attendance record this past year. After hearing no more nominations, it was MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote, to close nominations. A voice vote resulted as follows for Temporary Chair: Ayes - 15, Noes — 0. MOTION CARRIED. Mr. Proto took the chair as Temporary Chair. Mr. Proto thanked Legislators for the opportunity to be Temporary Chair and awarded Legislators and staff humorous "gifts" relating to their unique personalities/interests. Mr. Proto then opened nominations for a Permanent Chair, noting that the voting could be completed by either written ballot or by a show of hands. A paper ballot would require a signature by each Legislator to enable proper recording of the votes within the official record of the Legislature. The names would be recorded with the votes of the meeting minutes. A vote by show of hands to determine the method of voting resulted as follows: Vote by Show of Hands: 11 (Legislators Chock, Dennis, Hattery, Herrera, Kiefer, Proto, Randall, Robertson, Shinagawa, Sigler, and Stevenson); Vote by Written Ballot: 4 (Legislators Burbank, Koplinka-Loehr, Mackesey, and McBean- Clairborne). Mr. Proto announced the vote would be taken by show of hands. 3 January 6, 2009 Election of Chair of the Legislature Nominations were opened. Mr. Shinagawa nominated Mr. Koplinka-Loehr as Chair for 2009, seconded by Ms. Mackesey. Ms. Shinagawa spoke of Mr. Koplinka-Loehr's work during a difficult, transitional year requiring the selection of a new County Administrator and other crucial decisions relating to budget. He believes the County has weathered many hardships and that Mr. Koplinka-Loehr has done a good job; with the challenges facing us in the year to come he believes Mr. Koplinka-Loehr will assist in continuing to move the County forward. Ms. Mackesey echoed Mr. Shinagawa's sentiment. Mr. Hattery nominated Mr. Proto as Chair for 2009, seconded by Mr. Randall. At this time Mr. Proto read the Duties of the Chair of the Legislature from the County Charter. Hearing no more nominations, it was MOVED by Mr. Burbank, seconded by Randall, and unanimously adopted by vote by show of hands, to close nominations. A vote by show of hands to elect Michael Koplinka-Loehr Chair of the Legislature resulted as follows: Ayes - 11 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairbome, Robertson, Shinagawa, and Stevenson). A vote by show of hands to elect Frank Proto Chair of the Legislature resulted as follows: Ayes - 4 (Legislators Hattery, Proto, Randall, and Sigler). Mr. Koplinka-Loehr was declared Chair of the Legislature for 2009. At this time Mr. Proto turned the meeting over to Mr. Koplinka-Loehr, Chair. Mr. Koplinka-Loehr stated that Committee meeting schedules would continue under the 2008 structure until the next Legislature meeting, at which time updated information would be made available. He thanked his fellow Legislators for their support. Election of a Vice Chair of the Legislature The next order of business was the election of Vice Chair and Mr. Koplinka-Loehr opened nominations. Ms. Chock nominated Ms. Robertson as Vice Chair, seconded by Ms. Kiefer. Ms. Chock said many Legislators work hard for our residents in many ways, with her colleagues all being excellent choices for Chair or Vice Chair. She said Ms. Robertson has worked tirelessly, and shared information on the work completed by Ms. Robertson as Chair of the Planning, Development, and Environmental Quality Committee, her thorough and collaborative manner in completing tasks, and tireless efforts representing Tompkins County residents. Ms. Kiefer supported Ms. Chock's comments, stating Ms. Robertson would make a good Chair, and is happy to support Ms. Robertson as Vice Chair. Ms. Herrera nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mr. Burbank. Ms. Herrera said Mrs. McBean-Clairborne works well with others and believes she would work well beside Mr. Koplinka-Loehr. Mr. Burbank stated his pleasure to second the nomination of Mrs. McBean- Clairborne and said he recognizes the difficultness of this decision and hopes this Legislature can move forward in a positive manner. Mr. Proto read the Duties of the Vice Chair from the County Charter, noting there is no shared authority between the Chair and Vice Chair of the Legislature. Hearing no more nominations, it was MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by vote by show of hands, to close nominations. 4 January 6, 2009 Mr. Koplinka-Loehr announced the vote for Vice Chair would be taken by show of hands as was done for the election of Chair of the Legislature, indicating those in favor of each candidate. During the initial vote by show of hands, the vote began as those in favor for Ms. Robertson, which was counted to be 8 votes, followed by the question of those not in favor, which was counted to be 7, then those in favor of Mrs. McBean-Clairborne, which was counted as 8. It was recognized that the vote could not stand as the initial vote indicated eight individuals for each, Mr. Koplinka-Loehr stated he had initially voted in error and in fact was voting for Mrs. McBean-Clairborne. In addition, members recognized confusion regarding the vote, as the procedure outlined by Mr. Koplinka-Loehr above was not followed. Therefore, the Legislature agreed to a revote on the two candidates. The revote resulted as follows: A vote by show of hands to elect Martha Robertson Vice Chair of the Legislature resulted as follows: Ayes - 7 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, Robertson, and Shinagawa). A vote by show of hands to elect Leslyn McBean-Clairborne Vice Chair of the Legislature resulted as follows: Ayes - 8 (Legislators Hattery, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson). Following the vote, Ms. Kiefer said she had voted in the majority for the position of Chair of the Legislature and asked to reconsider and revote on the position. Ms. Herrera requested a caucus occur at this time. Mr. Proto requested clarification of Ms. Kiefer's request, saying it was his understanding that once the vote was announced it could not be changed. Mr. Wood said the motion to reconsider would be handled in the same manner as normally practiced by the Legislature. Mr. Sigler disagreed, stating he believed that once seated as Chair, Mr. Koplinka-Loehr would hold the position for the next year. A recess to allow Mr. Wood to research the matter was requested and unanimously agreed upon by show of hands by members of the Legislature. A recess was declared at 5:55 p.m. The meeting reconvened at 6:18 p.m. Chair Koplinka-Loehr announced that due to the confusion on the vote for Vice Chair there would be a revote. The revote by show of hands to elect Martha Robertson Vice Chair of the Legislature resulted as follows: Ayes - 8 (Legislators Burbank, Chock, Dennis, Kiefer, Koplinka-Loehr, Mackesey, Robertson, and Shinagawa). A revote by show of hands to elect Leslyn McBean-Clairborne Vice Chair of the Legislature resulted as follows: Ayes - 7 (Legislators Hattery, Herrera, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson). Mr. Koplinka-Loehr declared Ms. Robertson Vice Chair of the Legislature for 2009. At this time, Ms. Kiefer withdrew her motion to reconsider the vote of Chair of the Legislature. Mr. Proto asked that Mr. Wood read the rule on reconsideration of the vote. Mr. Wood stated there are several provisions regarding the rule that are relevant. Mr. Koplinka-Loehr indicated it was moot as the motion was withdrawn. Mr. Proto disagreed and Mr. Wood then reviewed the relevant rules regarding a motion to reconsider and voting on officers, noting any matter not governed by the Rules of the Legislature would refer to Robert's Rules of Order. He indicated that if he had to make a ruling regarding voting of officers, Robert's Rules of Order govern and once accepted by the individual elected it would then be too late to reconsider a vote for an election. Mr. Proto offered Ms. Kiefer's motion to reconsider was on the vote for the Chair, not the Vice Chair; she did not vote on the prevailing side of the initial vote for Vice Chair and no one had proposed a revote on the Vice Chair position; therefore, he believes the vote taken declaring Ms. Robertson Vice Chair is incorrect. Mr. Proto then challenged that the vote for Mrs. McBean-Clairborne as Vice Chair should stand. 5 January 6, 2009 Ms. Kiefer stated she had suggested a reconsideration of the vote for Chair, since having voted in the majority it was her right, she had not addressed the vote for Vice Chair. She said the vote following recess was called by Chair Koplinka-Loehr due to his earlier confusion. Mr. Koplinka-Loehr said initially he had voted for both candidates and the vote could not stand with each having eight votes, therefore he determined to have the revote due to his confusion. Mr. Sigler and Mr. Proto did not agree that there was confusion on the vote. Mr. Wood indicated if there is a challenge of the Chair's decision being made regarding the revote, the Rules provide the Chair with the opportunity to explain the reason for the decision and a roll call vote taken regarding the challenge. A motion for recess to review rules was made by Ms. Robertson, seconded by Ms. Kiefer. A voice vote on the motion resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Hattery, Kiefer, Koplinka-Loehr, Mackesey, Robertson, Shinagawa, and Stevenson); Noes — 5 (Legislators Herrera, McBean-Clairborne, Proto, Randall, and Sigler). MOTION APPROVED. A recess was declared at 6:26 p.m. The meeting reconvened at 6:34 p.m. Upon return from recess, Mr. Koplinka-Loehr said the decision to have a revote for Vice Chair was because of his interpretation of the confusion, which has now been challenged, and asked that the rule relating to a challenge of the ruling of the Chair be read by Mr. Wood. Mr. Wood was asked by Mr. Sigler to read the rule regarding the seating of officers. Mr. Proto said it is his opinion that it is now too late to Challenge the Ruling of the Chair. He stated the election of Vice Chair was official and a vote to reconsider that election was not appropriately made. He said according to Mr. Wood's interpretation of the Rules the election of Vice Chair became official after the vote and acceptance by the nominee. Mr. Wood said the Chair has ruled that there was confusion and ordered a revote, and if Mr. Proto does not agree with that action the appropriate action would be to challenge the ruling of the Chair. Mr. Koplinka-Loehr said there is a challenge to the ruling of the Chair and stated his reasons for having a revote were due to confusion on his part. Mr. Sigler shared Mr. Proto's opinion that the initial vote for Vice Chair was valid, therefore, the revote is not appropriate. He said it seems like any time the Chair is not satisfied with a vote a revote could occur. Ms. Herrera asked Mr. Wood to provide an opinion on the initial vote for Vice Chair. Mr. Wood indicated he would need additional time to review. Ms. Kiefer said the County Attorney is advisory to the Legislature and provides his best interpretations of rules and laws, however, the Legislature is not bound by his interpretation. She offered a different interpretation, stating she believes the rules adopted by the Legislature are binding. Although Robert's Rules offer information specific to elections, one can say since the County rules are often silent on some details on elections, that motions to reconsider apply across the board. Ms. Mackesey asked for clarification of whether there is a challenge to the Chair. Mr. Proto clarified he has not made a challenge to the ruling of the Chair; he believes the election was appropriately held. Ms. Robertson gave a brief statement of discussions with her colleagues noting a majority of the Democratic caucus had asked her and Mr. Koplinka-Loehr to serve together as a new kind of leadership team. She noted Mr. Koplinka-Loehr had indicated confusion regarding his initial vote for 6 January 6, 2009 Vice Chair but the last vote was clear and she does not feel it is beneficial to question his current intentions. Ms. Chock said both candidates are both fine women and capable representatives and expressed a desire to work forward and come to agreement regarding the matter. Mr. Hattery stated the Rules of the Legislature should be followed and the revote that occurred prior to recess seated Mrs. McBean-Clairborne as Vice Chair. He said it was clear to him that there were Legislators who were unhappy with that result and who supported the calling of a recess, as well as a reconsideration of the position of Chair. Mr. Hattery said a vote of the full Legislature resulted clearly in a majority electing a Vice Chair. Ms. Herrera recalled a comment made by former Legislator Daniel Winch who said each Legislator was entitled to one vote. She said she was one who didn't vote in the majority of the democratic caucus; however, her vote is still valid. She said she is hopeful this Legislature can reach a fair and honest conclusion to this debate. Mr. Proto agreed with Mr. Hattery, Ms. Chock, and Ms. Herrera's comments, and spoke of Legislators representing constituents from all political parties. When making decisions as a Legislature, all members should be viewed as individual Legislators and not as a member of a political party. He said he was "taken aback" by the comments stating decisions were made within the Democratic caucus. Mr. Proto said that is inappropriate and decisions being made behind closed doors give the impression of non - transparent government. He clarified the request being debated is to obtain clarity on the Rules and to be certain the process is correct. Mr. Sigler expressed concern that there is an impression that the Democratic party and its leadership are restructuring the County's Charter by creating a "leadership team" and this is clearly not in the Charter. He also noted there was an option to have a written ballot and that may have resulted in a different outcome. Ms. Robertson clarified earlier comments and said the intent was to elect only one Chair and to develop a sense of working together collaboratively. She does not think Mr. Koplinka-Loehr should be held to a vote he made in error. She stated she had been asked by a majority of Legislators to hold this office and while she did consider withdrawing from consideration, her colleagues have asked her not to. Mr. Burbank noted he sits directly between Mrs. McBean-Clairborne and Ms. Robertson and said both candidates are wonderful individuals and would do an admirable job. He asked Mr. Wood to clarify a point contained in his January 5 e-mail communication concerning the Rule of the Legislature pertaining to elections and serving one year or until a successor is elected. Mr. Wood reviewed the law, and provided additional information with regard to the circumstances when there is not a majority vote for the position of Chair, noting Tompkins is a Charter County, and has taken from State law only certain portions to include in the Charter. Mr. Randall expressed his disappointment that the question of clarity appears to be a party issue. He believed the vote was clear and the majority supported the candidate who had done a good job. He does not believe there was confusion on his part or that of his colleagues. Mrs. McBean-Clairborne said she will accept whatever outcome develops. She said there is a need to clarify that the Legislature is taking the vote seriously as well as continuing to do what is in the best interest of the County. At Ms. Chock's request Mr. Wood provided an interpretation of Robert's Rules of Order since County rules are silent, that a motion to reconsider would not apply to elections. Mr. Wood said there 7 January 6, 2009 are two different views on who was elected as Vice Chair; however, the issue at hand is how to proceed. He suggested the way to move forward is to Challenge the Ruling of the Chair. Ms. Robertson asked if the regular agenda could be undertaken at this time, since members of the public and staff were waiting for other business; we could come back to this topic. Mr. Proto felt the matter at hand was important enough to continue the discussion. Mr. Sigler said while he agrees it is important he would not have an objection to moving forward. In his opinion, Mrs. McBean-Clairborne is the Vice Chair. Ms. Herrera agreed with Mr. Sigler with regard to the Vice Chair, and has no objection to moving on. Mr. Wood said there are two views regarding the election with the primary being the issue of how to proceed at this point. He believes it requires a Challenge to the Ruling of the Chair. Mr. Wood summarized the three votes that have taken place. There was certainly confusion on the first vote because there were more than 15 votes; the second vote sounded like it was 8 to 7 however, there have been cases of revotes when confusion was indicated. The Chair has ruled that the third vote stands and in his opinion the only way to move forward is to accept or challenge that ruling. Ms. Herrera expressed concern with challenging the ruling of the Chair because to do so would indicate the initial election was not valid when many feel it was a valid selection. Ms. Mackesey stated it is her opinion that there was confusion surrounding the vote and it would be an exception not to allow a revote as has been done in the past. Mr. Dennis said it had appeared Mr. Koplinka-Loehr had voted twice; if so, there should have been a revote. Mr. Proto said the Legislature has had a history of revoting when confused, however, that is not what occurred; Mr. Koplinka-Loehr had indicated he wanted to change his vote; the revote provided him the opportunity to do so and resulted in Mrs. McBean-Clairborne being elected Vice Chair. The request prior to recess was not for a revote for Vice Chair, but one to reconsider a revote on the Chair made by Ms. Kiefer. Mr. Proto noted Mr. Koplinka-Loehr requested and has been given the opportunity to change his vote for Vice Chair. At this time, Ms. Kiefer asked to proceed with the agenda, and to return to this discussion thereafter. Mr. Koplinka-Loehr agreed to proceed with the agenda, returning to the discussion later in the meeting. Privilege of the Floor by the Public Michael E. Lane, Dryden Resident, requested that the Legislature think seriously before asking for State legislation to amend use of Room Occupancy Tax revenue. If the funds were to be used for a purpose other than the initial intention, he is concerned it would expand to other uses as well. Although a strong proponent of economic development who believes the County should spend more in this area, he does not believe this is the way to go about that. Mr. Koplinka-Loehr said Mr. John Bentkowski, Ithaca, New York, was present earlier speak to the Legislature but was unable to wait for Privilege of the Floor. His information will be distributed to Legislators. Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing, spoke in favor of housing affordability, the proposed trust fund, and the importance of implementation of programs. He expressed appreciation to the Legislature for the leadership shown in the past five years to bring awareness to housing. Mr. Mazzarella spoke of the 2006 Needs Assessment outlining a need for an additional 3,000 homes by 2014 and that one-half of the homes should be affordable. He said the next step would be to 8 January 6, 2009 assist local governments in understanding how to proceed with the Housing Strategy, moving past the study, and beginning discussions on how to implement the new housing that is required. He hopes the Legislature will move forward in approving the funding for this vital need. John Spence, Executive Director of Better Housing for Tompkins County, expressed appreciation to Mr. Marx and Planning Department staff for their work relating to housing needs. He is in support of affordable housing and the discussions among the County, City of Ithaca, Cornell University, as well as the Chamber of Commerce and Tompkins Consolidated Area Transit. Mr. Spence appreciates the amount of thought, effort, conversation, and collaboration put forth and is in support of the recommended funding. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, encouraged the Board of Elections and the Election Commissioners to educate the public on the use of the new voting machines prior to the Fall elections. He noted the State is in the process of certifying the machines, which is expected to occur by March or April 2009. Mr. Proto then spoke of the designated newspaper for County notices and concerns raised as a result in publication date changes made by The Ithaca Journal. Those changes have resulted in classified advertisements being published in only Wednesday through Saturday issues of the newspaper. He is concerned this may affect legal notice requirements and recommended the County look to see if other local publications should also be considered for designation. Mr. Randall, District No. 9 Legislator, expressed appreciation on behalf of himself and family to fellow Legislators and staff for their support during the past year. He also thanked his wife, Phyllis, for all she has done to assist with his needs, noting his recent surgery was successful and he has much gratitude for her care. Mr. Koplinka-Loehr welcomed Mr. Randall back. Ms. Chock, District No. 3 Legislator, announced the Light in Winter events will occur from January 23 through January 25. This is an incredible festival of science and arts that is creative and illuminating. More details may be found at www.lightinwinter.com. Ms. Kiefer, District No. 10 Legislator, in response to Mr. Proto's concerns regarding the designation of newspapers, indicated it is her understanding the County is not limited to designating a single newspaper, it just costs more. Mrs. McBean-Clairborne, District No. 2 Legislator, announced a variety of events that would occur in January, including: the Northside/Southside Center lunch on January 15th; Greater Ithaca Activities Center (GIAC) Martin Luther King (MLK) community breakfast on January 17th, with the Human Rights Commission MLK awards for art and poetry; the Community Dispute Resolution Center January 19th awarding of the Peacemaker Award; the unveiling of the dual -designation naming of Martin Luther King/West State Street on January 19th. She will attend the inauguration ceremonies January 20th in Washington, D.C. as a chaperone for students. She hopes there will be good discussions of the importance of the inauguration and wished the new President well. Mr. Stevenson, District No. 8 Legislator, spoke of the difficulty constituents are having relating to recycling pick up. He reported that the hauler, due to "weather conditions" has not been picking up recycling on the scheduled day. He has reviewed the guidelines, which does not state there would not be pick up due to inclement weather and is concerned. When this occurs, the hauler has indicated they would pick up on the next business day, which could be several days depending on the day of the week and holidays occurring. Mr. Stevenson believes the hauler should maintain the schedule, regardless of weather conditions. He then spoke of a concern regarding Continental Airlines not having a customer - service representative available for the subcontractor providing service at the Newark airport. Customers going to the Continental Airline desk are informed that even though the ticket may have been purchased 9 January 6, 2009 through them they are unable to assist them. He believes it could jeopardize the carrier's future business at the airport. Presentation — Community Housing Affordability Fund and the Community Housing Trust Fund — Memorandum of Understanding and Notice of Funding Availability Mr. Marx, Commissioner of Planning and Public Works, provided an overview of the Community Housing Affordability and Community Housing Trust Programs that were the result of the 2006 Affordable Housing Needs Assessment. As a result of the assessment, the Housing Strategy was undertaken in 2007, and resulted in four principal strategies: (1) use of inclusionary zoning and incentive zoning, (2) employer -assistance programs, (3) Community Housing Affordability Program, and (4) Community Housing Trust. The Community Housing Affordability Program is designed to provide initial funding to developers to fill a funding gap and reduce the risk of undertaking a new affordable -housing construction project. This is accomplished through local funds to assist with the pre -development costs associated with residential and mixed-use real estate development projects that provide affordable housing. The funds would be provided as a zero -interest loan to be repaid. The eligible uses for the funding include cost of options or purchase of land, environmental assessment, site design or building design, and approvals, permits, financing, or legal costs. The Community Housing Trust Program is designed to ensure that newly constructed housing units or rehabilitated housing units remain affordable to future generations of buyers. This is achieved by separating the ownership of the land from the ownership of the housing unit, whereby (1) only the housing unit is purchased by the homebuyer, and (2) the amount of equity that the homeowner can take from the housing unit upon sale is limited to keep it affordable. Eligible uses for the funding are the cost of land, provided that the housing unit remains affordable through the Community Housing Trust or another acceptable mechanism. Overall funding for the programs is a collaborative effort among the County, City of Ithaca, and Cornell University. The County contribution would come from the Community Development Block Grants Homeownership Program income funds that have been repaid by borrowers. The funds are only used for Housing and Urban Development eligible activities. The total contribution for the County is $600,000 over a six-year period. The City of Ithaca would also be contributing the same, with Cornell University doubling their contribution to $1,200,000 for six years. As a result, $400,000 would be available annually for the program, with a total of $2,400,000. Program administration would be done through appointed representatives from each entity. The application -review committee would be appointed by the program administration representatives and would include members of housing professionals from outside Tompkins County and appointed local professionals with experience in real estate development, housing, planning, or real estate finance Ms. Robertson said Planning Department staff has been working for several years to develop the programs. This has included working with the Economic Development Revolving Loan Fund through Tompkins County Area Development (TCAD). The shift of that program from the County to TCAD has helped to provide the ability to staff the housing initiative without adding personnel. In response to a question posed by Mr. Proto, Mr. Marx said it is not anticipated that administrative fees will be needed. He believes at present the work staff would be undertaking would be funded within the current budget. Ms. Kiefer suggested members be appointed to the oversight committee who have skills in the areas of sustainability and human services. Mr. Marx stated he would try to accommodate the request. She then asked if the funds would be pooled or maintained by each funder. Mr. Marx said funds would 10 January 6, 2009 be controlled by each funder, as there are restrictions on the use of the funds. Ms. Kiefer suggested that since applications are proposed to be rated through a scoring of points, more should be given to the energy -efficiency and land -location portion and less to the house. Mr. Marx said the oversight committee would have to finalize it and that at the present time he would not suggest modifications that would require approval by all parties, causing a delay. Ms. Chock disclosed her relationship to Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing, and asked Mr. Wood if it would require her being excused from votes on the program. Mr. Wood advised her that the only time she would need to abstain from voting would be during the consideration of a contract with 1NHS. Mrs. McBean-Clairborne shared her fellow Legislators' pleasure to see the affordable housing programs becoming a reality. Chair's Report Mr. Koplinka-Loehr said at the present time the State is not requiring Legislators maintain a record of time spent in their positions; it may be required in early February 2009. He called attention to the listing of advisory board vacancies provided to members and recommended Legislators encourage their constituents apply for these positions. Report from the County Administrator Mr. Mareane did not have a report. He requested an executive session at the end of the meeting to discuss personnel matters and labor negotiations. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported the financing on the $11.1 bond anticipation notes went well, with a 1.14 percent rating, which is the second lowest rate in the past 12 months and below his original estimate of 2 percent. He attributed this to the County's excellent rating, noting a benchmark is a double A or better rating, resulting in a $300,000 savings in interest cost. There will be another financing for the renovations to the Health Department. Report from Staff — Youth Services Ms. Zahler, Youth Services Director, addressed concerns regarding the proposed Governor's budget that would reduce funding for programs due to the recommendation of funding through a Youth Programs Block Grant, taking all funding that flows through her department and local government, combined with the State funding for partial reimbursement of the cost of detention services. Statewide, the present $118 million would shrink to $95 million, a 25% cut. She spoke of the expense of detention services, $350-$500 per day and since it depends on the number of youth affected, the cost is volatile, unpredictable, and can be very expensive. The other part of the Governor's budget that concerns her is that the Governor's proposal to repealing sections of law that provided per capita reimbursement for youth prevention programs. Ms. Zahler is requesting the Governor separate youth development and detention services. Also, the proposal stipulates a January 1St implementation date to determine program - funding levels when it is not yet known what the full implication of the proposal would be. Ms. Robertson expressed appreciation for the report and spoke of the need for the full Legislature to have information as it becomes available. In response to her question, Ms. Robertson was told the 11 January 6, 2009 County receives $300,000 state aid for detention (one-half of the total cost) and approximately $364,000 for youth development. Mr. Mareane explained the approximate $600,000 for youth detention would have a 25 percent reduction, if another youth were put in detention for a year it would be at a cost of $150,000, which would significantly impact the other youth programs. Mr. Koplinka-Loehr said Mr. Mareane has sent a letter to State representatives. The Governor indicated he would accept letters until January 16th Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Randall, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Youth Services Board Peter Daniel Barrow — Village of Freeville representative; term expires December 31, 2011 Environmental Management Council H. Roger Segelken — Village of Cayuga Heights representative; term expires December 31, 2010 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Randall, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 1 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Mr. Randall, seconded by Ms. Mackesey, and unanimously adopted by voice vote under Consent Agenda. WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board has requested and reviewed grant applications for recommendation to the Planning, Development, and Environmental Quality Committee and the Tompkins County Legislature, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed and approved the recommendations 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 2009 Slush Fest $1,200 Town of Ithaca Celebrating Community on Cayuga Lake 1,700 $2,900 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 12 January 6, 2009 RESOLUTION NO. 2 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Mr. Randall, seconded by Ms. Mackesey, and unanimously adopted by voice vote under Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Marketing and Advertising using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board has requested and reviewed grant applications for recommendation to the Planning, Development, and Environmental Quality Committee and the Tompkins County Legislature, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed and approved the recommendations 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: Ithaca Triathlon Club 2009 Cayuga Lake Triathlon $1,000 Light in Winter, Inc. 2009 Light in Winter Festival $4,369 PRI/Museum of the Earth Charles Darwin After the Origin Exhibit $5,000 Finger Lakes Wine Center Grand Opening $5,000 $15,369 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 Report from the Public Safety Committee Mr. Stevenson, Chair, deferred to Mr. Hattery, Vice Chair. Mr. Hattery reported the Committee met last prior to the December 16th Legislature meeting to act on resolutions presented at that time. The first meeting of the Assigned Counsel/Public Defender Task Force will take place on January 13th Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on December 17th and discussed the 2009 -spending plan. She expressed her appreciation to the Legislature for providing money that would assist in moving forward initiatives including civil service testing issues. The next meeting is scheduled for January 28th Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet on January 20th prior to the next Legislature meeting to address action items. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee is scheduled to meet on January 15th Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee is not scheduled to meet until February. He reminded Legislators of the training regarding direct report reviews is scheduled for January 29th at 5:30 p.m. He asked that members confirm attendance at the training. Report and Presentation of Resolution(s) from the Government Operations Committee 13 January 6, 2009 Mr. Hattery, Chair, reported the Committee would meet on January 9th. RESOLUTION NO. 3 - ESTABLISHING 2009 MEETING DATES MOVED by Mr. Hattery, seconded by Mr. Stevenson. It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to amend the resolution to cancel the August 4, 2009, meeting. Ms. Kiefer said she does not believe it is necessary to have two meetings a month in the summer. A brief discussion followed, during which Ms. Chock felt the suggestion may be worthwhile to enable vacation planning. Ms. Robertson, Mr. Stevenson, and Ms. Herrera expressed their opinion that due to individual schedules it is difficult to pick a specific time to not hold a meeting. A voice vote on the amendment resulted as follows: Ayes — 3 (Legislators Burbank, Chock, and Kiefer); Noes — 12 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, Shinagawa, Sigler, and Stevenson). MOTION TO AMEND LOST. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 1 (Legislator Burbank). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Government Operations Committee, That the 2009 regular meetings of the Tompkins County Legislature are as follows: Tuesday, January 6, 2009 at 5:30 p.m. Tuesday, January 20, 2009 at 5:30 p.m. Tuesday, February 3, 2009 at 5:30 p.m. Tuesday, February 17, 2009 at 5:30 p.m. Tuesday, March 3, 2009 at 5:30 p.m. Tuesday, March 17, 2009 at 5:30 p.m. Tuesday, April 7, 2009 at 5:30 p.m. Tuesday, April 21, 2009 at 5:30 p.m. Tuesday, May 5, 2009 at 5:30 p.m. Tuesday, May 19, 2009 at 5:30 p.m. Tuesday, June 2, 2009 at 5:30 p.m. Tuesday, June 16, 2009 at 5:30 p.m. Tuesday, July 7, 2009 at 5:30 p.m. Tuesday, July 21, 2009 at 5:30 p.m. Tuesday, August 4, 2009 at 5:30 p.m. Tuesday, August 18, 2009 at 5:30 p.m. Tuesday, September 1, 2009 at 5:30 p.m. Tuesday, September 15, 2009 at 5:30 p.m. Tuesday, October 6, 2009 at 5:30 p.m. Tuesday, October 20, 2009 at 5:30 p.m. Wednesday, November 4, 2009 at 5:30 p.m. (Tuesday, November 3 - Election Day) Tuesday, November 17, 2009 at 5:30 p.m. Tuesday, December 1, 2009 at 5:30 p.m. Tuesday, December 15, 2009 at 5:30 p.m. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee would meet on January 8"', when there would be a resolution at that time there would be a resolution regarding the Industrial Development Agency Civic 14 January 6, 2009 Facility Legislation as well as continued discussion regarding the proposal for Room Occupancy Tax funds to be designated for economic development. RESOLUTION NO. 4 - FUNDING OF NEW TOURISM INITIATIVE GRANTS MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Ms. Kiefer asked for the location of the Wine Center and was informed it would be located under the Cayuga Street Parking Garage. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 2 (Legislators Proto and Randall). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a grant program for New Tourism Initiatives using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board has requested and reviewed grant applications for recommendation to the Planning, Development, and Environmental Quality Committee and the Tompkins County Legislature, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed and approved the recommendations 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: Finger Lakes Wine Center Temporary Interim Director & Fundraiser $25,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 5 - FUNDING FOR FESTIVAL OUTREACH MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. It was MOVED by Mr. Proto, seconded by Mr. Sigler, to separate the resolution as follows: $10,000 for the broad-based core assistance and $10,000 for the targeted technical assistance. A discussion followed during which Ms. Herrera noted what the various components were and requested additional information regarding the proposal. Ms. Chock asked whether the organization would deliver the program if only one-half of the funding were approved. Ms. Robertson did not know if it would be possible to do so. She said the project is a result of multiple requests for information to County staff and it would help provide direction to volunteers working on festivals. Ms. Herrera stated she read more information and is in favor of the proposal that would provide needed services. Ms. Mackesey is hesitant to separate the pilot project; if it were to be separated she would like it tabled to provide time for further discussion. Ms. Kiefer asked what Mr. Proto's objection to the resolution was that resulted in his request for separation. Mr. Proto said it was due to providing a salary for an individual to do the work. Ms. Robertson would not object to the separation, but hopes it is approved. A voice vote to separate the resolution resulted as follows: Ayes — 7 (Legislators Dennis, Hattery, Kiefer, Proto, Robertson, Sigler, and Stevenson); Noes — 8 (Legislators Burbank, Chock, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Randall, and Shinagawa). MOTION TO SEPARATE FAILED. With regard to the original motion, Mr. Sigler indicated that he feels many people do the type of work the project is addressing. He is concerned that if all future festivals use the templates provided through the project there would not be variety in local festivals. Mr. Stevenson agreed in part with Mr. Sigler and indicated he would not be opposed inherently, but without additional information is not comfortable. Ms. Herrera supports the resolution as tourism is important and requires support. Mrs. McBean-Clairborne said the Strategic Tourism Planning Board brought forth the recommendation and would like to see their recommendation respected. 15 January 6, 2009 A voice 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, the Tompkins County Tourism Program administrators receive numerous requests each year for technical assistance from festival producers, and WHEREAS, the grant applicants often request financial support for the production of festivals, and WHEREAS, the Strategic Tourism Planning Board (STPB) recognizes the demand for a pro- active approach to such requests, and that there is a scale of economy to be achieved in joint purchases, planning, and coordination for festivals county -wide, and WHEREAS, there are adequate funds earmarked for festival outreach in the 2009 Tompkins County Tourism Program budget, WHEREAS, the Strategic Tourism Planning Board has requested and reviewed grant applications for recommendation to the Planning, Development, and Environmental Quality Committee and the Tompkins County Legislature, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed and approved the recommendations of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following amount is approved for the proposal: Downtown Ithaca Alliance 2009 Festival Outreach $20,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned project. SEQR ACTION: TYPE II -20 RESOLUTION NO. 6 - TOMPKINS COUNTY LEGISLATURE POSITION ON TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY (IDA) MEMBERSHIP, ACCEPTING THE RECOMMENDATION OF THE IDA MOVED by Ms. Robertson, seconded by Mr. Hattery. Ms. Robertson reviewed the information regarding the resolution, noting it is the result of a recommendation by the Industrial Development Agency's (IDA) Governance Committee following the Public Authority Accountability Act. The reason provided by the State is that it is not best practice to have the majority of the IDA be from the body that created it. The IDA chose to adopt the recommendation and amend membership to three County Legislators, one elected official from a municipality, and one elected official from a school board. At present, four of the seven members are Legislators and there are no slots designated for other elected officials. Although the Legislature is not bound by this recommendation, Ms. Robertson believes it is important to finalize a decision prior to the time the members of the IDA are appointed. Ms. Herrera was on the IDA and its Governance Committee and believes it may be premature to support the resolution, indicating the Legislature is responsible to represent constituents with best interest in mind. Ms. Kiefer said the State recommendation is the result of other IDA's having significant problems, which ours has not had. Mr. Hattery noted the change was not just due to state regulatory recommendations but also to obtain diverse skills and representation. Mr. Proto said although he is in favor of a school board member on the board due to tax abatements, he is concerned about how the membership for the municipal and school board would be chosen. A voice vote on the resolution resulted as follows: Ayes — 5 (Legislators Hattery, Proto, Randall, Robertson, and Sigler); Noes - 10 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Shinagawa, and Stevenson). RESOLUTION LOST. 16 January 6, 2009 WHEREAS, historically the membership of the Tompkins County Industrial Development Agency (IDA) has consisted of four members appointed from the Tompkins County Legislature, one Tompkins County Area Development (TCAD) Board representative, and two at -large members, and WHEREAS, the New York State Public Authority Budget Office recommends, as a "best practice" with respect to board member independence, that there not be a majority of members from the entity that created the public authority (IDA), and WHEREAS, in October 2008, the Tompkins County Industrial Development Agency revised its bylaws, including several changes to the membership categories and terms of service, and WHEREAS, the new bylaws state that the membership shall consist of three members from the Legislature, one TCAD Board representative, one elected official from a municipality, one elected official from a school board, and one at -large member, and WHEREAS, the revised bylaws also state that: "All members shall be County residents. The membership as a group should have representatives from both urban and rural areas of the County and should embody skills that would complement the work of the Agency including substantial finance and/or business experience and experience in workforce and labor issues. In addition, the Agency will seek to have a diverse representative board including but not limited to race, gender, sexual orientation, disability, and other legally protected classes.", and WHEREAS, according to the County Attorney, those portions of the IDA's bylaws that concern membership are advisory to the Tompkins County Legislature. As statutory law provides that the right to appoint IDA members rests with the County Legislature, it has the final authority to determine the makeup of the IDA Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That despite its authority to maintain the status quo, the Tompkins County Legislature wishes to accept the Industrial Development Agency's recommendations, RESOLVED, further, That the Tompkins County Legislature directs the Chair of the Legislature to nominate IDA members according to the goal of diversity on its board (cited above), and according to the following designations: three members from the Legislature, one Tompkins County Area Development Board representative, one elected official from a municipality, one elected official from a school board, and one at -large member, RESOLVED, further, That such nominations will be subject to the approval of the committee overseeing the Industrial Development Agency and the full Legislature. SEQR ACTION: TYPE I1-20 Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee would meet on January 12`h and would take action on the resolution for housing, review 2009 goals, and other areas of concern relating to budget. Minutes The minutes of December 16, 2008, were withdrawn. Recess A recess was declared at 8:52 p.m. with Ms. Herrera opposed. The meeting reconvened at 9:01 p.m. Election of Vice Chair of the Legislature — Continued Mr. Koplinka-Loehr stated he would make a ruling on the election of Vice Chair of the Legislature and reviewed the Rules of the Legislature relating to appealing the Rule of the Chair. 17 January 6, 2009 Mr. Koplinka-Loehr stated he bears full responsibility for the earlier confusion and apologized for the lengthened deliberation it caused. He said he received information earlier in the day that turned out to be incorrect, which he had not realized until the very moment that he called for a vote, and said he should have called for a recess before the first vote. He ruled that the vote taken after recess is final and valid and results in Martha Robertson being elected Vice Chair, with eight votes. Mr. Proto said he is hesitant to challenge the ruling of the Chair and would seek counsel at the State level. Ms. Herrera shared Mr. Proto's opinion and believes it should be worked out. She does not agree challenging is the appropriate method and that the original vote selecting Mrs. McBean-Clairborne is correct. At this time Mr. Proto requested that any tapes and notes be sequestered to be available for review at an appropriate time for anyone seeking counsel. He apologized to both individuals nominated and said he believes the Vice Chair had been chosen and the ruling is inappropriate. He stated he will not do anything further until determination is made by a counsel. Executive Session It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to enter into an executive session to discuss personnel matters and negotiations. An executive session was held at 9:08 p.m. The meeting returned to open session at 9:40 p.m. Adi ournment On motion, the meeting adjourned at 9:40 p.m. 18 January 15, 2009 Special Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 4:45 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: 13 Legislators (Legislator Randall arrived at 4:55 p.m.). Excused: 2 (Legislators Shinagawa and Stevenson). Statement by Chairman Koplinka-Loehr "I thank you all for arranging your schedules to attend today's special meeting. "I have called this meeting of this body to declare to a quorum of those assembled that I made a decision in error at our last meeting and this informational session will lay out our options for correcting that decision at a future meeting. No action is requested by me or necessary of the Legislature today, and thus no one not able to attend would have their vote disenfranchised. "Upon reviewing the tape of the January 6th legislature meeting and in consultation with Jonathan Wood, our County Attorney and Parliamentarian, it is quite clear that when I called for a revote on Vice Chair after a recess I did not have the authority to do so. Several Legislators pointed that improper action out to all of us during the meeting of January 6th but we did not take corrective action due to the confusion my mistake caused for the remainder of the meeting. That constituted a breach of our rules, and Robert's Rules of Order are the parliamentary rules, which apply for elections in this instance. In a moment I will lay out options for definitively correcting that breach and the corresponding ruling which I made later in the meeting. "Before I do so, you, my esteemed colleagues, our staff, and the public deserve an apology and a more complete explanation of my actions. First and foremost, I offer my deepest possible apology for this human mistake, to you all, to the entire organization of county government, and to the entire community of fellow citizens that I have sworn an oath to serve. I erred and I ask for your consideration of understanding and possible forgiveness for that error, which I am committed to correcting commencing with this meeting. "You and the public also deserve to understand why I called for a vote when I did not have the authority to do so. In the moments after the first clear vote for Vice Chair and during the break that ensued I was under a great deal of political pressure to reverse my vote and I succumbed to that pressure for the remainder of the evening. I am not proud of that series of moments when I placed politics above governing, and deeply regret any public confidence it may have shaken in our normal legislature decision- making processes. I have grown up in this community and served capably in elected office for 14 years and I believe citizens of all perspectives have come to know me as someone who does not play political gamesmanship, but has held as my guide for decision making the standard of what is best for the common good of the entire community over the long term, not short-term political expediency, and for my straying from that standard I apologize. "Today I begin the public process to correct my very public error and take full responsibility for the consequences that may follow throughout this year with my colleagues and constituents. I do not believe that one mistaken decision constitutes reason to step aside as your leader or as an elected representative in my district as some have suggested, since the rest of my record as a public official stands as a testament to who I am and who you know me to be. I can only ask for your understanding and will 19 January 15, 2009 work tirelessly to heal the rifts this error has caused for the remainder of the days that I may be given to do so. "I will now lay out options for the body to consider to achieve a definitive outcome regarding Vice Chair at a future meeting with all 15 Legislators present. 1. As Jonathan has pointed out: one way to resolve the issue is to suspend the rules of the Legislature (which requires a 2/3rd vote) and to revote. I recommend this option but it may not be attainable. 2. A legislator could declare that a "continuing breach" has occurred, (see pg. 244 (d) Robert's rules; that I violated a "Fundamental Principle of Parliamentary Law" using the logic that I summarily invalidated a vote and inadvertently set aside a valid election and held another in its place -- and thereby disenfranchised the legitimate votes of 14 people who participated in the valid election, violating the rights of those 14 members by doing so,) and ask me to remedy the breach by vacating my violation. If I do so, that can be appealed and proceed to a vote of the body. It is clear that several Legislators did object to that improper action and were actively seeking such a vehicle at our January 6th meeting, but did not achieve a conclusive method to do so. A "continuing breach" can be noted at any meeting and the action must be corrected. I cannot summarily vacate the improper action, since that would constitute another invalid action, and two wrongs don't make a right. 3. If any Legislator believes that my calling for a vote after a break is improper, they can move to "rescind" that decision, (elections can only be rescinded at future meetings if malfeasance is determined.) "While I will do my best to answer any questions, Jonathan has advised us that "any disagreement as to who is or should be the Vice Chair of the Legislature should be resolved by the County Legislature," and it is my hope that we all can concur with that advice. It is my opinion that the first method for a definitive outcome be undertaken at the next meeting where all 15 Legislators are in attendance, but absent that option occurring, other options are available. "Thank you again for the courtesy of attending today's special meeting to allow me to admit to an error of taking an improper action based on our rules, share my strained reasoning for and apologizing for that error, and to outline options for moving forward in a definitive manner". Ms. Mackesey spoke to the first option and questioned what the purpose would be for suspending the rules and what the revote would be on. Mr. Koplinka-Loehr said the purpose would be stated at the time the motion to suspend the rules is made. It was MOVED by Ms. Chock, seconded by Mr. Hattery, to adjourn the meeting at 4:55 p.m. Ms. Robertson said she is very disturbed by the circumstances of this meeting being called and believes if the intention were for information purposes alone, Mr. Koplinka-Loehr could have sent an email or written press release. She said she informed Mr. Koplinka-Loehr she had a conflict with this meeting and had to cancel an appointment to be in attendance. Ms. Robertson said any further discussion of the substance of this topic or response to Mr. Koplinka-Loehr's statement, or response to the County Attorney is disrespectful of the two Legislators who could not be in attendance. Ms. Kiefer said she does not think this body should adjourn without the opportunity to have some commentary on the statement read by Mr. Koplinka-Loehr. She said she does not agree the entire contents of his statement are accurate. Specifically, Ms. Kiefer disputes the statement that it was an "improper action to have a revote on January 6th after recess". She said it is the Chair's job to manage voting and part of managing voting, besides calling for the votes correctly, is to announce the results of the vote and what the actual numbers reported by the Chair mean in terms of the action taken. Ms. Kiefer said the only time this was done was after the vote taken after the recess. She said Mr. Koplinka- 20 January 15, 2009 Loehr announced numbers, but not the result of the vote taken immediately before recess. Ms. Kiefer said it is her opinion that the last action taken was not an error and should stand in terms of parliamentary interpretation. She said she is not saying that she would object at some point to reconsidering everything, but does not think it should be done for the reason Mr. Koplinka-Loehr gave. Mr. Hattery said he appreciates Mr. Koplinka-Loehr for calling this meeting and said he believes the intent behind calling this meeting was to resolve this issue and allow Legislators to move forward with the business they were elected to do. He said this is clearly a disputed issue among Legislators and the community. Ms. Mackesey read the following letter submitted by Legislator Shinagawa dated January 14, 2009: Dear Chairman Koplinka-Loehr, "I earnestly request that you postpone or cancel the special meeting of the Legislature that you scheduled for January 15, 2009. I am sincerely disappointed that you called this meeting despite your prior knowledge of my schedule conflict. By continuing with this meeting, knowing I could not attend, you disenfranchise me of my rights as a Legislator and representative of my constituents. "Following a Budget and Capital Committee meeting on January 12, 2009, I informed you that I would not be able to attend any meetings between January 14th and 16th, during which time I will be at a health care symposium in New York City. This is a required, mandatory event for my graduate school program from which I cannot be absent. I am shocked that such an important meeting was called, knowing that the full body could not attend. "The election for the leadership of the Legislature is one of the most important votes of the year. The leadership guides and drives the agenda of the county, and I care greatly who is at the helm. The decision to hold this vote without my attendance is tantamount to disenfranchisement -- it strips me of my rights to take part in a crucial discussion and decision of the Legislature. If I am reappointed Chair of the Budget and Capital Committee, I will work closely with whoever occupies the leadership in what is likely to be a difficult budget year. I'm appalled that I will not have the ability to voice my opinion and mark my vote on who those leaders will be. "I am also concerned about why the discussion and decision about the leadership of the Legislature is not occurring during a regularly scheduled, full meeting of the Legislature. Since my election, I have scheduled my life around our Legislature meetings. As recently reported by the Ithaca Journal, I have had perfect attendance in our full Legislature meetings through 2008 and beyond. While you do have the right to call a meeting with only 48 hours notice, such immediacy is unwarranted and unnecessary. When such an important discussion or decision is to take place, it is your duty to make efforts to ensure that all Legislators are able to attend — or that they are given sufficient notice to attend. In fact, you had stated before that if you were to revisit this issue you would find a time when all Legislators could be present. Why has this standard changed? "In your recent press release, you cited your concern about the public trust as one of the reasons why you called a special meeting. How does calling for a sudden meeting, when an elected representative of the public cannot attend and thus cannot be the voice of his constituents, regain the trust you say may be broken? "This meeting must be held at a time and date when all Legislators can participate. I ask you to cancel or postpone this meeting until all Legislators are able to attend. This is a reasonable request". Mr. Burbank expressed extreme displeasure for the stated purpose of calling this meeting. While his experience on this Legislature has been brief, it has been his experience that when meetings are 21 January 15, 2009 scheduled there has been some attempt to explore availability of Legislators. He said this meeting was scheduled when some Legislators indicated their inability to attend without allowing for the suggestion of possible alternatives. Mr. Burbank said while he understands the need to address this and the confusion surrounding the last vote, he does not believe there is any emergency that supports the calling of this meeting. Ms. Chock said she understands that a mistake can be made and appreciates the statement presented by Mr. Koplinka-Loehr, but now members need time to react to it. Ms. Chock stated she was not part of any secret conversations or improper process or the accepted process for the ways in which this body operates. She urged Legislators to support the motion to adjourn and to not have a discussion without all Legislators being in attendance. Ms. Robertson said this was a very congenial body when she was elected seven years ago, even when there were deep disagreements about issues. She urged her colleagues to support adjourning the meeting and to protect any mutual respect and trust that may be salvaged from the botched process. She said the work of County government is continuing and there is no reason for urgency to force a discussion of the merits of this when all Legislators cannot be present. Mr. Proto spoke of the process and suggested that the Rules of the Legislature be reviewed in the coming year for the purpose of identifying what constitutes a crisis, an emergency, and when there is a need to have full attendance by the Legislature. Mr. Dennis agreed with Mr. Proto's suggestion that the Rules of the Legislature be reviewed. He does not believe this important meeting should have been called once it was known that all 15 Legislators could not be in attendance. A voice vote on the motion to adjourn resulted as follows: Ayes — 12, Noes — 1 (Legislator Randall); Excused — 2 (Legislators Shinagawa and Stevenson). MOTION CARRIED. Ad i ournment The meeting adjourned at 5:14 p.m. 22 January 20, 2009 Regular Meeting Public Hearing — 2009 New York State Community Renewal Community Development Block Grant Program Mr. Koplinka-Loehr called the public hearing to order at 5:31 p.m. concerning 2009 New York State Community Renewal Community Development Block Grant Program. Jeanne Leccese, Tompkins County Planning Department, provided a brief overview of the Program. No member of the public wished to speak and the public hearing was closed at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators. Excused: 2 (Legislators Herrera and McBean-Clairborne). Presentation of Proclamation Mr. Koplinka-Loehr proclaimed January 2009 as Mentoring Month in Tompkins County. Mr. Koplinka-Loehr said on behalf of the Youth Services Department, he encouraged people to participate on Jan 22, in the "Thank You Mentor Day". Privilege of the floor by the Public Janis Kelly, City of Ithaca resident, expressed her dissatisfaction over the January 6, 2009, process in selecting the Vice Chair of the Legislature. She said she does not believe Mrs. McBean- Clairborne was treated fairly as she was not considered for re-election to the position. Ms. Kelly said in her opinion, the Legislature did not fulfill its commitment to diversity and good government through the actions taken at that meeting. She said she has not heard of any complaints made of Mrs. McBean- Clairborne and said she has done nothing wrong. She believes the Legislature owes the citizens of the community an apology, and that a new chair should be chosen. Distinguished Youth Award Mr. Proto, District No. 7 Legislator, presented the January, 2009, Distinguished Youth Award to Eighth graders Dylan and Dustin Hollenbeck, Justin McNeal, Matt Laue, Nick Hubbell, and Adam Bradford, Boynton students, in recognition of their farming education. The boys planned and carried out a number of activities and created displays to teach their fellow students about their involvement and how farming is a vital part of our community and includes people from all walks of life. Privilege of the floor by Legislators Ms. Robertson, District No. 13 Legislator, commented on today's historic events as President Obama took the Oath of Office. She reported the Environmental Management Council has vacancies and urged members of the public to contact the Planning Department for further information. She also reported the Human Services Coalition will sponsor a presentation on the Governor's proposed budget and alternative revenue -raising options the State could use to balance its budget in a more progressive fashion. That presentation will take place tomorrow at the Women's Community Building. Ms. Robertson announced US Airways will print a 13 -page feature of Ithaca in its February 2009 issue. Jim Dennis, District No. 15 Legislator, commented that Shanova Moodie, who participates in the Mentor Program, is also a County employee. He said she was very important in the recent United Way funding drive and is a great example of a good County worker who also helps in the community. Mr. 23 January 20, 2009 Dennis spoke of today's inauguration and said President Obama is the right person at the right time and he hopes all of the good will wishes will continue through these difficult times. Ms. Kiefer, District No. 11 Legislator, announced that next month cell phone numbers will be made public by the release to telemarketers and reported a telephone number to contact to get on a do -not - call list. She announced a public informational meeting on the Stewart Park Rehabilitation Action Plan will be held on January 23rd at the Public Library's Borg Warner Room. At this time Ms. Kiefer made the following statement: "I will move tonight to renew my motion to Reconsider the 1/6 vote for Chair of the Legislature. I will do so tonight, even though not all Legislators are present, because by rule this kind of Reconsider motion can only be made at the meeting when the vote is taken or at the next meeting. For me, tonight is the next meeting, since the "Special" meeting that Mike Koplinka-Loehr (hereafter "Mike") called for 1/15, could deal only with any specific motion or resolution contained in the call to that meeting, and there was none included in his call to that special meeting. "It is important to get clear what the problem before us is. It has never really been about vice chair, but about chair — specifically, about another year of Mike as chair. "At the 1/6 organizational meeting of the Legislature we were all treated to our chair demonstrating supposed "confusion", which manifested itself during our votes for vice chair. To the public it must have seemed incomprehensible. To at least one viewer whose letter was published in the Ithaca Journal on January 14, Mike's reliance on "secret information whose content or source he was unwilling to reveal" suggested that Mike was "following a hidden agenda and could not be trusted" and the writer called on Mike to resign. "To me it was another in a series of surprises, missteps, and manipulations that occurred during his 2008 chairmanship — but the first to be so public, since the others were dealt with and "cleaned up" within the county organization. I take no pleasure in saying all this — especially on this celebratory January 20 Inauguration Day, when there is great hope of a new national coming together, this may seem inappropriate. But I need to explain to my constituents and to the public the context for why, back on January 6, I moved to reconsider my vote for Mike as chair. "First of all, I never wanted to have Mike serve another term, and Mike has known of my unhappiness with various of his actions. Sadly, I have lost confidence and trust in him. [I believe I am not alone in having reached this state of realization.] After much off -record discussion in December and January, Mike had agreed to vote for a "2009 Democratic ticket" leaving him as chair and supporting Martha Robertson as vice chair. I agreed to this arrangement because it would allow him to "save face" while at the same time allowing someone who has both the time and energy to be on hand and keep an eye on things and be out early warning system, to also be part of the 2009 "leadership team". "I should note that this was never a criticism of Leslyn as vice chair, she had filled the role of Vice Chair for three years and is a very competent but extremely busy woman, with many non -legislative responsibilities. And Martha never wanted to be vice chair per se. In my opinion Martha could handle the job of chair well, and I would certainly have supported her challenging Mike for chair. But that is not where we got to. "Prior to January 6, Mike had assured me he would be voting for Martha for Vice Chair. When he broke his word on 1/6 by voting for Leslyn, Mike announced the vote as 7 to 8 and this was followed by complete silence. Mike never completed the chair's duty of announcing what those numbers meant, namely that Leslyn was now Vice Chair of the Legislature — and without that statement the vote was incomplete, and therefore can be considered erroneous. Into that stunned silence I moved to ask to reconsider my vote for chair. Someone asked for a recess, and, upon assent, Mike called a recess. 24 January 20, 2009 "It should come as no surprise [to staff or members of the public] that members of the Legislature regularly meet in political -party caucuses. "Caucus" is not a dirty word — all political parties make use of it. Caucuses provide time for informal consultation and frank discussion, and are recognized in NYS Law as being exempt from the Open Meetings law precisely to allow such discussion. And incidentally, this actually saves legislative meeting time. Because caucus matters are generally considered confidential, I will not and have not breached that confidentiality, so I am only speaking for myself tonight. "After the recess on 1/6, where Mike called for and held a revote for vice chair, he reported the numbers and said that Martha is now Vice Chair, thereby completing the chair's duty in conducting an election. In my opinion, that vote legally stands. "With respect to the 1/15 Special meeting of the Legislature that Mike hurriedly called, it was clear that he planned no action other than to issue a self-serving statement putting his best spin on what he had done publicly on 1/6. In that statement he pleaded that he was under "extreme political pressure", that he had made an error, and that his otherwise fine public record should be taken into account. But any pressure he felt was of his own making, from breaking his word. And from my knowledge, this was not the first "error" in his public life, just an obvious one very publicly observable. "Today, when I move later in the meeting to Reconsider the vote for chair, that motion will need to be seconded, and a majority of the Legislature (8) would need to vote to allow reconsideration. "Thank you for your patience and attention." Mr. Burbank, District No. 11 Legislator, said Ms. Kiefer's concerns are real and sincere and will be addressed. He stated this is an extraordinary day in our country and in the world as the first African- American was sworn in as President of the United States. Mr. Burbank said he is aware that many Ithacans, including Mrs. McBean-Clairborne, are in Washington, D.C., at the present time to witness this historic event. He asked that everyone join in this celebration that transcends the partisan divisions that typically push parties apart and said he is hopeful it will bring everyone together nationally and locally. He said the democratic process happens at all levels and what is done at the local level is very important. Mr. Shinagawa, District No. 4 Legislator, apologized he didn't make the special meeting last week due to being in New York City for a required graduate class. He said at the time the plane landed in the Hudson River he was a short distance away at a medical center and witnessed the remarkable efforts first hand of emergency personnel. He said while it may not be affordable, the country's healthcare is responsive. Mr. Shinagawa said he will not support a motion to take action on the position of Chair or Vice Chair because he believes all Legislators should be in attendance for such an important discussion and/or action. Ms. Chock, District No. 3 Legislator, spoke of a commentary she heard during today's inauguration about political caucuses and the role they play in the democratic process. She said the process can be key to being a place for bringing new ideas, to think ideas through, and also to strategize. Ms. Robertson, District No. 13 Legislator, asked that a special meeting be scheduled when all members can be in attendance to address the Chair and Vice Chair issue. Mr. Proto, District No. 7 Legislator, asked for guidance from the Chair in how committees should proceed until the issue of leadership of this Legislature can be addressed. Mr. Proto announced on January 22 the Community Science Institute will be honoring volunteers for stream monitoring they have been doing in the County. He said it is important to recognize the 80 to 90 volunteers in the County doing work that could not be afforded otherwise. Lastly, Mr. Proto said today was a historic inauguration day and said one could not help but be moved by President Obama's comments. 25 January 20, 2009 Mr. Sigler, District No. 6 Legislator, responded to comments made by Ms. Kiefer earlier with regard to cell phone numbers being released and stated he believes it to be untrue and further information can be found at snopes.com. Report from a Municipal Official Maria Coles, City of Ithaca Common Council Member, reported yesterday morning the City unveiled the dual designation of State Street and Dr. Martin Luther King Street. She reported on a controversy between the Town of Ithaca and the City of Ithaca concerning the ownership of the land occupied by the Ithaca Farmer's Market. Without speaking of the controversy itself, she said the Town now has no objection to the City going ahead with the IURA lease with the Ithaca Farmer's Market. Ms. Coles said the City's Workforce Diversity Committee continues to do great work for the City. So far, almost every department has reported to that Committee with a plan for diversifying. She reported the building development moratorium in Collegetown will expire in April. Having read the Collegetown Plan, she believes the Plan leaves far too many questions unanswered, many with regard to parking, protection of neighborhoods, and building height. She reported the Mayor, in preparation for hard fiscal times ahead, has implemented a hiring freeze and has also created a committee to review vacancies. Chair's Report Mr. Koplinka-Loehr reported he has circulated some draft ideas for 2009 committee responsibilities and requested Legislators comment soon so that appointments can be made at the February 3rd Legislature meeting. He said he has distributed economic -indicator information to all Legislators. Mr. Koplinka-Loehr spoke of today's Inauguration ceremony and said President Obama spoke of the confidence of the American people in their elected representatives. He said if his January 6th actions have shaken the confidence of this community, in our government, or in this Legislature leadership, he is willing to "undertake a revote" of Chair of this Legislature. He said it is his goal to restore public confidence in the leaders of this County in a transparent manner. Mr. Koplinka-Loehr stated that "if his error on January 6th has shaken the confidence of this community, in our government, or in this Legislative leadership then I commit to you that I am willing to submit to revisiting the election of chair of this Legislature or a vote of confidence if necessary". Mr. Sigler raised a point of order and said "You are not allowed to I don't think". Mr. Koplinka-Loehr stated "I could resign". Mr. Sigler responded "You could, that is true, if that is the way you wanted to do it". Mr. Koplinka-Loehr said "I am not proposing to resign tonight. I am saying I am willing to take that under as one method to achieve an outcome that is definitive. It is not one method that I added to my list last Thursday, but it is a method that would be definitive. My goal is to restore public confidence in our leaders in this county in a transparent manner With that we will move on". Report from the County Administrator Mr. Mareane reported he joined Legislators Koplinka-Loehr and Robertson, and Patricia Carey, Commissioner of Social Services, to meet with Senator Seward in Cortland to discuss some of the ongoing budget concerns and implications of the proposed state budget cuts on Tompkins County. He reported the Budget and Capital Committee agenda circulated for the January 26 contains an error and it will be re -circulated. The agenda states there will be a discussion of the Room Occupancy Tax; that item is intended to be an action item. Mr. Mareane requested an executive session to discuss a personnel issue. 26 January 20, 2009 He reported he attended a meeting with Legislators Dennis, Robertson, and Sigler, and Planning and Public Works Commissioner Ed Marx, with Congressman Arcuri about the federal stimulus package. Report from the County Attorney Mr. Wood reported on the Coddington Road decision. He explained the Appellate Court held essentially two things. One issue was whether the County complied with SEQR (State Environmental Quality Review Act); the Court said the consultant the County hired did a thorough environmental analysis but it wasn't clear the Legislature adopted the analysis. They held against the County on that; however, the Legislature can correct that by readopting the resolution, making it clear that it adopts the analysis that was done. Mr. Wood said the second point dealt with the extent of the County's right-of- way. The Complainants in the case believe that the County's right-of-way should be the County's "use". The County believes the right -of way should be three rods (49.5 feet); the Court agreed with the property owners and said it should be "use" unless it can be shown how the County acquired the three rods. The problem for the County is that the road dates back to before the 1700's — long before there are any records, so there is no way to show how the County got three rods. This means the County would have to go by use, which means it makes the acquiring of parcels somewhat less definite but this does not affect the overall project. He said the State is probably going to do the acquiring of land to the extent the County needs land and will go about it a different way that may take more time. Mr. Wood said it will not have a significant financial impact. He said it is important to remember that the rebuilding of the road is approximately a $9 million project and of that $8.5 million comes from the State and Federal government. The basic width of the road is the primary concern of the landowners and the decision does not change that width. It comes down to the State and Federal governments belief that if it is not the designed width, the road would not be safe, and they would not provide funding for a road determined to be unsafe. Mr. Wood said the decision affects the procedures of acquiring the land and does not impact the project itself. He said he would e-mail Legislators about another scheduled matter. Report from the Finance Director Mr. Squires distributed a sales tax report and said Tompkins County ended 2008 with $1 million over budget. He also reported progress has been made on reducing the number of properties on the foreclosure list and has distributed information to all Legislators. The list has been reduced from over 66 to 18 parcels. Prior to the next Legislature meeting the County will be receiving bids on the $6.9 million financing to complete the funding for the Health Department building. Addition to and Withdrawal of Resolution(s) from the Agenda There were no resolutions(s) added to or withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Youth Services Board Bernice Yarosh — At -large representative; term expires December 31, 2011 Jane Powers - At -large representative; term expires December 31, 2011 Criminal Justice Advisory/Alternatives-to-Incarceration Board Julia P. Hughes — Assigned Counsel representative; term expires December 31, 2011 Public Information Advisory Board J.R. Clairborne- term expires December 31, 2010 27 January 20, 2009 Hillview Road Landfill Citizens Advisory Committee Brian B Eden — At -large representative; term expires December 31, 2012 Local Empire Zone Administration Board J.R. Clairborne- Zone resident representative; term expires December 31, 2011 Water Resources Council Roger Yonkin — Liaison to Environmental Management Council; term expires December 31, 2011 Planning Advisory Board John Spence — Housing representative; term expires December 31, 2011 Agricultural and Farmland Protection Board Bob Mazourek — Agribusiness representative; term expires December 31, 201 Jamie Baker — Farmer representative; term expires December 31, 2012 Rachel Crispell - Farmer representative; term expires December 31, 2012 Soil and Water Conservation District Ronald V. Updike — At -large representative; term expires December 31, 2011 Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 7 — ACCEPTANCE OF GRANT FROM COMMUNITY HEALTH FOUNDATION OF WESTERN AND CENTRAL NEW YORK — OFFICE FOR THE AGING MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging wishes to engage in a community planning effort on the training and retention of paraprofessionals involved in home and health care, and WHEREAS, this planning effort is necessary in order to address a shortage of health-care paraprofessionals, and WHEREAS, this grant will allow the Tompkins County Office for the Aging to lead such a community planning effort, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $20,000 from the Community Health Foundation of Western and Central New York, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6772.42770 Miscellaneous Revenue $20,000 APPROPRIATION: A.6772.5100049 Salary $16,320 A6772.54400 Program Expense $ 3,680 SEQR ACTION: TYPE I1-20 RESOLUTION NO. 8 — ACCEPTING UNITED WAY GRANT FOR FRESH SQUEEZED ORANGE JUICE GUIDE TO TEEN SERVICES AND ACTIVITIES — YOUTH SERVICES MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. 28 January 20, 2009 WHEREAS, the Tompkins County Youth Services Department is charged with maintaining an inventory of youth programs in the community and for sharing that information with youth, families, schools, and service providers, and WHEREAS, the Youth Services Department has periodically published the Fresh Squeezed Orange Juice Guide to Teen Services and Activities known as the "OJ Guide" for many years by using staff time and interns to gather information and grants to help publish the Guide, and WHEREAS the United Way of Tompkins County's Youth in Philanthropy group has awarded the Tompkins County Youth Services Department $4,000 to help with the hard copy and online publication of the OJ Guide in early 2009, now therefore be it RESOLVED, on recommendation of Health and Human Services Committee, That the grant be and hereby is accepted by Tompkins County, RESOLVED, further, That the Director of Finance be directed to adjust the revenue and appropriations of the 2009 Youth Services Department budget record as outlined below: FROM: 7020.42797 Other Local Government Contributions $4,000 TO: 7020.54330 Printing $4,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 9 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX REFUNDS AND CREDITS OF $2,500 AND UNDER MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present 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 2009. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 10 - URGING NEW YORK STATE TO MAKE PERMANENT AND EXPAND THE AUTHORITY OF THE INDUSTRIAL DEVELOPMENT AGENCY CIVIC FACILITY LEGISLATION 29 January 20, 2009 MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, since 1992, the Tompkins County Industrial Development Agency (IDA) has issued over $466 million in tax-exempt bonds to twenty-two projects, and this action has allowed twelve local not-for-profit employers to borrow money at lower interest rates for capital projects and refinancing existing debt, and WHEREAS, these projects have resulted in the construction of over one -million square feet of space, the creation of temporary construction jobs, and the creation of hundreds of permanent new jobs, and WHEREAS, many of the projects have also had a positive impact on the quality of life of the residents of Tompkins County, and WHEREAS, the local employers affected have included Ithaca Community Child Care Center, the Special Children's Center, Family & Children's Services, Kendal at Ithaca, Longview, George Junior Republic, Cayuga Medical Center, TC3 Foundation, Ithaca College, and Cornell University, and WHEREAS, the funds borrowed are not a financial obligation of the IDA or the County; they are the obligation of the employers, and WHEREAS, not-for-profit clients of the IDA have stated that the quick, efficient, and cost- effective issuance of their bonds, as provided by the local IDA, has helped their projects stay on time and within budget, and WHEREAS, in addition to assisting local employers lower the cost of borrowed capital and save time in completing major projects, the IDA's activity is a major source of fee revenue that, in turn, supports economic development in Tompkins County, and the clients themselves appreciate that the fees paid stay in the local community to support local economic development, and WHEREAS, other counties similarly depend on IDA revenue from not-for-profit clients for economic -development activities, and in the current economic crisis counties need all the tools possible to restart their local economies, and WHEREAS, the State law that allows the IDA to issue these tax-exempt bonds, commonly called "Civic Facility legislation", expired on January 31, 2008, and WHEREAS, both the State Assembly and Senate have introduced bills that would extend the Civic Facility legislation, and WHEREAS, one of the Assembly bills would add restrictions that would substantially restrict the IDA's ability to assist local not-for-profit employers, without regard for local economic conditions, and without requiring the New York State Dormitory Authority to comply with the same restrictions in issuing not-for-profit bonds, and the Senate bill would make permanent the legislation and allow IDAs to finance college dormitories without any limitation on the amount of the bonds issued, and WHEREAS, in order for local not-for-profit employers to determine whether proposed projects are financially viable, and because they make such decisions based on at least a two-year time frame, they need the Civic Facility legislation to be reenacted immediately, and WHEREAS, Tompkins County Area Development (TCAD), the administrator of the IDA, is already working with local not-for-profit employers that are considering projects that would be constructed in the next twenty-four months, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature urges the New York State legislature to make permanent and expand the authority of the Civic Facility Legislation, RESOLVED, further, That copies of this resolution be sent to Governor David Paterson, New York State Senators Malcolm Smith, James L. Seward, George H. Winner, Jr., and Michael F. Nozzolio, Assemblyman Sheldon Silver, and Assemblywoman Barbara S. Lifton. SEQR ACTION: TYPE II -20 RESOLUTION NO. 11 - BUDGET ADJUSTMENT — PLANNING 30 January 20, 2009 MOVED by Mr. Proto, 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 Planning, Development, and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Planning Revenue Acct Title Amt Approp Acct Title(s) CD8688.44959 Federal Aid $101,225 CD8688.54400 Program Expense CD8695.42411 CD Program Income $300,000 CD8695.54400 Program Expense CD8684.42411 CD Program Income(HO) $120,000 CD8684.54400 Program Expense CD8684.42411 CD Program Income(ED) $120,000 CD8684.54400 Program Expense Explanation: HO 8 State Grant Funds remaining; HO HUD Program Funds; State Program Income Funds Homeownership; State Program Income Funds Economic Development (RPM). SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met prior to the Legislature meeting this evening. He called attention to the resolution approved under the Consent Agenda accepting a grant from the Community Health Foundation. This grant is to do planning to help establish a spectrum for home health aides in order to provide more training locally. At the present time they have to travel outside of the County in order to receive training. Mr. Proto said the costs to the institutions that are sending these individuals are substantial and Ms. Holmes, Director of the Office for the Aging, is very happy to receive this. Mr. Proto said in the Governor's proposed budget, there is an item regarding home health aides and wanting to do away with the contracts that the County has with the agencies (Tompkins County has a contract with Family and Children's Service); this would result in the County having to hire several people in order to perform the duties that the current contract covers. The Committee will continue discussing this. RESOLUTION NO. 12 — APPROPRIATION FROM CONTINGENT FUND FOR ALTERNATIVES VENTURE FUND MOVED by Mr. Proto, seconded by Ms. Robertson. Mr. Proto said Patricia Carey, Department of Social Services Commissioner, thinks there may be a way to expand the reach of this program if part of the grant was administered through that Department. Ms. Kiefer asked how much the program cost in 2008. Mr. Graham, Community Relations Director for the Alternatives Federal Credit Union, said the grants that fell through totaled $47,500. He said the 2008 program cost was $60,000-$65,000. Although the program is expanding in 2009 he does not anticipate any significant increase in cost because the program is mainly volunteer driven. Mr. Graham said funding was not requested during the budget process because they had anticipated receiving grant funds. Mr. Shinagawa said the Budget and Capital Committee discussed these types of funding requests. In the future if any agency falls within the purview of the Human Services Coalition, the Coalition will conduct a review prior to a request being presented to the Budget and Capital Committee. If an agency does not fall under the purview of the Coalition it will be reviewed by County Administration prior to submittal to the Budget and Capital Committee. Mr. Koplinka-Loehr said he will not support the resolution because the policy is unclear as to whether the County will be the funder of first resort for these kinds of mid -year emergencies in the community. 31 January 20, 2009 A short roll call vote by members present resulted as follows: Ayes — 12, Noes — 1 (Legislator Koplinka-Loehr); Excused — 2 (Legislators Herrera and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Alternatives Venture Fund, a not-for-profit corporation affiliated with Alternatives Federal Credit Union, is set to begin the seventh season of its free Volunteer Income Tax Assistance (VITA) tax -preparation program, and WHEREAS, during the previous tax season, the VITA program served 1,200 Tompkins County households, leveraging over $32 for every $1 of program expense and bringing over $2 million dollars of State and Federal tax refunds into the County, and WHEREAS, this season, the VITA program is expanding to new tax -preparation sites in the Town of Dryden, Brooktondale, and Cornell University, and WHEREAS, the program expects to increase households served by 15 percent with a proportional increase in tax refunds returned to those households, and WHEREAS, VITA did not receive grants from two major funding sources this season due to an overwhelming request for funds, the Alternatives Venture Fund is reaching out to many sources within the community to support this program, and WHEREAS, VITA is extremely beneficial to its clients and the County as a whole, and WHEREAS, funds supporting VITA are returned to the community many times over, 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: A1990.54400 Contingent Fund $10,000 TO: 6305.54400 Alternatives Venture Fund $10,000 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 Facilities and Infrastructure Committee Ms. Kiefer, Member, reported the Committee met on January 15. It was a shortened meeting in order to allow members to attend the special Legislature meeting. She said Solid Waste staff was present to inform the Committee on recycling guidelines and will come back at a future meeting to discuss this is in more detail. Ms. Kiefer said the Committee learned that a hangar at the Airport that had belonged to the Ithaca Hangar Association is now the County's obligation to purchase because the initial agreement said that when the time came the County would purchase the hangar. She said the Committee was told the hangar will cost $200,000 and the hangar will be rented to the same tenants. She asked Mr. Wood to further explain this situation. Mr. Wood said it appears the Airport was interested in building hangars at the time of the agreement but because there was unlikely enough money to do so, an arrangement was made with a private company to build the hangar and the County would purchase it after 20 years. He said the Ithaca Hangar Association has been around for many years but for no purpose other than to own the hangar for those 20 years. He said it is clear the County is legally obligated to purchase the hangar. He stated the appraisal is fair and reasonable. Ms. Mackesey asked if the County has been collecting rent and paying for the maintenance of the hangar. Mr. Wood said the County has collected rent and maintenance done has been minimal Ms. Robertson pointed out that when we have "swapped" roads with other municipalities, we have usually brought them in to repair first. It seems unfair that this hangar has had minimal maintenance and now the County will have to incur these costs. Mr. Marx clarified that the rent paid was for a ground lease on the land that was occupied and they were responsible for maintenance. They are now paying a lot more rent because they are paying a hangar rent. Mr. Wood said he expects the 32 January 20, 2009 County to re -coop this cost after approximately seven years and could then see a profit from the arrangement. Mr. Shinagawa said a concern was raised by Budget and Capital Committee members that this was not brought forward during the budget process. County staff did not become aware of this until the budget process was almost complete. Mr. Proto said he served as Chairman of the Airport Development Committee at that time and he recalls the County was looking at constructing a new Airport Terminal but did not know where it would be located. At the time it seemed like a good opportunity because the County would be able to control its own property. Ms. Robertson said Legislators are concerned about the process on this issue. It seems they should have been informed when this first came up, rather than at the end of the process. Ms. Kiefer continued her report and stated the Committee authorized construction bids being sought on the Warren Road project and also authorized that bids be sought on the 55 Brown Road building reconstruction project. Mr. Proto said Mr. Sczesny, Highway Manager, had a legal notice in the newspaper last week regarding heavy truck traffic traveling over County roads. He asked what precipitated that notice. He said there has been a decrease in heavy truck traffic on Route 79 because they are now taking back roads. This is because the State has established a stop just as a truck enters Tompkins County. Mr. Proto asked what precipitated the legal notice. No answer was available; Mr. Marx will follow-up on this. RESOLUTION NO. 13 - AWARD OF BID - TOMPKINS COUNTY HEALTH DEPARTMENT BUILDING RENOVATION CAPITAL PROJECT MOVED by Mr. Randall, seconded by Ms. Chock. Mr. Randall said he has reservations about the electrical bid portion of this resolution because there was a difference in price between the first and second bidder of more than ten percent. While he has some concerns over that bid, Mr. Randall said he has confidence in Mr. Lemaro's management of the contract. Mr. Proto asked if any of these bidders would be hiring local contractors. Mr. Randall said he has been told efforts will be made by the contractors to employ local contractors. Ms. Chock was assured all four contractors have agreed to pay prevailing wages and provide apprenticeship opportunities and all will attempt to hire local labor. Mr. Lemaro said it is a requirement that these contractors pay a prevailing wage, regardless of being union or non-union. He said that is enforced by the State Labor Department and not the County. At least two of the contractors have sited that they will use local labor unions for the project. Ms. Kiefer spoke of the deconstruction contract and said the County had expected to meet the goal of 75% of the materials being recycled/reused but has learned that figure will be 95%. This is very good news and should add another point in the LEED rating for the building. The Health Depai intent Construction Committee has not met very regularly, but information has been presented to the Facilities and Infrastructure Committee when it becomes available. A roll call vote by members present resulted as follows: Ayes — 12, Noes — 1 (Legislator Proto), Excused — 2 (Legislators Herrera and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Health Department Building Renovation project, and WHEREAS, twenty-nine (29) bids were received for four (4) contracts bid and publicly opened and read on December 23, 2008, now therefore be it 33 January 20, 2009 RESOLVED, on recommendation of the Health Department Building Construction and the Facilities and Infrastructure Committees, That the base bid plus two (2) alternates for firelite glazing (GC - 3) and solid -surface lavatory stations (PC -4) be accepted and awarded to the qualified apparent low bidders as follows: General Work Contract William H. Lane, Inc. $1,795,000 Binghamton, NY Mechanical Contract Piccirilli-Slavik & Vincent Plumbing & Heating, Inc. $1,097,000 Binghamton, NY Electrical Contract Concord Electric Corp. $940,000 Rochester, NY Plumbing Contract Kimble, Inc. $390,300 Elmira, NY TOTAL $4,222,300 RESOLVED, further, That the County Administrator is hereby authorized to enter into contracts with each successful contractors 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 Public Safety Committee Mr. Stevenson, Chair, reported the Committee met prior to this meeting. The next meeting will be in February. Report from the Workforce Diversity and Inclusion Committee In Chair McBean-Clairborne's absence, Ms. Robertson, Member, reported she attended the December meeting. The Committee discussed goals for the coming year and ideas for usage of programs funds. She said they are looking forward to working with County Administration on the hiring of a project assistant. Report from the Human Resources Committee Mr. Dennis, Chair, reported there has been one negotiation session with the White Collar Union and a second meeting was held today with the Corrections Officers Union. At today's meeting proposals were exchanged; the next meeting will be scheduled in February or March. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met prior to this meeting. A number of items were approved under the Consent Agenda. RESOLUTION NO. 14 - TO AMEND RESOLUTION NO. 251 OF DECEMBER 18, 2007 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (Amended by Res. No. 6 of 2010) MOVED by Mr. Hattery, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. 34 January 20, 2009 WHEREAS, pursuant to Section 262 of the Tax Law, recording officers and treasurers are entitled to receive all their necessary expenses for purposes of administering mortgage taxes in their offices on approval and allowance by the New York State Tax Commission, and WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine that such mortgage -tax expenses be approved at the amount certified to the State Tax Commission by County Board of Representatives [Tompkins County Legislature] provided it is a reasonable and necessary allowance for such expenses, and WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the allowance for mortgage -tax expenses be increased from $152,483 per annum to $185,616 per annum, and WHEREAS, the Finance Director has conducted a cost analysis and has recommended that the allowance for the treasurer's expense for administering the mortgage tax be set at $15,000 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $185,616 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and assistants and other expenses to assist in the administration of the mortgage -recording tax in her office, and that the sum of $15,000 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Finance Director, to assist in the administration of the mortgage tax funds, and that said sum of $200,616 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Report from the Planning, Development and Environmental Quality Committee Ms. Robertson, reported the Committee met on January 8th. There was discussion of suggestions presented by Ms. Kiefer for the Program Oversight Committee for the housing program with Cornell and the City. The Committee discussed this at length and agreed to bring the comments to a meeting that was held last week with the City. She said the City and the County have been talking about the wording and the fine points of the Memorandum of Understanding and this was the first time all of the comments and suggestions from Cornell were reviewed jointly between the City and the County. Ms. Kiefer's suggestions were accepted; however additional time is needed to continue work on the comments received from Cornell. The Committee discussed the adjustments to the Homeownership Program and approved the Civic Facilities resolution that was on tonight's Consent Agenda. The remainder of the meeting was spent discussing Mr. Hattery's proposal for usage of Room Occupancy Tax funds. The Strategic Tourism Planning Board has expressed strong opposition to that proposal. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee met and discussed the Airport hangar issue that was reported on earlier. The Committee also discussed the funding request from Alternatives Federal Credit Union for the Tax Assistance Program. The next meeting will be January 26th Motion to Reconsider Election of Chair It was MOVED by Ms. Kiefer, seconded by Mr. Dennis, to reconsider the election of Legislature Chair. Mr. Sigler said he did not think the rules would allow for the reconsideration of an election. Mr. Wood was asked to provide guidance. Mr. Wood stated Robert's Rules state that once an election is final 35 January 20, 2009 it cannot be reconsidered but there is some debate of reconsideration of the Vice Chair position. However, a majority of this Legislature can vote to suspend those rules. Mr. Koplinka-Loehr ruled that based on the opinion of the County Attorney, the election of Chair is final. Ms. Kiefer said this is a charter County and the Charter we have taken from New York State Law those portions that we think should apply to the County and refers to Robert's Rules as a place to go when the Legislature Rules are silent about a process, but said there is nothing that requires this Legislature to follow Robert's Rules on election procedures. She said this Legislature could interpret the Rules as stating that reconsideration is possible on any motion. Therefore, Ms. Kiefer stated she disagrees with Mr. Wood's opinion and Mr. Koplinka-Loehr's ruling. Mr. Koplinka-Loehr referenced Legislature Rule XII — Rules of Order — "In any matter of procedure not governed by these rules, the Legislature shall be governed by Robert's Rules of Order." Ms. Kiefer disagreed and said she believes this Legislature is governed by its rules where it is silent. Due to it being late in the evening, Ms. Kiefer WITHDREW her motion. Ms. Robertson said she would like this to be brought up as soon as possible at a time when all Legislators can be present. She asked Ms. Covert to circulate a message to all Legislators, to see a time before February 3 when all could be present. She was surprised the Chair had not already asked for that. Mr. Koplinka-Loehr said a special meeting for the purpose of "Revisiting the Chair and Vice Chair" will be called prior to the February 3 Legislature meeting if a date can be identified where all members can be in attendance. Mr. Hattery said while some uncertainty may remain with regard to the Vice Chair position, he thinks any effort to revisit the election of Chair is out of order. He said by continuing to try to change the rules this Legislature further jeopardizes its credibility with the public. Approval of Minutes of December 16, 2008 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of December 16, 2008. MINUTES APPROVED. Approval of Minutes of January 6, 2009 It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to approve the minutes of January 6, 2009 with the changes submitted by Legislators Kiefer and Robertson. It was MOVED by Mr. Proto, seconded by Mr. Hattery, to Table action on the minutes indefinitely to allow time for review of the proposed changes by all Legislators. A voice vote on the motion to table resulted as follows: Ayes — 12, Noes — 1 (Legislator Burbank), Excused — 2 (Legislators Herrera and McBean-Clairborne). MOTION TO TABLE INDEFINITELY CARRIED. Recess Mr. Koplinka-Loehr declared recess from 8:02 p.m. to 8:07 p.m. Executive Session 36 January 20, 2009 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 8:07 p.m. to discuss a personnel matter. The meeting returned to open session at 8:18 p.m. Ad* ournment On motion the meeting adjourned at 8:18 p.m. 37 March 3, 2009 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 Communications Following the announcement that communications are on the desks, Mr. Koplinka-Loehr stated he would respond to the one communication from received Legislator Proto under the Chair's report. Privilege of the Floor by the Public Bruce Estes, Managing Editor of The Ithaca Journal, spoke of recent editorials. He stated rather than review the points made in the editorials he preferred to recall positive actions taken by the Tompkins County Legislature (Board of Representatives) in 1985, in which an amendment that would prevent closed meetings was requested. Mr. Estes called on Legislators to continue to do positive work and resolve to have all business conducted in open session. Moment of Silence Mr. Koplinka-Loehr asked for a moment of silence for former Assemblywoman and County Legislator Constance Cook, and former Dispatcher Dave Bush. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, addressed the issue of revote for Vice Chair and read the following statement: "In order to allow a complete revote on the 2009 Chair and Vice Chair of the Tompkins County Legislature, so that we can achieve a clear and definitive outcome and restore the public trust in the process by which we elect our leadership, I hereby submit my resignation as Vice Chair of the Tompkins County Legislature. I encourage my colleagues to accept this resignation, to be immediately effective at the moment of a valid acceptance vote on February 3, 2009." Ms. Robertson said she is eager that the Legislature move on with work that needs to be done and her candidacy for either position would be a distraction from the primary issues before the Legislature. She called on Mr. Koplinka-Loehr to resign as well to allow a vote on both positions and said she would not be considered a candidate. Mr. Koplinka-Loehr said a vote would be required on the resignation, which could occur following privilege of the floor for Legislators. He then indicated he would address her request later in the meeting. Ms. Herrera, District No. 5 Legislator, read the following statement: "Like the staff and public, I was startled and dismayed at what took place at the January 6th meeting of the Tompkins County Legislature. I protested on the record, did not recognize, and do not 38 March 3, 2009 recognize Martha Robertson as legitimate Vice Chair of this body. Events that have occurred since then have added to the sense of disenfranchisement many of us are experiencing here in Tompkins County. I offer tonight my perspective of how we got here, and how we can move forward. "I recognize that the actions of my colleagues are motivated by the desire to serve. I believe that what has occurred is due to good intentions that spun out of control giving the appearance of unethical, undemocratic behavior with the effect of disenfranchising the voters. "Since Martha Robertson, Dooley Kiefer, Jim Dennis, Nathan Shinagawa, and other members of this body saw fit at the previous meeting to attack our elected chair, I decided with some trepidation, to speak truth to power tonight. "For over two years now, I have repeatedly spoken here about transparency and process. Others preferred "flexibility" and "nimbleness" to transparency and open government, dismissing my concerns. I was not alone in repeatedly, and vehemently decrying the blatant practice of changing the rules in the middle of the process. There's a reason for having process—it's for fairness and equity. It was clear to me that these machinations were being undertaken to wrest advantage despite the lack of a legislative majority. "My father had sage advice on how to deal honorably with being outnumbered or outgunned. "Discretion is the better part of valor"—in essence it's better to delay action when facing certain defeat in order to prevail at a later, more advantageous time. And so I have held my own counsel, here publicly, when it was clear that my warnings about Legislative process problems were going unheeded. But our problems have multiplied and come to a head in this epic power struggle. Some history, briefly. "There are numerous recent examples of legislators bringing to this body "deals" and "proposals" that had been worked out in private meetings with the former county administrator, organizations, or department heads. These proposals have been brought forward with the endorsement and assurances of the sponsoring legislator. I objected then to these shortcuts in democratic process, and I object to them now. "In addition, there has been a growing tendency of certain Legislators to direct and devote staff energy to issues they had not been given Legislative authority to pursue. Some Legislators have undertaken issues and projects without notifying the appointed chair of the committee overseeing the related department. This is not only wasteful of taxpayer dollars and resources, it also disregards our committee structure and Legislative process. "That pattern of bypassing the Legislative process has only become more pronounced at recent meetings. Legislative process has been flexed, tortured, and bent to meet the needs of legislators determined to win power at any cost. This undermines representative government; the notion of one person, one vote. "For over two years now, I have not regularly attended meetings of my party's caucus, and have stated to all that my vote will not be and is not determined by the majority vote of caucus. My vote is my own. There's a reason for that, which is related to the extortion and bullying that we saw here at the Legislature on January 6. "I have found that some of my colleagues construe an agreement in principle as a promise. Our Legislature's now commonplace procedural maneuvering including the last minute additions and deletions of key elements, and subtle yet profound changes on the floor mean that legislation I may have supported in principle ultimately lacks the substance to win my vote. I am learning not to make agreements or promises because of the procedural gyrations that take place on the floor. "When a small group of legislators calls the Chairman of the Legislature outside the room in the middle of a meeting and dictates to him how to cast his vote, threatening him with removal of office if he does not capitulate to their demands, then later reports on the floor their action as justifiable, we are in danger of losing our morale center and have forgotten how to govern in a democracy. "Some legislators have felt justified in punishing colleagues who did not comply with the mandate of the caucus majority. Others attempted to pressure colleagues to state a position and make a promise of their vote. These elected representatives believe that public scolding and removal from office as punishment is an appropriate result for a legislator who "broke their promise". "I submit that a promise made under duress is not binding. I further submit to you all, that it is time to stop making agreements about votes in caucus. This practice has perverted our democratic process and threatens the core of our representative government. 39 March 3, 2009 "While I know that caucus serves a worthwhile purpose for us mostly longwinded and egotistical public servants (except for Tyke who is not longwinded), who need to practice our orations and learn how to condense them, I have come to believe that pledging a vote ahead of the floor vote ultimately leads the desperate, righteous, or unscrupulous to manipulate the process, and undermines democracy. "Let's do a simple math exercise. I don't have to be chair of the budget committee to understand how block voting can undermine the democracy of a Legislative body. With 15 members of a Legislative body, let's say that a majority of them, 11, meet together before meetings to discuss the issues. "Assume that this group had a majority vote to vote as a block, and insisted that the will of the majority would prevail, or "punishment" would result. "Assuming compliance with that mandate, any 6 members of this 11 could control the outcome of the 11 votes simply by voting as a block themselves. Furthermore, if this 6 -member group had a hard-core group of 4 who also chose to vote as a block, this core group of 4 could control the outcome. For that matter, assuming compliance to majority rules block voting, 3 unyielding individuals could assert, through agreement, intimidation or threats, their will on the 4, the 6, the 11, and the 15 elected representatives. "What this would mean is that the voters who elected representatives in good faith that their vote counted would be disenfranchised, and our representative government would be undermined. "That's why, once I figured out the perversion of power that was evolving for the past two years I would not be bound by a majority vote of my party caucus—it simply flies in the face of democracy and all the values of fairness and equity that I was raised to uphold. "Fortunately, for Tompkins County government there are at least two other strong-minded, fiscally conscious and independent members of my party caucus who routinely have preserved our County's representative government from the tyranny of a determined few. Like me, they have declined to defer to the majority, and instead have chosen to vote independently on each issue. "For the record, this is my opinion, two of my colleagues, Greg Stevenson, and Leslyn McBean- Clairborne, like me, were not present at the sub -group meeting that inappropriately began here on the floor of the Legislature at the January 6th meeting. Interestingly, I was not invited to this unofficial sub - caucus meeting, perhaps because I have been very clear in disapproving of the possible subversions of democratic process that could result from block voting, promises, deals, and agreements. "My disapproval of using or enforcing the majority rule practice in caucus is well known. Apparently, though, Dooley Kiefer and Martha Robertson, to name two of my colleagues who publicly excoriated the Chairman at last months' Legislature meeting, think it is appropriate to threaten and intimidate someone to obtain their vote, and to punish an elected representative who does not bend to their will. This belief and the actions that resulted from it were, to say the least, regrettable. "That Dooley Kiefer is the Legislative representative on the Ethics Committee is ironic, as I would have to bring an ethics charge inquiry to one of the Legislators about whose ethical conduct I have questions. "Here's two of the reasons I think we are in this pickle: "One reason is that my colleague Martha Robertson has again this year demonstrated her ambition to gain an Office of Chair or Vice Chair at any cost despite any obstacle. Thank you for stepping down ahead of the meeting with the condition that people resign first. "Another reason is a reaction to the bi-partisan support for lower tax rates. This is the reason we are in this pickle. This is seen by some as a repudiation of progressive values and a reason to attack Legislative process and leadership. "For several years now, with the leadership of Mike Koplinka-Loehr, a majority vote of Legislators, both Democrat and Republican, we have kept tax increases low. We have done that not with private meetings or illegal agreements, but with the understanding that staff and department heads would do their best to support us in keeping Tompkins County fiscally sound. And it has worked. It has been painful, but it has been effective. "How shall we move forward from here? I offer now, solutions, and suggestions on how to heal from our troubles and move forward effectively. "The regrettable and indefensible events of January 6th could be prevented by a return to our stated committee structure and process, transparent and inclusive Legislative procedures, and the 40 March 3, 2009 understanding that our legally -sanctioned caucuses are for the purposes of discussion, not for voting or decision-making. "Our party caucuses are not only allowed by law, they do serve a purpose when used correctly. Part of the reason that County Legislative committee meetings and Legislature meetings don't go on for two or three times as long, is that we get to talk about the issues beforehand. And we do love to talk. "Before closing I want to state that our legislature is made up of citizens who serve because we care passionately about the issues that are important to Tompkins County. With that in mind, I suggest we move forward from here understanding that we will treat one another with respect, and will work for the good of Tompkins County. "Later on tonight, I'll be asking for consideration of a resolution that could help preserve class and economic diversity on the Tompkins County Legislature. In the spirit of reform and cooperation, I hope that each of my colleagues will give thought to voting in support of the resolution. "Thank you for your time and attention." During the reading of Ms. Herrera's statement Ms. Robertson requested the record reflect there were no conditions placed on her resignation. During the reading of Ms. Herrera's statement Mr. Koplinka-Loehr cautioned her to "please keep your comments general, not personal", but allowed her to continue. Mr. Koplinka-Loehr reviewed the rules of decorum for the Legislative body and noted he would interrupt anyone not following the Rules of the Legislature. Mr. Stevenson, District No. 8 Legislator, thanked Mr. Koplinka-Loehr for his recognition of former colleagues. He spoke of knowing Dave Bush and the generosity shown by Mr. Bush outside of his County employment, including his effort with the Cops and Kids program. Mr. Dennis, District No. 15 Legislator, expressed his disagreement regarding Mr. Koplinka- Loehr's opinion of the statement read by Ms. Herrera. He believes the mention of individuals by name and accusations are not allowed in the Rules of the Legislature. Mr. Burbank, District No. 12 Legislator, spoke of Constance Cook, whom he knew as a public figure, Assemblywoman, member of the Republic Party, and a neighbor. He spoke of having moved into his neighborhood and how she welcomed his family and became good friends. He appreciated her contributions and the forward -thinking woman she was. Mr. Proto, District No. 7 Legislator, thanked Mr. Burbank for his comments regarding Ms. Cook, noting she was a woman interested in the community who was very open and willing to speak to anyone. He then spoke of the recent article appearing in The Ithaca Journal regarding Iberdrola's request to the Public Service Commission for an increase in rates. He noted he had expressed concern when Iberdrola purchased New York State Electric and Gas, particularly regarding maintenance and crew cutbacks. He would like to see a review of the self-evaluation on maintenance that had been part of the initial approval process and plans to keep abreast of the situation. Mr. Proto noted the proposed increase would be between a $200 to $300 annual increase per customer. Ms. Mackesey, District No. 1 Legislator, reported that Tompkins Consolidated Area Transit (TCAT) contracted with a consultant to study the infrastructure, busses, and routes to effectively use resources. As a result of the study, route changes have been recommended and TCAT plans on holding a series of public meetings in February to receive input. The schedule of the public meetings may be found at www.tcatbus.com site. In addition to some proposed route revisions the proposed fees will also be provided. Mrs. McBean-Clairborne, District No. 2 Legislator, shared what she referred to as "an incredible two weeks", beginning with the joint re -naming of State Street to include Martin Luther King, Jr. Street. 41 March 3, 2009 She also spoke of a new project being developed, a freedom walkway, and asked for input to assist in recognizing other notable individuals in the community. Mrs. McBean-Clairborne then shared her personal experience attending the Presidential Inauguration, saying she felt inspired, validated, and hopeful. She spoke of hoping to bring back comradeship and hope with her, transferring energy to all instead of hardship. Mrs. McBean-Clairborne said experiencing history, particularly black history, is a feeling she could not describe. At the ceremony individuals were hugging, jumping up and down, and braving weather. She spoke of the amazing break in the weather that happened when President Obama stood to take the oath, and how the cloud covered the sun as he left the area. She expressed appreciation to Congressman Hinchey for opening his offices to constituents to discuss areas of concern and share the excitement. Mrs. McBean-Clairborne reported the 60th Anniversary of the Youth Bureau was a wonderful event highlighted by Corey Booker, the youngest person of color in the position of Mayor of Newark, NJ, who provided an inspiring program, during which he spoke of his excitement to be in Tompkins County, Ithaca, and on Martin Luther King, Jr. Street. She then reported the US Airway magazine, available on all US Airway flights, has highlighted economic development in the Ithaca area. Although she was pleased with the overall articles, she was disappointed with the layout not accurately representing the area's diversity. Ms. Chock, District No. 3 Legislator, spoke of sharing a sense of hope at the national level. She also enjoyed the Booker lecture and wanted to point out the strong support in Newark for the arts; Mr. Booker has been credited with the revitalization of the arts and arts center in Newark. On the issue of caucus, she stated it has been a valuable tool that has assisted in selecting Obama as a Presidential candidate as well as having assisted in the positive areas of civil rights and women's rights by coming through local, state, and national caucus process. Ms. Chock appreciated Mr. Estes' comments and would hope that the newspaper would play a role to present a history of the many sides of the issue of caucus. Ms. Chock then spoke of how upsetting it is to have a crisis in leadership at the County level; one way to get through the problem was to have everyone in a leadership position resign and start over. She believes it would be the best way to resolve the issue and called upon the Legislature to do so. Mr. Burbank spoke of having attended the 60th Anniversary of Youth Services and agreed the speaker, Mayor Booker was an inspiration. The presentation was recorded and may be forthcoming on public access. If anyone is interested in learning more about Mr. Booker, there is a documentary entitled "Street Fights". Mr. Burbank would also like to bring spirit to the Legislative body and said the best way to do so is for Mr. Koplinka-Loehr to resign, providing a totally open process of choosing a leader. He hopes once leadership is determined the Legislature can come together and start working on the real issues facing us. Mr. Proto referred to Ms. Mackesey's announcement regarding the TCAT public meetings and emphasized the route changes recommended by the consultant are being reviewed and are not finalized The Board of Directors would meet next week to review the proposed changes. The public meetings, some scheduled at various times of the day, provide an opportunity to weigh in if riders wish to speak. He noted TCAT is particularly interested in the rural riders. Ms. Kiefer, District No. 10 Legislator, said it has been a long time since nuclear waste disposal has been on the agenda, and though Tompkins County was never targeted, storage of low-level nuclear waste was proposed in neighboring counties. Since 1984, the Nuclear Regulatory Commission (NRC) has allowed more high-level waste to be created, because they are confident a solution, in the form of at least one mined geological repository, would be found by 2007-2009. She noted it is now 2009 and there is not a repository, and the NRC has to revisit the 1984 decision. THE NRC has now issued an advisory that they are certain they would find a reasonable mined geological repository after fifty to sixty years within the life of operating plants. She is not assured or comfortable by this new NRC "findings" and 42 March 3, 2009 will be sending comments by the February 6, which is end of the comment period. For those desiring to comment, e-mail may be sent to rulemaking.comments@nrc.gov. Ms. Kiefer said if The Ithaca Journal were to publish articles that look at the history of caucuses, both pro and con, as Ms. Chock suggested, that would confine, instead of fanning the flames of controversy as has been done in recent editorials. She spoke of her membership with the League of Women voters for over fifty years, and their strong belief in open meetings. When she first attended caucuses she was uncomfortable, having the League's mind -set regarding caucus, however, experience has shown her caucus is a valuable tool that allows individuals to speak their minds and argue party priorities. She referenced Ms. Herrera's statement indicating caucus does save time during regular meetings and agreed with that. She stressed it is not making final decisions within a caucus but discussions of policy that is appropriate. Ms. Kiefer said annually choosing a leader is an appropriate item for discussion within caucus at any level, as was done during the recent Presidential election. Ms. Kiefer said she believes the cleanest, simplest, and most transparent manner to resolve the present leadership issue and to have a revote would be to accept resignations from both Mr. Koplinka- Loehr and Ms. Robertson. She said her vote in support of Mr. Koplinka-Loehr as Chair was conditional upon his support for Ms. Robertson as Vice Chair. Ms. Kiefer said that was the team leadership she supported and her support of Mr. Koplinka-Loehr as Chair ended when he broke his promise to support Ms. Robertson as Vice Char, and in effect disenfranchised her. Mr. Shinagawa, District No. 4 Legislator, spoke of caucus as a good way to sound things out and referred to several resolutions coming through this process. He reported on his attendance at the Chamber of Commerce meeting following the Youth Bureau event, during which the underlying theme was the need for diversity and inclusion. At that time there were comments regarding the positive public service announcements regarding class, race, and equity issues. He shared a profound statement made by Corey Booker regarding a tour of a neighborhood, "If only seeing what's wrong you only see problems; you need to see what's right." Mr. Shinagawa then spoke of the election for Chair and Vice Chair of the Legislature and supports any position or action that would allow a fresh, clean start to have definitive answers on the leadership. Mrs. McBean-Clairborne spoke of caucus, saying she wished the discussions occurring there would lessen discussions on the floor, however, they do not. She said most of her colleagues do speak on the floor, with a good deal of the decision-making occurring in the Legislative Chambers. Mr. Burbank requested Mr. Koplinka-Loehr voluntarily resign as Ms. Robertson had, providing the opportunity to have a new vote. He spoke of the two member -filed resolutions before the Legislature to provide this through parliamentary means and appealed to Mr. Koplinka-Loehr to submit to the will of the body and resign. Mr. Koplinka-Loehr indicated he would respond to the comments under the Chair's Report. Mr. Hattery said, for the record, that because several Legislators determined to speak and make the request for Mr. Koplinka-Loehr's resignation it is not the will of the body. At this time Mr. Koplinka-Loehr stated the discussions are a gift, indicating grace and courage with hard things shared with civility, decorum, and diplomacy, a testimony that when things are shaken, as it was by his error, we go back to the fundamentals. At this time, he indicated he would like to reorder the agenda and allow motions regarding Ms. Robertson's letter of resignation. Acceptance of Resignation It was MOVED by Mr. Shinagawa, seconded by Ms. Mackesey, to accept the resignation of Martha Robertson as Vice Chair of the Legislature. 43 March 3, 2009 Ms. Robertson requested that upon completion of this business the agenda be amended to move the member -filed resolutions forward. Ms. Herrera said as in her statement, she does not recognize Ms. Robertson as the duly elected Vice Char of the Legislature and believes it was improper; therefore, she cannot accept the resignation. Ms. Kiefer spoke to the substance of whether Ms. Robertson was Vice Chair, taking issue with Ms. Herrera's characterization of the matter. She reaffirmed her previous comments that Ms. Robertson was announced as Vice Chair. In addition, she stated going through the votes on January 6th it was initially a vote of 8 in favor, 7 opposed for Ms. Robertson; when voting for Mrs. McBean-Clairborne the vote was 8 in favor, 7 against. -Ms. Kiefer believes the last vote, which indicated Ms. Robertson was Vice Chair, was the correct vote; she is not comfortable accepting Ms. Robertson's resignation without Mr. Koplinka-Loehr also resigning as Chair. Mr. Koplinka-Loehr indicated if the matter is in dispute, the resignation tendered is one manner to clarify the dispute. Mr. Sigler asked for a ruling from the Chair regarding Vice Chair, noting his personal belief that Mrs. McBean-Clairborne holds the position. He stated that legal advice was sought regarding the matter with no response at this time. Although he does not recognize Ms. Robertson as Vice Chair, he would accept a resignation to move forward. Mr. Burbank feels there was an accurate vote and believes Ms. Robertson to be Vice Chair. He spoke of the situation and comments resulting due to the conflict regarding the position. It takes a great deal of courage to step up and take a leadership role, knowing it would mean criticism from time to time. Mr. Burbank thought Ms. Robertson could do the job of Vice Chair and like Ms. Kiefer thought they were voting for a leadership team. He hoped that it could be done beyond a procedural move to get to a new vote. Mr. Proto inquired what other opportunities or actions would be available to resolve the issue. Mr. Koplinka-Loehr said there are many options as previously noted by Mr. Wood on January 1 5th, however, the motion on accepting resignation is on the floor for discussion. Mr. Proto asked Mr. Wood whether accepting a resignation implies recognizing Ms. Robertson as the Vice Chair, and is it possible to abstain from the vote. Mr. Wood said he did not believe a Legislator could abstain. Although he understands that individuals have different opinions, accepting the resignation and re -voting would resolve the matter. Mr. Koplinka-Loehr reiterated that regardless of what side of the dispute, Ms. Robertson's resignation is one manner to resolve the issue. Ms. Robertson appreciated Ms. Kiefer's comments that it is unfortunate that there were not dual resignations. She recalled a civil rights movement slogan that said "if you want peace, work for justice". Although there is an abundance of hurt feelings she believes resignations of both positions is the fairest and easiest way to have resolution. Although Ms. Robertson does not desire to run, it would not keep Mr. Koplinka-Loehr from doing so. She spoke of the various comments on the January 21St WHCU podcast, during which Mr. Koplinka-Loehr spoke of stepping aside as Chair, as well as stating so on January 20th in the Legislature meeting. She called upon Mr. Koplinka-Loehr to do as he had spoken of in several earlier discussions and communications, namely each would resign and a new election be held. Mr. Sigler does not understand the need for the Legislature to formally accept the resignation. He agrees with Mr. Estes and believes caucus should be done away with and has a resolution to that effect he would present at a later date. He said his constituents are not being upset by caucus itself, but the implied "deal". Mr. Sigler said there is no indication of a leadership "team" in the County Charter and if it is the 44 March 3, 2009 desire of the Legislature to make it so it requires legislation; the sense this decision came through the Democratic caucus is what has individuals upset. Mr. Sigler said he believes Mr. Koplinka-Loehr has done everything required of him; he made a public error and has publicly apologized. Ms. Kiefer spoke of the ongoing discussions and asked if Mr. Koplinka-Loehr would comment on who he believes to be Vice Chair. Mr. Dennis said Mr. Sigler made a case for the revote and believes a revote of both Chair and Vice Chair positions is in order to clearly eliminate any sense of a "deal". Ms. Robertson asked Mr. Koplinka-Loehr what has changed since their conversations took place when he agreed with the decision by both to resign in an effort to resolve the issue. Mr. Koplinka-Loehr said it is his duty to serve all citizens for the public good after great thought and consideration he has concluded that the option of submitting his resignation is not in the best interest of this County at this time. A roll call vote on the motion to accept the resignation of Martha Robertson as Vice Chair of the Legislature for 2009 resulted as follows: Ayes — 11 (Legislators Burbank, Chock, Dennis, Hattery, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 3 (Legislators Kiefer, Proto, and Randall); Temporarily out of the Room — 1 (Legislator Herrera). RESIGNATION ACCEPTED. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey to change the order of the agenda and allow Ms. Kiefer's member -filed resolution to be considered. Mr. Koplinka-Loehr ruled it was the will of the body and amended the agenda to act on the following resolution: RESOLUTION NO. 15 — RESCISSION OF ELECTION OF CHAIR OF THE LEGISLATURE - 2009 MOVED by Ms. Kiefer, seconded by Mr. Burbank. Ms. Kiefer read the resolution, followed by Mr. Koplinka-Loehr specifying a reason to rescind an election is neglect of duty and mismanagement and he asked individuals to focus their discussion on those reasons. Ms. Herrera said she would not support the resolution. Mr. Sigler also said he will not support the resolution, stating to rescind an election should be for nefarious activity. He believes an error was made and does not believe it is appropriate to remove someone for that reason. Ms. Robertson referenced the section in Robert's Rules on rescission and believes a lack of confidence is enough reason to rescind the vote. Mr. Koplinka-Loehr read the passage referenced by Ms. Robertson. Mr. Burbank believes actions have not been nefarious, and need not have been but that taking action on the resolution is not the best manner to proceed. He would like to see Mr. Koplinka-Loehr resign to provide a new election. Ms. Chock believes it is permissible to use the resolution to provide the ability to revote and considers the Chair's not getting past the problems of the position of Vice Chair within the last month is neglect on duty. Without casting aspersions of his character, she will support the resolution if Mr. Koplinka-Loehr is unwilling to resign. 45 March 3, 2009 Mr. Dennis asked if the resolution submitted by Ms. Robertson entitled "Calling for a Revote for Legislature Chair and Vice Chair — 2009" requires suspension of the rules or a majority of those present to pass; Mr. Koplinka-Loehr indicated it is a majority vote. Mr. Koplinka-Loehr said he does not agree that his behavior since January 6th constitutes cause under misconduct, neglect of duty, or under any phrase in research. Within twenty-four hours of the January 6th meeting, following a review of the meeting tapes and discussions with the County Attorney, it was his assessment there was an improper action. A poll of legislators followed to determine when a special meeting could be held. A meeting was called and Mr. Shinagawa requested action not be taken at that meeting as he would not be present. Therefore, various options were presented. Many discussions followed on how to proceed. Mr. Koplinka-Loehr said that if process made him guilty of misconduct, he stood guilty as charged. However, he believes anyone could make the same mistake; this method could replace them at anytime. He hopes the Legislature does not support the resolution for that reason. Mr. Shinagawa asked if the resolution prevents the present Chair from running again and was informed it does not. Secondly, he asked what other options were available that would allow for a revote. Mr. Koplinka-Loehr said a suspension of the rules could be done which requires a two-thirds vote. Mr. Koplinka-Loehr noted the requirement of a two-thirds vote provides an outcome that is certain of the body's decision to depose from office an individual for cause. Mr. Burbank felt it would be appropriate for Mr. Koplinka-Loehr to run again if the resolution passed; stressing the adoption of the resolution would allow all Legislators an opportunity to revote for the position of Chair Ms. Kiefer said she brought the resolution forward as she did not see another way to revote on the Chair's position. She spoke of the statement she read on January 20th that indicated her loss of confidence was more than the question of the vote for Vice Chair, but a series of things occurring in 2008. Ms. Kiefer stated if the Legislature would agree to go into executive session, she would be willing share her concerns. She said her resolution was not brought forward solely on Mr. Koplinka-Loehr's vote at the January 6 meeting. Ms. Robertson said she recognized Legislators may be uncomfortable voting on a resolution such as the one before the Legislature, which is why she filed her resolution for consideration. It was MOVED by Ms. Robertson, seconded by Mr. Burbank, to table the resolution until Ms. Robertson's member -filed resolution entitled "Calling for a Revote for Legislature Chair and Vice Chair - 2009" was considered. Ms. Herrera said she would not support the motion. Mr. Koplinka-Loehr said he does not support the motion to table as he does not believe Ms. Robertson's resolution has the threshold of ability to act, rather only to rule to revisit an election, since it will require Suspension of the Rules. Mr. Burbank asked for Mr. Wood's opinion regarding Ms. Robertson's resolution relating to Suspension of the Rules. Mr. Wood agreed with Mr. Koplinka-Loehr, saying a resolution could then be reconsidered or rescinded but would require a two-thirds vote of the Legislature to support. Ms. Robertson noted what she is understanding from the ruling Mr. Wood provided is that ten votes would be required for her resolution to pass. A voice vote on the motion to table Ms. Kiefer's resolution until taking action on Ms. Robertson's member -filed resolution resulted as follows: Ayes — 3 (Legislators Kiefer, Robertson, and Shinagawa); Noes — 12. MOTION TO TABLE FAILED. 46 March 3, 2009 With regard to the original motion, if adopted, Mr. Koplinka-Loehr said he would be hesitant to consider running as Chair again as he does not believe a resolution such as this is in the best interest of the public due to the ability to easily dispose the leadership of the Legislature. Mr. Shinagawa expressed his opinion that he wants to revote on the Chair's position and believes a resignation from Mr. Koplinka-Loehr would be the best option and would show a lot of leadership. Mr. Hattery reminded the Legislature that it was clearly an 11-4 vote for Mr. Koplinka-Loehr as Chair with no dispute on record. The only reason this resolution is being presented is that a select group of the Democratic caucus determined not to abide by the legitimate vote of the Legislature. He said that since this group did not have the vote turn out as desired they are using any machination to get the result they want. Ms. Kiefer was surprised at Mr. Koplinka-Loehr's viewpoint of the rescission resolution, noting a great deal of thought went into the decision to bring it forward. She does not believe a group of officials would repeatedly use this mechanism to depose leaders and if there were a way other than the rescission resolution to provide for a revote she would do so. She then spoke of Mr. Hattery not understanding how this situation is the result of breaking a promise made, acknowledging he was not a part of the discussions; without that promise the 11-4 vote would never have occurred and it should be able to be amended. Mr. Koplinka-Loehr reiterated his opinion that the threshold of what is being considered for deposing a leader of this body has not been met. His actions for the last twelve years in the Legislature and the period of time he was Chair, including January 6th, do not rise to that level. He does not believe there is a valid reason to request a Chair to step aside from the position for the reasons stated. Mr. Koplinka-Loehr spoke of Ms. Kiefer bringing up an interpretation of people breaking word as one of several factors leading to the conclusion of misconduct or neglect of duty, and saying not the only factor. He said on January 6th and 15th he had broken a rule and stated how it occurred. On January 6 he received no less than seven phone calls from some Legislators, and one from a non -Legislator providing information on all three Vice Chair candidates; however, none of the information indicated was upheld at the time of the vote and he therefore made a mistake. He is willing to take the consequence of the vote tonight that he did make a mistake, and that he did not break his word. Ms. Herrera noted that Mr. Koplinka-Loehr's statement shows why it is not good to make a commitment prior to the Legislature meeting, things change. She expressed sympathy for Mr. Koplinka- Loehr, indicating he is not the only person who has made a mistake, others have as well. She believes the biggest failing is trying to pressure an individual for a vote. Ms. Herrera said she represents all of her constituents and believes it is not the Democratic caucus determining not to abide by a valid vote but some Legislators. She is not a member of that particular group. At this time Mr. Wood referenced the rule stating: "In the case of a vacancy in the office of the Chair of the Legislature, the Clerk of the Legislature shall call a meeting of the members of the Legislature upon like notice as provided above [48 hours], at which a successor shall be elected Chair who shall be a member of the Legislature." Mr. Wood stated that as the resolution calls for an immediate vote it would require a 2/3 vote to provide for the suspension of the rules. In response to Ms. Robertson's question regarding an amendment to the resolution to provide for the 48-hour notice instead of an immediate vote, Mr. Wood said that could be done. Ms. Robertson noted Mr. Koplinka-Loehr has strong support and she believes the honorable thing is to resign and be voted in if Legislators desire. 47 March 3, 2009 Mr. Shinagawa felt the January 6th vote was the result of a compromise, which was not followed through on. He would like to have a revote so that he feels his vote counted. He is supportive of the resolution as he would like a new election; he has a growing lack of confidence in the current leadership. Mr. Sigler spoke of the referenced compromise, asking what the compromise was as not everyone was involved. He will not support a revote as it was (1) a legal election, and (2) he is concerned there is a deal going on now, clearly people want a revote, and if Mr. Koplinka-Loehr and Ms. Robertson are not running there is someone else in mind. Mr. Proto agreed with Mr. Shinagawa's statement and stated others not involved with the discussions would like to understand what had occurred. Ms. Robertson said Ms. Kiefer's statement of January 20`h provided the information and said she is willing to discuss the matter with anyone. Ms. Robertson said she ran for the Chair position, which was closely divided. The idea of a leadership team was not a power-sharing agreement, rather as Vice Chair she would be consulted and she was looking forward to contributing. She was asked to become Vice Chair; she did not seek the position. Mr. Koplinka-Loehr spoke of how public errors provide the opportunity to return to fundamentals. He spoke of the Chief Justice having made an error on January 20`h, but was not deposed. In addition, eight years ago there was a contested election. He does not believe the resolution is appropriate but will follow it if successful. Mr. Wood said in the event Ms. Robertson's resolution passes, there would not be a Chair or Vice Chair of the Legislature. He said it might make sense to table the resolution and choose a Vice Chair. Ms. Kiefer said she believed there are other options; for example, each year a choice of Chair and Vice Chair is made, with another resolution indicating order of succession. Mr. Wood noted there is not a resolution of succession completed for 2009; it could raise a question of whether it is legitimate to follow the 2008 order. Mr. Proto referenced the procedure of the Clerk of the Legislature stepping in and conducting the meeting. Mr. Koplinka-Loehr expressed agreement with Mr. Wood with regard to laying the resolution on the table. Ms. Mackesey inquired if a temporary Chair could be elected. Mr. Wood stated there is a procedure to elect a Chair Pro -tem. It was MOVED by Mr. Proto, seconded by Mr. Stevenson, to table the Resolution until the completion of the regularly conducted business, including resolutions and reports. Ms. Kiefer was willing to do so with the exception of the County Administrator and Finance Director Reports. Ms. Robertson does not support tabling, noting she believed individuals in the audience were present for the discussion of the resolution. A voice vote on the motion to table the resolution until the completion of regular business resulted as follows: Ayes — 6 (Legislators Hattery, Herrera, Kiefer, Koplinka-Loehr, Proto, and Stevenson); Noes — 9 (Legislators Burbank, Chock, Dennis, Mackesey, McBean-Clairborne, Randall, Robertson, Shinagawa, and Sigler). MOTION TO TABLE FAILED. Ms. Herrera reminded individuals the decisions regarding the selection of Chair and Vice Chair is not the majority of Democrats, rather, it is the majority of the Legislature who makes the decision. She does not support the resolution. 48 March 3, 2009 Ms. Robertson suggested a recess take place to allow the Clerk of the Legislature and County Attorney to review the rules. Mr. Wood read the following from the Rules of the Legislature: "In the absence of the Chair and Vice Chair, the Clerk, within fifteen (15) minutes of the appointed hour shall call the Legislature to order and a Chair, pro tem, shall be elected from the members present to preside for such day only during the absence of the Chair and the Vice Chair." He said this is the rule he desired to review and has determined itis not intended for a situation such as the one before the Legislature. A roll call vote on the resolution 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 LOST. WHEREAS it is in the best interests of the Tompkins County Legislature and the governance of the county for legislators to have confidence in and trust of their elected legislative chair, now therefore be it RESOLVED, That, for reasons of mismanagement and other faults, the January 6, 2009, election of Chair of the Legislature be and hereby is rescinded, RESOLVED further, That a new election for Chair be held at the regularly scheduled legislative meeting on February 3, 2009, by reopening nominations and following standard procedures. SEQR ACTION: TYPE II -20 Election of a Vice Chair of the Legislature Mr. Koplinka-Loehr opened nominations for Vice Chair of the Legislature. Mr. Shinagawa nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mr. Burbank. Hearing no more nominations, it was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by vote by show of hands, to close nominations. Mr. Koplinka-Loehr stated for the record that it was not unknown that Mrs. McBean-Clairborne could be Chair of the Legislature, but due to remuneration it is not possible; if it were different circumstances she would certainly be able to do so. He spoke of his support for her as Vice Chair. Mr. Burbank shared Mr. Koplinka-Loehr's opinion and is hopeful the vote would be unanimous. Mrs. McBean-Clairborne made the following statement: "I actually do appreciate your nomination and vote, but it is a rough one at this point. I am still on "Cloud 9"! It comes at a point where I feel that we are so awfully divided that it doesn't feel like a comfortable place to be in. I am a pretty strong woman and you all bring me to tears with big words like "machination", that sound like surgery to me... and that is what it feels like now... like really hard surgery. "I had an opportunity today to sit with my husband and talk about this whole thing and say, "What do I really want to do?" It feels embarrassing, it feels troubling; we have business to do for this County; we have business to do for the people who elected us to represent them. I want to do that. I, or anyone else on this Legislature can do that whether we are Chair or Vice Chair of the Legislature. It doesn't take one of these positions for us to be able to do that. "Certainly there is some amount of pride that comes with holding one of the leadership positions of the Legislature. I appreciate the bipartisan support that I have gotten over the years. I appreciated the 49 March 3, 2009 opposition I have gotten in this room. Nothing, none of it even closely compares in terms of its emotional toll on how I feel right now. I want to serve this body regardless of what the position is; I want to serve the people of Tompkins County and I don't know that given what is going on now how comfortable I feel that I can actually do this and do it well. I appreciate your vote of confidence and I am going to appeal to all of you; I haven't said much to all of you on this Legislature floor since all this started; not a whole lot: (1) because I am part of the middle of it, my name is thrown around out there, and (2) because I couldn't think of anything that I could say that would bring more meaning to the work that we are supposed to do. I couldn't think of anything intelligent to say, "Just let's pull this together". I am going to take this opportunity to say what I want to say, and I apologize if people don't want to listen to me. "Any one of us in this Legislature could do any of these jobs. I think it is unfortunate that we have gotten to the point where trust is so eroded, and I am not pointing fingers in any one direction, but just all of us. I hear people talk about we can't trust Mike, I hear people talk about we can't trust you, we can't trust Martha, we can't trust Nathan, we can't any number of us. It has been so eroded that it is hurtful; it is very, very hurtful. How are we supposed to as a body make decisions in good faith to represent the needs of this County for the quality of life that they talk about in this magazine and elsewhere that we do when we can't sit around the table and trust each other. How are we supposed to do that? And this is not about separation of a unit of Republicans going to do their thing against Democrats, it's all of us. It is all of us and I feel really strange sitting here and accepting this nomination when I feel this way and I am going to hold that whatever the outcome is tonight that we can move past this. I don't care if we have to get in the boxing gym at GIAC and hash this out, we need to get this out from all of us. I have sat here and listened to folks ask Mike over and over again, Mike Koplinka-Loehr, that he is to move over, to concede, to resign, and this is not now, it is not just today and I want to say if we are going to do that on that end then we can do it on other ends as well. I would like to encourage us to flip this another way and think of what is another way that we can help move us forward. It may not be Mike's resignation, it may not be that, it may be that all of us who have issues may just have to suck it up and get to the point or put it out there with each other in our caucus or wherever, get over it and get on with the business. I wish I could be Chair of the Legislature — wish I had the wherewithal and means to be able to do that. I don't. This is a position the requires a lot of your time, full-time. I work a full time job. That's priority. So my appeal to you and the reason to appeal to you all tonight, my reason to appeal to you tonight as your Vice Chair nominee is for all of us to think of how else can we get past this. We can hold Mike's foot to the fire, if we don't like what is going on if Mike continues on as Chair, if we don't like what is going on, we can hold his foot to the fire, that is what we were elected to do. If you don't like what I am doing you can hold my foot to the fire, if I don't like what Pam is doing, I can hold her foot to the fire. We have that ability, we have that vote to be able to do that. So that's my appeal to you all. "I am sorry it is not the most profound speech you have heard from me but I am speaking on what comes from my gut right now. I am still on Cloud 9, and I am not yelling. I am still happy and I am still trying to channel good, positive energy that we can get to a point of healing and working together. Because it is not looking good to people sitting out here for two hours plus listening to us go round and round in circles about this." Mr. Shinagawa said he is thankful to be able to nominate Mrs. McBean-Clairborne to the position of Vice Chair, and as she stated it is an important step in healing this organization. He said Mrs. McBean-Clairborne is a mother, community organizer, a leader in the community, as well as a good Legislator. Ms. Robertson said she would love to get past the issues and honestly believes the best way is to vote on both Chair and Vice Chair. A voice vote on the nomination of Mrs. McBean-Clairborne for Vice Chair of the Legislature resulted as follows: Ayes — 15; Noes — 0. Mrs. McBean-Clairborne was elected Vice Chair of the Legislature. 50 March 3, 2009 Mrs. McBean-Clairborne thanked the members for their votes. Mr. Koplinka-Loehr stated the Legislature would return to the regular agenda. Recess Chair Koplinka-Loehr declared a recess at 8:00 p.m. The meeting reconvened at 8:05 p.m. Mr. Dennis was excused at this time (8:05 p.m.). Report from a Municipal Official No Municipal Official was present. Chair's Report Mr. Koplinka-Loehr reported the notice of communication from Mr. Proto received at this meeting would not be acted upon as a result of the actions taken previously. He then asked members to review information regarding Committee assignments and charges to the committees on desks and the Chair's appointments. Mr. Koplinka-Loehr read the following statement to the Legislature: Brief Message from the Legislature Chair regarding 2009 Committee Appointments "To my legislative colleagues, all Tompkins County employees and county residents: given a lengthening horizon of fiscal uncertainty and the mounting realities of human need facing all NY counties, governing in 2009 will undoubtedly be significantly more challenging than 2008, yet, thankfully, serving the public good in all that we do will continue to be our guiding principle. "Looking back, 2008 was a year of transition for our world, our nation, our state and our county. Our local transitions last year included welcoming a new county administrator, a new legislative chair, a new Director of Probation and a compilation of many dozens of examples of milestone achievements in county government across our community. In an effort to keep this message mercifully brief, I have appended over five -dozen highlights of Departmental successes, which are justifiable "Points of Pride" for citizens of the county who benefit from these enduring assets. We'll post them on our website for all residents to review, appreciate and celebrate. "In looking ahead, it is clear that despite 2009 starting with a very public internal challenge, it is our external challenges—based on worsening fiscal realities—that will require all of our collective resources to meet the growing needs of struggling community residents. Fortunately, Tompkins County is poised—as well as any county in New York State—to excel in our operations in meeting these very real human needs. Our department heads and managers are innovative, highly competent professionals and truly dedicated team -leaders in developing interdepartmental strategies to increase effective service delivery across all areas of our operations. Additionally, the signature trait of our entire workforce is their high commitment to public service as a calling and a privilege. And every member of this Legislature is deeply passionate about contributing our best to achieve the long-term public good of our constituents countywide. I thank each of you for guiding overall policy and priorities, incorporating the widest perspective we can gather to make the wisest decisions for all. "Thus, Tompkins County has the talent and skill sets to take advantage of every opportunity embedded in the present challenges to more professionally serve our citizens - while investing in effective strategies to better position us to meet the future needs of the public as they emerge. We are well prepared for the uncertainty ahead. "In 2009, Tompkins County will not play the blame game. While it's true that over 75 percent of all programs run by counties are mandated by higher levels of government (with more being considered, along with the possibility of unconscionable retroactive cuts in reimbursements) we have exceptional 51 March 3, 2009 local resources to meet every challenge with vision and common purpose. We have been visiting our federal and NYS representatives and we will keep up that educational full court press to our best advantage. But our best resources are local: the 100,000 people of this county who can and are facing this uncertain future together and will thrive because of that common purpose, not waiting for an outside savior. "To effectively mobilize our legislative and community resources, in your folders you'll find 2009 committee assignments with an accompanying hand-out that outlines 11 key areas that will require a great deal of our organizational attention in the year ahead. For brevity I will highlight just three: 1. maintaining community -wide economic security for all—taxpayers and those who rely on us for services alike; 2. demonstrating public value for every tax dollar through performance management tools, and 3. deepening partnerships with public and private stakeholders to ensure a vital quality of life for decades to come. [For example, the Tompkins County Council of Governments is developing a comprehensive intermunicipal employee health care program that will save local governments over $5 million – a payback of $20 for every NY state dollar invested to facilitate that partnership.] "To optimize our legislative focus I am appointing six 2009 legislative committees and one special committee, for the demands ahead. Nathan Shinagawa has become one of several champions for a performance management ethic infusing our continuous learning organization and thus I've asked him to chair the newly titled "Government Performance and Workforce Relations Committee" (a combination of the 2008 "Government Operations" and "Human Resources" Committees.) I've asked Jim Dennis, in chairing the "Budget, Capital, and Finance Committee," and Frank Proto in continuing to chair the Health and Human Services Committee, to assist the organization to best position itself for short- and long-term economic security for our community residents and organizations. While all committees will assess the partnership opportunities at hand that will become essential when facing our growing fiscal threats, the Planning, Development, and Environmental Quality Committee—to be chaired by Pam Mackesey; the Facilities and Infrastructure Committee—to be chaired again by Leslyn McBean-Clairborne; and the Public Safety Committee—to be chaired by Martha Robertson, will be ideally positioned to achieve common community -wide goals with the assistance of local institutional partners and many hundreds of volunteers serving on advisory boards. "Tompkins County is healthy, financially strong and resilient in our capacity to meet the economic and social environment threatening to overwhelm us. It is the people of this county – our county employees, leaders and legislators, and ultimately, YOU—community residents who are both our board of directors and those whom we serve—who are our strongest source of ingenuity, caring, and mutual support—and who allow us to be able to turn adversity into achievement. With so much important work before us, taking pride in the existing strength of our Tompkins County teamwork will inspire our hearts and minds for the demanding and ultimately satisfying tasks ahead. For we hold to a common purpose: improving our community in the present for the benefit of generations to come. "Thank you in advance for your service in 2009, on behalf all of the residents of Tompkins County." Chair's Appointments Tompkins County Area Development Board of Directors Martha Robertson Chamber of Commerce Michael Koplinka-Loehr Frank Proto, Alternate Extension Service (second seat is optional) Will Burbank Carol Chock, Alternate Local Advisory Board on Assessment Review (County Charter Article 4, Section 4.01) Caroline/Danby - Frank P. Proto Newfield/Enfield – Greg Stevenson Groton – Duane Randall Dryden – Michael Hattery/Martha Robertson 52 March 3, 2009 Ithaca - Dooley Kiefer/Michael Koplinka-Loehr Lansing - Michael Sigler/Dooley Kiefer Ulysses — James Dennis City of Ithaca — Nathan Shinagawa/Kathy Luz Herrera/Carol Chock Poet Laureate (Res. No. 335 of 2001) Jay Leeming (effective 2/3/09, Community Arts Partnership made recommendation) Workforce Diversity and Inclusion Committee (Bylaws Adopted by Res. No. 227 of 2006) Leslyn McBean-Clairborne, Chair Ethics Advisory Board (County Code Section 32-5) Dooley Kiefer, Chair Chair's Report — continued Mr. Koplinka-Loehr spoke of the Tompkins County Chamber Economic Summit to be held on February 5th. He expressed appreciation to the Administration and Planning Departments as well as Legislators who were involved in the Tompkins County Council of Governments meeting with Congressman Hinchey as he spoke about first-hand knowledge of the proposed stimulus package. Mr. Koplinka-Loehr announced several members would be attending the New York State Association of County Legislative Conference February 9th and should receive additional information that would be helpful over the next year. Mr. Proto inquired about succession during the period of attendance at the conference; Mrs. McBean-Clairborne would be available should the need arise. The Government Performance and Workforce Relations Committee would be reviewing the succession resolution in the near future. Report from the County Administrator Mr. Mareane reported Ms. Younger provided a training session on January 29th regarding Performance Evaluation Process for Direct -Report employees to members of the Legislature. It was a good session and additional dates would be set for those members unable to attend the session. The Shared Municipal Services Initiative Grant Health Benefits Consortium is moving along well. A governance agreement to guide the initiative is in the final draft form to take to the State Insurance Department to determine consistency with State Insurance Law. The consultants will be brought to the appropriate committees to brief members of the plan and perhaps have an abbreviated presentation at the Legislature. Mr. Mareane reported on Tompkins County Area Development's concern regarding the loss of ability to provide civic facilities financing, which was taken over by the New York State Dormitory Authority due to a lapse in the law allowing local Industrial Development Agencies (IDA) to do so. Tompkins County Area Development has experienced a significant loss of fee income to provide continuing economic development initiatives. Over the past several weeks discussions have taken place with Ms. Robertson, Ms. McPheeters of the Tompkins County Chamber, and Mr. Stamm of the Tompkins County Area Development, to attempt to have legislation passed in Albany to reauthorize civic facility financing through the local IDA. A plan is in place to generate lobby interest, with the hope to get this issue recognized at the State level. Ms. Kiefer asked that all members be kept informed. Ms. McPheeters will be working with other Chambers on the matter and he would be working with New York State Association of Counties, and Mr. Stamm would be working with State organizations. With regard to the Federal Stimulus Plan, a draft copy of projects thought to be eligible was provided to members. The bill has passed the house and it is believed it would be reconciled within the next several weeks. Once approved at the Federal level the funds would come down through the State to the municipalities. He stressed the importance of wanting to submit requests as soon as possible. Some funding would come through in a formula, with other funding being a competitive process. He stated the 53 March 3, 2009 decision on projects is laid out in the most relevant categories: transportation improvements, energy efficiency, renewable energy, broadband, green buses, etc., and are set up as projects ready in either 90 days, 180 days, or two years, which coincide with the State timeline. Any comments regarding the proposals should be sent to Administration as soon as possible. The Tompkins County Council of Governments (TCCOG) has spoken of presenting a unified proposal relating to stimulus. Ms. Robertson thanked Mr. Mareane, Mr. Marx, and Ms. Younger, for the efforts of putting together the information in an expeditious manner She noted the theme of the US Airway article was one of collaboration and cooperation in our county and the Tompkins County Council of Governments effort was a prime example. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires announced a significant achievement for the County in relation to the bond market, with the recent bonding issue bringing an interest rate under one percent, which has not been seen in New York for many years. He said initially, due to the unstable market, he had hoped for an interest rate of 1.09 percent; the actual rate of 0.73 percent represents a savings of $23,000 for the $6.5 million bonding issuance. Mr. Squires compared our rate to a comparable county, Livingston, who sold one-year bonds and received a 2.2 percent interest rate; had Tompkins County rate been the same it would be an additional $70,000 in interest. Mr. Squires indicated the market is still unstable, and it is unknown how the stimulus fund would work, there are some large investments that we could make, however, not on our own. It is hopeful that stimulus funding would be up front. Mr. Sigler asked if stimulus funding were received whether it could be used for something already completed and finance new projects at the low rate. Mr. Squires indicated it could not. Mr. Sigler congratulated Mr. Squires for having such a good interest rate. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be 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: Youth Services Board Debra Austic — Village of Trumansburg representative; term expires December 31, 2011 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: 54 March 3, 2009 RESOLUTION NO. 16 - AUTHORIZING FIVE-YEAR LEASE AGREEMENTS WITH THE AVISBUDGET GROUP AND BARRETT TRANSPORTATION SERVICES INC., D/B/A HERTZ RENTAL CARS — ITHACA TOMPKINS REGIONAL AIRPORT It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a Request for Proposals (RFP) was issued by the County Finance Department and was duly advertised on the Central New York purchasing website and was also sent to all major rental car companies, and WHEREAS, the AVISBUDGET GROUP and HERTZ indicated their interest in continuing to be tenants of the airport to provide a car rental service, and WHEREAS, no other rental car agencies expressed any interest in serving the airport at this time, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to sign agreements with the AVIS/BUDGET GROUP and BARRETT TRANSPORTATION SERVICES, INC., D/B/A HERTZ RENTAL CARS to conduct rental car businesses at the Ithaca Tompkins Regional Airport for the period January 1, 2009, until December 31, 2013. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. The next meeting would take place on February 25th Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee has not met. The 2009 Committee is anticipating to keep the same schedule as 2008. He is polling department heads to determine whether a special meeting should occur prior to the next Legislature meeting. Mr. Proto reported there would be a special meeting at 12:30 p.m. on February 9, at the Rice Conference Room to discuss the impact of the Governor's budget on health and human service agencies, particularly the health aspect. In addition, the Homeless and Housing Task Force Meeting on February 4th will focus on the "Impact of the Economic Downturn on Low-income Individuals and Families." Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met briefly prior to the Legislature meeting. The next meeting will be on February 19th RESOLUTION NO. 17 - AUTHORIZING AN INCREASE TO GROUND -TRANSPORTATION FEES — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Chock, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, Local Law No. 4 of 2002 — Rules and Regulations and Minimum Standards, Ithaca Tompkins Regional Airport — authorizes the Airport manager to assess and collect fees from ground - transportation providers who operate on airport property, and 55 March 3, 2009 WHEREAS, Federal case law has overwhelmingly upheld airports' rights to charge a fee to commercial ground -transportation providers for use and upkeep of airport facilities and the privilege of deriving business from said airport facilities, and WHEREAS, the airport wishes to increase the fees established by the County Legislature by Resolution No. 41 on March 2, 2004, to allow for five years of inflation, and WHEREAS, the airport conducted a 5 -week survey of ground -transportation usage during November and December 2008 to determine how the established fees should be applied, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That the increased Ground -Transportation Fees shown on "Attachment A" be approved for the period from January 1, 2009, until December 31, 2013, RESOLVED, further, That annual surveys be undertaken to ascertain the appropriate fees to be charged for courtesy vehicles, taxi cabs, and limousine services using airport property. SEQR ACTION: TYPE 1I-20 Attachment "A" Proposed Ground Transportation Fees - Jan. 1, 2009 through Dec. 31, 2013 Ground transportation fees for hotel courtesy vehicles and taxicabs, established by the Facilities and Infrastructure Committee in 2004, have remained unchanged for five years. This proposed fee schedule increases those fees to allow for inflation at the nominal rate of three percent (3%) per year for the past five years and keeps the revised fees static for the next five-year period. The proposed fee schedule is as follows: Courtesy Vehicles Estimated Number of Trips to the Airport Annually: Old Fee New Fee 0 - 600 $100 $115 601-1200 $200 $230 1201-1800 $300 $345 1801-2400 $400 $460 2401-3000 $500 $575 3001 Plus - Pro rata in increments of $100 (New $115) per every additional 600 trips. Taxi Fees Currently the fee is $0.11 per enplaned passenger. The increase would bring that fee up to $ 0.125 per enplaned passenger. Report from the Human Resources Committee Mrs. McBean-Clairborne, Vice Chair, said there was no report. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met prior to the last Legislature meeting to act on the resolution presented, which is a continuance of previous resolutions providing pay differentials while in military service. RESOLUTION NO. 18 - AUTHORIZING TOMPKINS COUNTY TO PAY THE DIFFERENCE IN PAY BETWEEN MILITARY PAY AND BASE COUNTY SALARY TO COUNTY OFFICERS AND EMPLOYEES WHILE PERFORMING ORDERED MILITARY DUTY MOVED by Mr. Hattery, seconded by Mrs. McBean-Clairborne. Ms. Kiefer stated she requested the previous resolutions be provided, indicating they were a result of individuals called up for active 56 March 3, 2009 military duty following 9-11. She believes the intent was to cover individuals in hazardous war -zone action. She did not support the resolution for that reason and wanted to state she supports the concept but not an across-the-board pay for any military. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to amend the first "Resolved" to read: "RESOLVED, on recommendation of the Government Operations, and the Budget and Capital Committees, That effective January 1, 2009, through December 31, 2009, the Tompkins County General Fund will pay the difference between base County salary and military pay for up to 90 work days per calendar year, when the employee is called to active military duty in a conflict zone. If military pay is equal to or in excess of County base salary, no payment will be made," Mr. Hattery said it was discussed in committee and one argument made was that due to the extenuating pressure on military personnel, that although presently it would cover County employees on active duty, he would not want to exclude employees due to the nature of military conflict. Mr. Burbank inquired how many employees are covered and an estimated cost. He was informed that an average of two employees per year at an annual cost of $13,000. Mrs. McBean-Clairborne appreciated the thought behind Ms. Kiefer's amendment, but would not support the amendment; regardless of where the active duty is, it is military service. Ms. Mackesey agreed that staff performing required military duty should be covered; it is not a large sum and under the circumstances she would be supportive of the original resolution. Mr. Proto spoke of individuals on active military duty may not be in a conflict zone that could still be hazardous. He would not support the amendment but asked that it be reviewed annually. A voice vote on the amendment resulted as follows: Ayes - 4 (Legislators Burbank, Kiefer, Koplinka-Loehr, and Randall); Noes — 10; Excused — 1 (Legislator Dennis). AMENDMENT FAILED. A voice vote on the original resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, the New York State Military Law provides certain rights to public officers and employees absent on military duty as members of Reserve Forces or Reserve components of the Armed Forces of the United States, and WHEREAS, County officers and employees on authorized military leave are entitled to all the rights and privileges set forth in said Military Law, and WHEREAS, despite the rights and benefits afforded by said Military Law, calls to active duty often impose financial hardship on those summoned and their dependents, and WHEREAS, by Resolution No. 313 of 2002, Resolution No. 231 of 2004, and Resolution No. 126 of 2007, this Tompkins County Legislature authorized the payment of supplemental benefits to County officers and employees called to serve their country following the September 11, 2001, attacks on the United States through December 31, 2008, and more recent decisions by the Federal Executive, and WHEREAS, there may be renewed need for activation of military personnel, now therefore be it RESOLVED, on recommendation of the Government Operations, and the Budget and Capital Committees, That effective January 1, 2009, through December 31, 2009, the Tompkins County General Fund will pay the difference between base County salary and military pay for up to 90 work days per calendar year, when the employee is called to active military duty. If military pay is equal to or in excess of County base salary, no payment will be made, RESOLVED, further, That the Director of Finance will establish and notify Department Heads and affected employees of the procedures by which the differential shall be paid. SEQR ACTION: TYPE 1I-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, did not have a report. She wished Ms. Mackesey well as Chair of the 2009 Committee. 57 March 3, 2009 Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee met January 26th, with the presentation regarding room tax postponed until the next meeting. He expressed appreciation for the work done and was pleased with the collaborative process occurring. Mr. Shinagawa is proud to be chosen as Chair for the Government Performance and Workforce Relations Committee. Report from Public Safety Committee Mr. Stevenson, Chair, reported the Committee has not met since the last Legislature meeting. Member -Filed Resolution(s) (continued) RESOLUTION NO. 19 - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2010 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne. Mr. Hattery questioned why the resolution was brought to the floor as the matter had been under consideration with two different drafts at the committee level. He said although there are differences of opinions regarding the matter it would be better to work through the committee process. Ms. Herrera explained her reason, noting it is appropriate as it had been delayed in committee and she believes the salary should be established long before the election process. Ms. Mackesey expressed her appreciation that the issue was brought forward. She spoke of her proposal to substitute the resolution and said it is different in that it speaks of the financial difficulties Tompkins County is facing and does not increase salaries for 2010, with the subsequent three years having increases. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and another self- monitoring study in 2006 determined that a Legislator's position qualified as being fulltime, and WHEREAS, New York State now requires a minimum of 30 hours per week to be worked by elected officials in order to qualify for fulltime New York State Retirement credit, and WHEREAS, it is reasonable (and allows broad representation from citizens from all backgrounds) to allow a person to be able to serve as an elected Tompkins County Legislator and also hold a half-time job, and WHEREAS, the most recently determined "living wage" (April 23, 2007) for a single fulltime wage earner in Tompkins County, as determined by Alternatives Federal Credit Union, is $20,450, and WHEREAS, an annual Cost of Living Adjustment (COLA) for County Representatives is a reasonable way to recognize this time commitment, and WHEREAS, inflation for 2005-2007 averaged 3.5% (small cities index) and the social security COLA for 2009 is 5.8%, and WHEREAS, the average legislative salaries in 2008 in twelve relevant chartered counties with County Executives (theoretically less demands on legislators than with an appointed County Administrator) was $25,055 per year, and WHEREAS, the January 1, 2009, through December 31, 2009, Legislative salary is set at $18,700, now therefore be it 58 March 3, 2009 RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $19,450 January 1, 2011 -December 31, 2011: $20,200 January 1, 2012 -December 31, 2012: $20,950 January 1, 2013 -December 31, 2013: $21,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 It was MOVED by Ms. Mackesey, seconded by Ms. Robertson, to substitute the above resolution with the following in an effort to acknowledge the difficult times and take a positive step as a Legislature. Mr. Proto expressed his appreciation for the work done regarding the resolution, however, from Mr. Squires reports the County is not in the same fiscal situation as other counties. He does not believe the wording reflects the County's fiscal situation accurately. It may be more appropriate to say we are sensitive to our residents having financial difficulties. It is early in the year and the County can only speculate financial situations, coupled with not knowing what the Governor's budget and Federal stimulus package may offer or how funds would be handled. Mr. Proto suggested the matter be postponed until June when it may be better known what the financial situation for the County may be. Mr. Burbank appreciated the effort and noted the County is bound to set salaries in a particular time frame. He is supportive of no increase in 2010 and agrees with Mr. Proto to delay action and allow the newly formed Government Performance and Workforce Relations Committee review the matter, as well as allowing more time to determine the financial situations. Mr. Koplinka-Loehr believes it is timely to act upon the resolution now since individuals may be announcing the intent to run between now and May; he does not believe it is appropriate for potential candidates to vote on their potential salaries. The public would be served better by determining the salaries now. He supports an increase in salaries, stating a need to keep up with inflation. Mr. Hattery said the proposed resolutions are two different drafts with different logic. It was MOVED by Mr. Hattery, seconded by Mr. Burbank, to send both draft resolutions to the Government Performance and Workforce Relations Committee. Ms. Herrera is glad to have the discussion and she appreciates the substitute being offered to provide different reasoning. She prefers her resolution and would not support the substitution. Mr. Stevenson said the matter has been to committee several times in 2008; while he doesn't disagree with sending matters to committee he would not support the motion. Ms. Kiefer said the new Government Performance and Workforce Relations Committee has a different membership and this could be reviewed there. She believes the new committee could produce a resolution to come forward by March or April, providing enough time for local election activity to begin. Mr. Hattery noted neither resolution would make a substantial difference in the amount of salary for a Legislator. Ms. Chock asked that the matter come back to the full Legislature within a short period if referred to Committee. 59 March 3, 2009 A vote on the motion to send both resolutions back to the Government Performance and Workforce Relations Committee for consideration resulted as follows: Ayes — 7 (Legislators Burbank, Hattery, Kiefer, Koplinka-Loehr, Mackesey, Proto, and Sigler); Noes — 7 (Legislators Chock, Herrera, McBean-Clairborne, Randall, Robertson, Shinagawa, and Stevenson); Excused — 1 (Legislator Dennis). MOTION FAILED. Ms. Herrera encouraged her colleagues to discuss the Legislator salary, noting when the salary is more appropriate as the study referenced in her resolution indicated, with a monthly time commitment of 30 hours per week, qualifying the position as a full-time position, her resolution has a more appropriate wage. The higher amount assists in preventing self-selection of Legislators and also encouraging diversity and inclusion that makes for true representation. Ms. Mackesey stated she considers Mr. Proto's suggestion earlier in the discussion concerning being sensitive to our residents having financial difficulties as being friendly and agreed to add it to the resolution. Ms. Kiefer said if the resolutions were sent back to Committee the two proposals could be incorporated into one resolution. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and WHEREAS, since the financial difficulties currently being experienced by many Tompkins County residents requiring sacrifice by us all, the Tompkins County Legislature will receive a 0% increase in 2010, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $19,200 January 1, 2012 -December 31, 2012: $19,700 January 1, 2013 -December 31, 2013: $20,200 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010 shall be one and one-half the salary of a Legislator not serving as Chairman, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to use the first eight Whereas paragraphs from Ms. Herrera's resolution and add the last Whereas paragraph from Ms. Mackesey's resolution offered, amending it to read "WHEREAS, since the financial difficulties currently being experienced by the national and global financial crisis being experienced require sacrifice by us all, the Tompkins County Legislature will receive a 0% increase in 2010, now therefore be it"; followed by the three Resolved paragraphs from Ms. Mackesey's resolution. It was MOVED by Ms. Chock, seconded by Mr. Hattery, to reconsider sending the matter back to Committee. A voice vote on the motion to reconsider resulted as follows: Ayes — 11; Noes — 3 (Legislators Herrera, Shinagawa, and Sigler); Excused — 1 (Legislator Dennis). MOTION CARRIED. 60 March 3, 2009 A voice vote on the motion to send the resolutions to the Government Performance and Workforce Relations Committee resulted as follows: Ayes — 10; Noes — 4 (Legislators Herrera, McBean- Clairborne, Mackesey, and Shinagawa); Excused — 1 (Legislator Dennis). MOTION CARRIED. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and another self- monitoring study in 2006 determined that a Legislator's position qualified as being fulltime, and WHEREAS, New York State now requires a minimum of 30 hours per week to be worked by elected officials in order to qualify for fulltime New York State Retirement credit, and WHEREAS, it is reasonable (and allows broad representation from citizens from all backgrounds) to allow a person to be able to serve as an elected Tompkins County Legislator and also hold a half-time job, and WHEREAS, the most recently determined "living wage" (April 23, 2007) for a single fulltime wage earner in Tompkins County, as determined by Alternatives Federal Credit Union, is $20,450, and WHEREAS, an annual Cost of Living Adjustment (COLA) for County Representatives is a reasonable way to recognize this time commitment, and WHEREAS, inflation for 2005-2007 averaged 3.5% (small cities index) and the social security COLA for 2009 is 5.8%, and WHEREAS, since the financial difficulties currently being experienced by the national and global financial crisis being experienced require sacrifice by us all, the Tompkins County Legislature will receive a 0% increase in 2010, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $19,200 January 1, 2012 -December 31, 2012: $19,700 January 1, 2013 -December 31, 2013: $20,200 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. - CALLING FOR A REVOTE FOR LEGISLATURE CHAIR AND VICE CHAIR - 2009 It was MOVED by Ms. Robertson, seconded by Ms. Chock. Ms. Robertson asked for clarification regarding the previous discussion of the resolution and noted Mr. Dennis was excused earlier. Mr. Koplinka-Loehr stated it would require ten votes (2/3 of the Legislature), versus a majority of eight to fulfill the action. Mr. Wood began to clarify the need to wait 48 hours. At this time Ms. Robertson withdrew her motion. RESOLUTION WITHDRAWN. WHEREAS, it is in the interests of the Tompkins County Legislature, the county government, and the residents of Tompkins County to have legislative leaders chosen by a majority vote uncluttered by confusion and error, now therefore be it 61 March 3, 2009 RESOLVED, That the Tompkins County Legislature shall hold new elections at its regular meeting on February 3, 2009, for Chair and then for Vice Chair, RESOLVED, further, That the officers chosen through those elections shall take office immediately. SEQR ACTION: TYPE I1-20 Approval of Minutes It was MOVED by Ms. Robertson, seconded by Mr. Burbank, to approve the minutes of January 15 and 20, 2009, as amended. A voice vote resulted as follows: Ayes — 12; Noes — 2 (Legislators Herrera and Proto); Excused — 1 (Legislator Dennis). MINUTES APPROVED. It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to lift from the table the minutes of January 6, 2009. A voice vote on the motion to lift from the table resulted as follows: Ayes — 12; Noes — 2 (Legislators Herrera and Proto); Excused — 1 (Legislator Dennis). MINUTES LIFTED FROM THE TABLE. A voice vote on the minutes of January 6, 2009, as amended, resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Herrera, Koplinka-Loehr, and Proto); Excused — 1 (Legislator Dennis). MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 9:22 p.m. 62 February 17, 2009 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: 2 (Legislators Hattery and Stevenson). Moment of Silence in Memory of Ed Conley Mr. Koplinka-Loehr asked those present to observe a moment of silence in memory of Ed Conley, a former Ithaca Town Board Member, City of Ithaca Mayor, and member of the Board of Representatives, who recently passed away. Privilege of the Floor by the Public Joel Harlin, Newfield resident, spoke of the proposed Governor's budget and spoke of the effects the budget will have on the under -privileged segment of the population. He asked that Legislators get to know the poor or disabled individuals in the County, including those who live on the Street. He suggested Legislators visit the Friendship Center and get familiar with lives of the individuals that are served by the Center. Bethany Schroeder, Ithaca Health Alliance and its project, the Ithaca Free Clinic representative, read the following statement: "The Health Alliance was established in 1997 in an effort to meet the needs of people, typically working people, without insurance options. In most cases, these people were unable to afford the purchase of health insurance on their own, and their employers didn't offer insurance to them as a benefit of employment. Although the grants and loans benefit offered by the Health Alliance is modest, it is affordable at $100/year, and many of the Alliance's original members remain members. "In 2006, the Health Alliance members, in collaboration with a group of community healthcare providers and workers, opened the Free Clinic where people have since been able to get care at no cost whatsoever. In the first year of operation, we anticipated completing 350 visits. Instead, we completed 850. In 2007, we completed 1,880, and this year we have just completed 2,091 patient visits. The Clinic serves new patients, and it also provides primary care for approximately 1,600 patients annually. As we find volunteers to meet the needs, we expand care, and we now offer a variety of conventional medical and complimentary services. "Some pundits maintain that the economy has been in decline for the past several months to a year. According to our clinic visitors, the economy has been one of the primary sources of their suffering for several years, and the affects become more and more intolerable. Many recent patients and their families come to us because they have lost employee and family benefits on the job or, worse they have lost their jobs altogether and have not yet completed documentation for Medicaid. Many of these people are hungry; some are without permanent shelter. Nearly 90 percent of our Free Clinic visitors earn less than 50 percent of the Household Adjusted Median Family Income. More than 63 percent of our visitors live in Ithaca proper. Seventy-two percent are between the ages of 20 and 50, thus, these are people in the prime of their lives, often without gainful employment, without insurance, sometimes without hope. We must do more for these people, and I ask you to represent them in finding relief for them and their families." 63 February 17, 2009 Poet Laureate Jay Leeming, 2009 Poet Laureate, read the following two poems: At the Falls The river loud and roaring today, the waterfall a thunderstorm that never moves. Clouds of spray rinse fallen sycamore leaves for hours. Years ago an abandoned millhouse was swept away by this river in flood, swallowed whole, carried downstream and thrown over the falls' high edge. Miraculous how that building was once a blueprint spread out on a desk, was once lines on paper and pine trees rooted in earth; trees felled and then cut into planks pounded together nail by nail. Carpenters sweated to cut those boards, worked to build the frame tight so the mill would stand through years of hard storms and winter wind. But the river had its own work to do, its own craft of roaring and taking. Here in the rip -saw crash of this water I feel the grip of larger pattern, how all things are shattered out of themselves, broken and gathered up; how one day rain was added to rain until that whole ruined house came showering out of the air. History It turns out that the first white man in North America wasn't Columbus, it was a Viking from Kongsberg who left his mark on a gravestone in Nova Scotia, and that even he was preceded by a Basque from Santiago who sailed here in 1184. It turns out the Aztecs made it across the Atlantic in 500 B.C., landing in England to worship Quetzalcoatl in the rain -shrouded moors of Devon. It turns out things are different, surprising, 64 February 17, 2009 not like you thought; the Laplanders of Norway were in North Dakota in the year 204, bringing with them a gospel written in Sanskrit by Christ's twin sister; Zulu tribesmen voyaged to the North Pole long before the last ice age, they brought with them abacuses and bells made of stone, also small machines remarkably similar to lasers. It turns out that the Declaration of Independence was originally written in Celtic by Duke Ellington and Mao Tse -Tung, then translated into English by the druids of Mexico; the atlas shredded, usual wisdom flummoxed, Muddy Waters is the secret author of the Tao -Te Ching, Emily Dickinson the first translator of the Egyptian Book of the Dead, the Boston Tea Party started by Confucius, the assassination of Kennedy accomplished by Merlyn, the hydrogen bomb invented by the Mayans of Germany. And whose story is it you're going to believe, and what dream of fact is this from which you have yet to awake, and where do you come from 0 thread in history's rug, 0 waterdrop far from the sea, 0 man or woman kept and caught, imprisoned in a story written by others, wandering through someone else's dream of the world? Privilege of the Floor by the Public (continued) Dammi Herath, Executive Director for the Women's Opportunity Center, said over the past 20 years the Displaced Homemakers Program and the Bridges Program has been brought over $600,000 in state and federal funds into the community to help individuals who have lost their jobs. Presently, there are 22 displaced homemaker programs in the State. These programs prepare women to begin working and achieving economic self-sufficiency. There are 17 of the Bridges Programs; these programs provide educational and workforce training programs and services for the economically and academically underserved residents of the State. She said the Displaced Homemaker Program is not included in the Governor's current budget proposal and there is less than $2 million in the budget for the Bridges Program. She spoke of the increase in the number of individuals coming to the Center for assistance and said there are many residents of this County who have been impacted by the downturn in the economy. Ms. Herath said she has made contact with the Governor's Office and will let Legislators know if she needs any letters of support to be written. Bob Ritter, Cancer Resource Center of the Finger Lakes in Ithaca, spoke of how the economic downturn has impacted the Center's clients. He said people without insurance will often delay care or preventive screenings. He also believes that as more people lose their jobs, the waiting time at the Depai talent of Social Services will increase. There are also many people who make too much to qualify for public assistance but do not make enough to pay for their care. Mr. Ritter distributed copies of a resource guide outlining cancer support services for people in Tompkins County. Privilege of the Floor by Legislators 65 February 17, 2009 Jim Dennis, District No. 15 Legislator, recalled Ed Conley when he was Mayor of the City of Ithaca. For a person who was not formally educated beyond high school, Mr. Conley was able to get good people to share their knowledge for the benefit of the City of Ithaca. Pam Mackesey, District No. 1 Legislator, thanked those who spoke earlier to alert the Legislature of the impacts on residents as a result of the current economic situation. She said she has distributed a copy of the 2009 Transit Development Plan to all Legislators and noted these are the TCAT route changes that have been developed over a long period of time by TCAT with assistance from a consultant. Over 250 people attended a series of six meetings that resulted in many suggestions and some changes being made to the Plan. Ms. Mackesey said TCAT will continue to accept comments from the public and urged Legislators to speak with their constituents about the proposed changes. Ms. Robertson, District No. 13 Legislator, also thanked the public who spoke this evening and said it is important to hear directly from agencies and clients about the impacts of fiscal cuts. She informed Ms. Mackesey of an error contained in the Transit Development Plan concerning Route No. 43; and stated she is very pleased that TCAT is willing to continue hearing input from the public. Ms. Robertson reported on a news article that appeared on February 12th concerning a gas and water case that was scrutinized in Pennsylvania. The article reported on Marcellus Shale drilling and a water well explosion on January 1st. She said tests have traced gas as causing the problem to the Devonian Formation, which includes the Marcellus Shale. They are pretty sure that this is gas that came up from the pipes from the Marcellus drilling and they are intensively testing nine wells in the vicinity of the explosion, but the owners of those homes are not able to use their water. Ms. Robertson said she hopes the New York State Department of Environmental Conservation is watching this carefully. Mr. Proto, District No. 7 Legislator, reported Time Warner Cable has a list of contracts that are expiring; information including a list of stations, appeared in the February 13 legal notices. Mr. Proto also reported the price of a barrel of oil is now under $40, however, the price at the pump has gone up. He urged the public to start voicing their complaints about this before the price reaches $3 per gallon. Mr. Proto also spoke of the gas drilling that is taking place and said he had a discussion earlier with Macroback (the former Buck Lab in Cortland), and urged everyone who uses well water or water drawn from an aquifer to get a baseline water test. There hasn't been any drilling in this County with the exception of one site in Lansing. He said the Department of Environmental Conservation is reviewing the regulations and expects to have something in place by the middle of the summer Ms. Robertson said there is an alternative to the State Budget cuts (Senate Bill No. 2021 being sponsored by Senator Eric Schneiderman) which would add three new tax brackets for taxpayers earning $250,000 and up annually, and also restore tax equity to the tax structure. She said she and Legislator Dennis will be bringing a resolution to the Budget, Capital, and Finance Committee next week endorsing that Legislation. It would raise approximately $6 billion and would take care of nearly half of the shortfall that is projected for the State budget for 2010. Assemblywoman Lifton will be sponsoring that Bill in the Assembly. Ms. Kiefer, District No. 10 Legislator, responded to Mr. Proto's comments about baseline water testing and said without knowing which chemicals are in the fracking water one can't know what to test for, and it may be worthwhile to follow-up with the State on what chemicals to test water for because it can be complicated. She reported Time Warner Cable's Public Access will have a program entitled "Turning the Stimulus Green" and announced a list of times when it would air. The program is a tape of Dominic Frongillo, Town of Caroline Board member; Shianne Osterrieich, Economist; and Joseph Schwartz, Political Scientist, talking about how the jobs the Stimulus produces should be aimed at building energy-efficient infrastructure that is needed. Ms. Kiefer also provided the Legislature with an update of the Veterinary College Incinerator Project. After several delays the project finally got underway and members of the committee have 66 February 17, 2009 received photos on a monthly basis showing the progress. Once budget problems began the Governor put a freeze on change orders, and since there are almost always well justified change orders with large projects there was a delay in the project. Ms. Kiefer said the project is now back on track with the originally projected schedule and they are hopeful that it will open for business on July 1, 2009. Prior to that and while Cornell is waiting for the Department of Environmental Conservation to review the findings of tests, there will probably be an open house and she will let the Legislature know about that when more information becomes available. Ms. Kiefer said they also learned of a new study that was done at the University of Wisconsin looking at the fate of prions in sewage systems, which is relevant because one of Cornell's options is to have the hydrolysate from this process go to the Ithaca Area Wastewater Treatment Plant. The study demonstrated that prions, which are proteins/organic materials, would become part of the solid sludge so even without alkaline hydrolysis treatment, prions would not go into the Lake. Mr. Shinagawa, District No. 4 Legislator, reported he attended the New York State Association of Counties Conference last week and heard a few very good presentations. He said there was a presentation on the Governor's proposed changes to the Pension Fund and the increase in age to 62. He said he was pleased NYSAC adopted a resolution in support of those changes. He also attended a Marcellus Shale workshop led by the Broome County Attorney who traveled to Texas and learned of problems that were encountered there. Most of the problems there could have easily been mitigated if there had been more oversight and regulation. Mr. Shinagawa also reported that today the Governor held a press conference about the deficit and specifically spoke of how it relates to the Stimulus Package. The Governor stressed that the crisis could continue and the only way to get a handle on the deficit is to make cuts or increase revenues. Mr. Shinagawa said he supports more taxes on the wealthy rather than cuts to the poor or middle-class. Mr. Sigler, District No. 6 Legislator, said he doesn't see the solution to resolving the budget deficit as a choice between raising tax on the wealthy or reducing services for the middle-class and poor. He stated New York is presently one of the highest taxed states in the nation. Ms. Chock, District No. 3 Legislator, said it is her opinion that the New York State (NYS) tax structure has resulted in what has become a decades -long shift of the tax burden on to the lower percentages of the population. She said the effects of the NYS tax system (income, sales, and other taxes combined) are now 6.85% on the richest of New Yorkers and approximately 11 to 12% on the bottom half of NYS taxpayers. She said the chart she was referencing shows tax rates going up as income goes down. Ms. Herrera, District No. 5 Legislator, spoke of an exciting documentary entitled "A Class Apart" that has just premiered and will be shown on February 23rd in Ithaca on PBS channel 9. It's about three Mexican American lawyers who took a civil rights case to the Supreme Court and won of which her dad was one of them. A Class Apart, a new documentary by celebrated filmmakers Carlos Sandoval (Farmingville) and Peter Miller (Sacco and Vanzetti, Passin' It On), is the first major film to bring to life the heroic struggle of Mexican Americans against the Jim Crow -style discrimination targeted against them. Set in post -World War II Texas and raising questions about inclusion, American identity, and equality before the law that are as important today as ever, A Class Apart dramatically interweaves the story of its central characters - activists and lawyers, returning veterans and ordinary citizens, murderer and victim - within the broader history of Latinos in America during a time of extraordinary change. The film premiered in San Antonio this week, and will be shown around the country. Report from a Municipal Official There was no municipal official in attendance. 67 February 17, 2009 Presentation - Health Benefits Consortium Mr. Mareane noted this is an example of a local area that is taking action to bring costs in line. He introduced Steve Locey, Project Consultant from Locey and Cahill, who was hired by the Tompkins County Council of Governments. Mr. Locey said this Consortium would be the first of its nature that includes a county government, City government, and municipalities. He explained that at this stage of the process, meetings are being held in the individual municipalities to provide an overview of what the Health Benefits Consortium means. Following is a summary of the Greater Tompkins County Municipal Health Insurance Consortium: WHY JOIN A CONSORTIUM? For the smaller municipalities this is a common and easy question to answer. The Consortium set- up will provide cost savings, protection, stability, and control. In terms of cost savings, the reduction in costs will come from lower administrative fees, the elimination of commissions, a more aggressive claims trend, elimination of insurance company profits, and the ability to hold and invest excess funds in reserve accounts. The protection is found in the same principle which is the foundation for an insurance company, the law of averages or law of large numbers. By being part of a large, credible pool of insured members, the employer benefits from the spreading of risk. In a given year, one municipality may have worse losses than the average and this result will be balanced with a municipality who experiences better results than the average. Over the long-term, the annual increases are more stable and more predictable. In a Consortium, the Participants (Municipal Corporations) control the finances of the Plan as through the Board of Directors they are charged with the development of the budget and premium equivalent rates. This allows the Board of Directors to control the rate of increase and the timing of the budget decisions. Currently, most Municipalities receive their health insurance renewals in November or December for a January 1st Renewal Date. This provides very little time for negotiation and is well past the budget development process for most Municipal Corporations. In the Consortium, Municipalities will be provided with regular financial reports and budget projections. This will allow for decisions to be made well in advance of the local governments budget development process. In addition to the above, the Consortium will operate under the rules and regulations of the State of New York Insurance Department which will provide regulatory oversight to the Consortium. GOAL OF THE CONSORTIUM The goal of the Consortium is to have the individual Municipalities pool their resources in an effort to provide a health insurance plan or plans which is or are less costly than that which could be purchased by each Municipality on their own. CONSORTIUM MAKE- UP The proposed Consortium structure is to include the County, City, Towns, and Villages located within the geographical and political boundaries of the County of Tompkins, New York. OPERATING AGREEMENT The Consortium will be operated under and governed by a Municipal Cooperative Agreement which will be passed by resolution by each Participating Municipality. A draft of this Agreement has been sent to each potential Municipality. In addition, this draft Agreement has been submitted to the State of New York for their review and response. This Agreement provides the detail as to how the Consortium will operate and what each Municipalities responsibilities and obligations will be to the Plan and to the Consortium. 68 February 17, 2009 BENEFITS MODEL The Consortium's goal is to develop cost-effective medical benefit plan offerings which are equal to or better than the plans of benefit currently being offered by each Municipality to their Active Employees and Retirees. The Committee is working diligently to ensure there is no diminishment in benefit to the covered members. These benefit designs will include indemnity -style plans, preferred provider organization (PPO) style plans, some high deductible health plans, and Medicare -Retiree plans. Premium equivalent rates will be established based on the estimated overall cost of operating the Consortium and variances will be established to account for the risk differences associated with each plan design. FINANCIAL MODEL All premiums will be paid to the Consortium where the monies will be pooled and used to cover the expenses of the Plan (paid claims, administrative expenses, insurances, legal fees, auditor fees, consultant fees, and other related expenses). Excess funds will be invested in various accounts to develop interest earnings. All expenses, liabilities, and surplus funds will be "owned" by the Participating Municipalities on a proportional basis. WHAT DO YOU NEED TO DO? At this point, they are asking each Municipality to become familiar with the Municipal Cooperative Agreement and the concept of a Municipal Consortium for Medical Benefits. We will provide more detail as to the exact benefits available and the premium costs once we have finalized the financial review and the Tompkins County Council of Governments selects a qualified insurance company or third party administrator for this most important project. Additional information about the Consortium is available at the Tompkins County website at http://www.tompkins-co.org/ and "clicking" the link for the Shared Services Health Benefit Study. A significant amount of work has already taken place in the development of the Consortium. They will be asking each municipality to join the Consortium by adopting the Municipal Cooperative Agreement by Board Resolution between the months of May and July 2009. In the meantime, he asked Legislators to please keep their eyes open for more information about this exciting new venture. Mr. Locey thanked the Legislature for its time, cooperation, and patience as the Greater Tompkins County Municipal Health Insurance Consortium continues its development. They will continue to provide updates and information and ask the Legislature to embrace this opportunity as they find a new way of providing health insurance to employees and retirees that will be more efficient and cost-effective. He said they will be getting benefits out to members in late March/early April and would like the Legislature to consider becoming a partner in the program. They would like to have agreements considered and passed sometime around July, 2009 with an anticipated start date of January 1, 2010. Between those dates they will still be getting out a lot of information and answering questions from employees and retirees about benefits, have an open enrollment in November, and kick the program off on January 1, 2010. Ms. Robertson asked Mr. Mareane to distribute a list of the Steering Committee members to all Legislators. He will also distribute information on the time schedule. Ms. Robertson referred to the statement made on cost benefits that "cost benefits will come from the elimination of insurance company profits", and asked for a further explanation. Mr. Locey said under a self-insured model there will be a premium -equivalent rate developed for each benefit level associated with the program. Those rates will be paid into the Consortium and the only monies that will be paid out of the Consortium are going to be those monies necessary for administrative overhead and for actual benefit payments (claims). Therefore, a premium will not be paid to an insurance company and every dollar that is going to be expended by the program is going to be felt within the premium. Any excess 69 February 17, 2009 funds that may exist will be set aside in reserves or in interest income and will stay within the program. They will be taking the insurance company or the third -party administrator's role down to the basic level. They will be hired as a service provider with a set paid fee. With most of the consortiums that they work with around the State, the administrative portion is only about five percent of the total expenses. The other 95 percent relates totally to the claims. Mr. Sigler asked if the Consortium would be eliminating the profit for the insurance company and taking on the risk. Mr. Locey said the Consortium would be doing both. The premiums would be a function of the expenses, but by having a larger pool the Consortium is better -equipped to take on that risk. He said through prudent planning and having the proper reserves set aside it can be protected from a cash-flow perspective. It could use reserves or recoup losses over a period of time; insurance companies cannot recoup costs over a multiple number of years. Mr. Locey said they are going to provide the vehicle to provide the benefits that have been agreed to within collective bargaining agreements. Initially, they will try, for every line item, to provide a benefit that is equal to or better than what currently exists. Questions were raised about whether Tompkins County Public Library or TCAT could be part of the Consortium. TCAT is a 501(c), and lawyers are checking that per Mr. Locey. Mr. Dennis believes the Tompkins County Public Library and Tompkins Cortland Community College may be eligible. Mr. Burbank asked what would happen if we had catastrophic loss early on, and it was told that two types of stop -loss insurance are available. Initial capitalization would be through premium bills at the start. Ms. Kiefer noted that single -payer health care saves money by similarly avoiding insurance company profits and maturity costs. Ms. Chock asked if each municipality will have similar benefits and was told there will be enough choices o plans for each to remain similar to what they have now. Presentation on the Impact of the Economic Downturn on Individuals and Families by the Human Services Coalition Kathy Schlather, Executive Director of the Human Services Coalition, reviewed the following information on the Impact of the economic downturn on individuals and families: American Red Cross Homeless Services — John Ward, Director of Homeless Services • Seeing an increase in the homeless population in the County. • TCAT's proposed reductions of some of its bus routes may directly impact the Shelter's ability to move clients out of the shelter to rural areas of Tompkins County where the bulk of the affordable housing is located. This may directly impact the length of stay (LoS) for clients. Average LoS currently is about 21 days (down from 30 days a year ago). • In the past landlords would work with Red Cross case managers and the tenant to get the back rent paid, RC is finding that landlords are now looking to evict much faster as they themselves are finding their own lenders becoming less tolerant. • The economic downturn may be having an impact on people's mental health. The Mental Health Unit at Cayuga Medical Center currently has a full unit 18 beds, and 5 individuals report being homeless upon their discharge from the unit. • A single individual qualifies for a total of $354.00 per month in housing benefits from Social Services to use towards their rental cost. This requires individuals to locate housing at this rate, which is nearly impossible within the city limits. There is a three-year wait for Section 8 housing choice vouchers at Tompkins Community Action (TCA). Catholic Charities, Tompkins / Tioga — Christine Sanchirico, Executive Director • Over 70 Security Deposits have been given out since October, there is only funding for about 28 more until the next IURA contract date (starts next October). • Emergency Services program saw an increase of 20% in 2008 over 2007. 70 February 17, 2009 • Personal care product program provided support to over 1,170 unique households in 2008 in our Ithaca office (Up from 655 in 2007). • Security Deposit support and Emergency Utility Payment support are a function of available funding. We always have more requests than money. • Typically about 200 families use our clothing closet each month. In October over 450 families used the clothing closet. • In 2008, 325 households requested and received free, confidential prescreening for Food Stamps. The Governor has cut most of the funding for the Food Stamp outreach program from his 2009- 2010 budget. • There has been a 73% increases in the number of households contacting the Nutrition Outreach and Education Program with questions about Food Stamps and nutrition assistance. 85% increase in number of households assisted by NOEP program who were approved for Food Stamp benefits. Food Bank of the Southern Tier - Matthew R. Griffin, Nutrition Resource Manager The Food Bank distributed 6.75 million pounds to over 180 hunger relief agencies in six counties • Agencies reported increases in the number of people served, especially large spikes in the number of new clients. . Overall food pantry statistics show 24% increase in people served and 46% increase in seniors served in 2008 compared to 2007. • Expansion of BackPack program in schools to over 1,000 children helped address childhood nutrition issues. • In Tompkins County, the Food Bank distributed over 1 million pounds to member agencies. Food pantries served 35,119 households. Loaves & Fishes — Chris Pothier and Stephanie Abrahams • Compared individuals/ meals served for 2007 and 2008 - an 8% increase in 2008 over 2007. The second half of 2008 saw a 16% increase in individuals served over 2007. • The average amount of guests served per meal in 2008 was 122. . • Issues that were impacting guests during the second half of 2008 were: • Lack of availability of Section 8 vouchers, long waiting lists, scarcity of Section 8 housing for those with vouchers. The threat of voucher expiration because landlords will not accept the funding. • A lack of affordable apartments and rooms for rent and no more money for security deposit assistance which allows renters to afford existing apailments • A need for non-traditional loans to support home buying, including less expensive options like trailers. • Zoning has prohibited low income people from living on their own land because the type of domicile they can afford will not be approved. • Low income people lack the funds to secure legal counsel for help with real estate and estate issues • The working poor struggled with the cost of transportation and need assistance with the purchase of gasoline, car repairs, bus tickets and taxi fares. Volunteers transported individuals to appointments and helped pack and move belongings. • Affordable housing tends to be outside of Ithaca and bus service is inadequate to accommodate work, church, grocery shopping, appointments, laundry etc. Can lead to isolation which compounds the issues. • Lack of availability of public showers leads to neglect of personal hygiene. Guests encounter painful skin problems. Salvation Army —Carl Ruthberg, Major • There is a steady flow of new people attending the meal programs on Saturday and Sunday at The Salvation Army. This includes families with children. There is an effort to educate these families 71 February 17, 2009 to prepare food at home and to provide the needed food. Many are not aware of what is available to them. • Since September we have seen a 20% increase in new people for meals. • Since October there has been an 18% increase in new people for the Food Cupboard. • The Christmas Assistance program saw a 22% increase in new people needing holiday help. Tompkins County Office for the Aging — David Stoyell • Increase in applications for heating assistance including some first-time applicants who have lost income due to layoffs. • Major increase in applications for weatherization referral and assistance. Increase in January in applications for home care assistance (a factor of both financial need as well as disability) • 65 meals on wheels recipients began receiving food stamps (in part due to new efforts at facilitating enrollment in 2008). • Calls from middle income seniors who are anxious about becoming low income seniors -- afraid of losing their nest egg in market downturn and wanting financial advice (don't have enough assets to have financial advisers. Tompkins Workforce New York — Diane Bradac • The unemployment rate is increasing at unprecedented rates (Dec 08; US is 7.2, NY is 6.8 and Tompkins County is 4.7); highest levels we have experienced in a decade. Rates in surrounding Counties are increasing faster than TC; private sector employment in the Southern Tier declined over the year by 900 or 4.0% to 239,700 in Sept 08. • Job seeker customers have increased steadily at Tompkins Workforce New York for several months now averaging about 560 individuals a month (up 24% in six months). Individuals are keeping accounts active longer and requesting more services before obtaining employment or training. • Tompkins Workforce New York continues to post jobs and openings (there are jobs here!) but at a 23% lower rate than six months ago. Businesses are responding in a number of ways - working smarter, holding/freezing hiring, reducing staff hours, minimizing operational costs, cutting programs and services, early retirement packages, using DOL Shared Work option, relying more heavily on community collaborations, using part time /temp options, etc. • The length of time on unemployment has been lengthened providing an immediate resolution for individuals and families but damaging long term consequences for NY State. • Experiencing an increased level of anxiety, nervousness and uncertainty around employment and unemployment issues with both employers and job seekers. • There are more requests for additional resources and support while job searching, help with financial issues/crisis, transportation, immediate short term training options, help with tax preparation, assistance with household basics such as food, heat and energy costs, etc.. • We are collaborating with local partners and community groups to position ourselves for possible stimulus funding focusing on jobs and training for green collar, infrastructure, healthcare, energy, etc. We are keeping a voice for Tompkins County in Washington, DC and Albany. 2-1-1 Information and Referral Services — Ed Swayze • Increase in calls for assistance with finances, heating assistance, employment, rental assistance, legal services to avoid evictions, free clinic, Medicaid and other Social Service programs. Mr. Proto asked Ms. Schlather to keep the Legislature informed if she hears of any consolidation of services. Chair's Report and Appointment(s) Mr. Koplinka-Loehr welcomed over 3,000 teachers to the community for Teacher Fest 2009. He said this event began a few years ago and has been very successful. He called attention to a report put 72 February 17, 2009 together at the recent NYSAC Conference entitled "The Gathering Storm", in addition to other materials that will be left on file in the Legislature office. Mr. Koplinka-Loehr thanked the Tompkins County Council of Governments (TCCOG) and County Administration staff and Ed Marx, Commissioner of Planning and Public Works, for coordinating the federal stimulus requests that are going to New York State. Mr. Koplinka-Loehr had no appointment(s). Report from the County Administrator Mr. Mareane requested an executive session to discuss an issue related to land disposition. He provided an update on the Federal Stimulus package, which the President has now signed. He said Tompkins County was among the first to recognize that there was going to be a Stimulus bill and began thinking about some of the things the County wanted to do. He believes the package of projects and programs that have been put together responds appropriately to the Stimulus categories that are contained in the Federal plan that was approved today. He said Mr. Marx has spent a lot of time preparing to respond to the categories that relate to the County and its infrastructure. Later, Paula Younger, Deputy County Administrator, joined the effort and worked very hard on the programmatic aspects. Mr. Mareane said TCCOG began discussing this and heard from other municipalities that they had projects they believed fit the criteria but did not know how to submit requests for funding. He said he volunteered County staff to compile the projects of both the County and municipalities into a presentation piece that has been circulated this evening. He said this articulates in a very succinct and professional way of what the entire community has for its priorities for the use of Stimulus monies. Mr. Mareane said this was put together in a very short time and represents a remarkable response to the Stimulus Plan and the goal is to submit the information as soon as possible to Albany. Mr. Mareane asked Legislators to review the information as quickly and as carefully as possible. He commended Mr. Marx, Ms. Younger, and Ms. Jayne, for the work they have done on this in a very short time. Mr. Burbank asked what the prioritization process would be. Mr. Mareane said that prioritization can be done in Committee meetings over the next few days; however, it is his goal to get this to the State as soon as possible. He noted the State has its own set of priorities. Ms. Robertson commented on the great collaboration of TCCOG and the importance of that organization to municipalities. She noted that at the NYSAC Conference the Governor said local municipalities can put dollars to work faster than the State can. Ms. Chock praised the efforts of County staff and TCCOG. She expressed concern that the document is such a large wish list and asked if it had grown too large to have value to the State. She also said she hopes this is not delayed any further. Mr. Mareane said he would like to submit this document to the State tomorrow and then to send priority listings for the County after a review process by the committees. Ms. Kiefer said she was under the assumption that the City's portion arrived late because the items were being prioritized, but was unable to find any reference to prioritization in the document. She said if this body wishes to send the document reviewed this evening she would like the State to be informed that the document will be resubmitted and will include prioritization. Mr. Koplinka-Loehr proposed the words "Working Draft" be removed from the document and that the document be submitted to the State, with County Administration developing language to inform the State that information on prioritization will follow. He also proposed that on a parallel track the document be sent to committees to go through a prioritization process. It was the unanimous consensus of those present to proceed with Mr. Koplinka-Loehr's suggestion. 73 February 17, 2009 Report from the County Attorney Mr. Wood had no report. He requested an executive session to discuss litigation. Report from the Finance Director Mr. Squires had no report. Addition of Resolution(s) or Appointment(s) to the Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add the appointment of Mary Oltz to the Office for the Aging Advisory Board to the Consent agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Recess Mr. Koplinka-Loehr declared recess at 8:00 p.m. The meeting reconvened at 8:10 p.m. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne — County Legislator; term expires December 31, 2011 Kit Kephart — County staff representative; term expires December 31, 2011 Criminal Justice Advisory/Alternatives-to-Incarceration Board Marilyn Ray — At -large representative; term expires December 31, 2011 Louise Miller — Agency representing a crime victim; term expires December 31, 2011 Substance Abuse Subcommittee Arpi Hovaguimian — Mental Health Services Board Member representative; term expires December 31, 2009 Board of Health Janet E. Morgan — At -large representative; term expires December 31, 2014 Office for the Aging Advisory Board Edith Spaulding - term expires December 31, 2011 Mary Oltz — term expires December 31, 2011 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Dennis, 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. 20 — CORRECTION OF TAXES — TOWN OF LANSING (36.-1-24) 74 February 17, 2009 MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, an error has been made in the 2009 Town and County tax bill, assessed to Richard and Donna Prybyl, who were erroneously charged Relevied School taxes, and WHEREAS, an agreement was reached between the Prybyl's and Lansing Central School District that payment occurred on November 3, 2008, and WHEREAS, this information was brought to the attention of the Tompkins County Department of Assessment after the tax warrant for the 2009 Town and County warrant was signed, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Town of Lansing Tax Collector is directed to correct the 2008 tax roll, RESOLVED further, That the amount of $12,401.89 be expunged from the 2009 Town and County tax bill. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 21 - REQUESTING THE STATE OF NEW YORK TO HOUSE NEW YORK STATE PAROLE VIOLATORS IN THE NEW YORK STATE DEPARTMENT OF CORRECTIONS MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, county jails in New York State continue to house increasing numbers of parole violators, including parole violators held on technical charges and parole violators who have become "State -ready" and are awaiting transfer to a State correctional facility, and WHEREAS, many jails report that a significant portion of their entire jail population is comprised of such parole violators and State -ready inmates, and WHEREAS, in many county jails the average length of stay of a parole violator prior to his final parole hearing is one hundred twenty (120) days, and WHEREAS, there are sixty-nine State correctional facilities, in addition to the 902 -bed Willard Drug Treatment in Seneca County, New York, meaning that there is a State correctional facility in or near each county of New York State, and WHEREAS, the number of inmates incarcerated in State prisons has been reduced so significantly in recent years that the Governor and some members of the New York State Legislature have called for a closing of several State correctional facilities, and WHEREAS, these inmates held on parole violations have always been considered a State responsibility, although the State reimburses counties for only a portion of the housing costs incurred in maintaining these inmates while their parole revocation proceedings are held and completed, and provides no reimbursement for medical costs for such inmates incurred by New York State counties, and WHEREAS, Governor Paterson in his proposed 2009-2010 State budget has suggested elimination of all funding to counties for housing such parole violator inmates on behalf of the State of New York, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County should seek appropriate relief from the Division of Parole and the Department of Correctional Services to lessen the amount of time that parole violators and State -ready inmates are held at county jails, RESOLVED, further, That Tompkins County urges the State of New York to pass legislation to allow parolees awaiting a parole -violation hearing to be incarcerated in a State Correctional facility in or near the county where the alleged parole violation occurred, rather than in a county jail, RESOLVED, further, That until such time as a parolee awaiting a parole -violation hearing is held at a State Correctional facility, Tompkins County should be entitled to reasonable compensation for housing such parolees, at a sum equal to the actual cost of confinement, including actual medical expenses incurred by the County, 75 February 17, 2009 RESOLVED, further, That certified copies of this resolution be forwarded to the New York State Association of Counties, New York State Sheriffs Association, New York State Department of Corrections, Governor David Paterson, Senators Michael F. Nozzolio, James Seward, and George H. Winner, Jr., Senator Ruth Hassell -Thompson, Assemblywoman Barbara S. Lifton, and Assemblyman Jeffrion Aubry SEQR ACTION: TYPE I1-20 RESOLUTION NO. 22 - ACCEPTANCE OF 2009 ANNUAL ALTERNATIVES TO INCARCERATION CONSOLIDATED SERVICE PLAN MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board at its January 26, 2009, meeting approved the 2009 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 2009 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 Criminal Justice Advisory/Alternatives to Incarceration Board, and office of the Tompkins County Legislature. SEQR ACTION: TYPE 1I-20 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met prior to this meeting to take action on appointments that were on the Consent Agenda. Mr. Proto reported on a meeting that took place at the Health Department at which presentations were made by the Department of Social Services, Public Health Department, and the Office for the Aging. The presentation highlighted the Governor's proposed budget and the projected losses to those areas and the impact on the County's budget. The next Committee meeting will be March 10th Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on February 19th at 3:30 p.m. There will be a lengthy discussion on the County's Stimulus project list. Report and Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported he met today with Mr. Mareane and Ms. Younger to discuss the Government Performance aspect of the Committee. He also met with the Personnel Commissioner and Personnel Department staff to discuss personnel -related goals. Mr. Shinagawa said he will be focusing on not only developing goals, but developing a specific way in which progress can be measured. He deferred the Committee report to Ms. Kiefer, Vice Chair, as he was not in attendance at the last meeting. Ms. Kiefer reported at the last meeting Chair Koplinka-Loehr appointed himself and Legislator Robertson to be members until other Committee members arrived. The Committee heard about the Stimulus package. The Committee was also informed the County Clerk is applying for a 2009-2010 76 February 17, 2009 grant in the amount of $855,000 to continue its work on scanning old documents into the electronic data management system. The Committee also heard a presentation on the Shared Municipal Services Incentive (Health Benefits Consortium). The County Administrator had proposed a resolution to address vacancies and reclassifications and discussion will continue on this at a future meeting. Ms. Kiefer said the Committee approved a resolution establishing a Legislative order of succession. The resolution dealing with open meetings and Legislature salaries were deferred to the next Committee agenda for discussion. Ms. Kiefer stated she would like to accompany Mr. Shinagawa on meetings with staff concerning the government performance aspect of the Committee's responsibility. Mr. Shinagawa said he would inform her of when those meetings will take place. Ms. Herrera said she will bring a member -filed resolution to the next Legislature meeting dealing with Legislator salaries. RESOLUTION NO. 23 — APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Ms. Kiefer, seconded by Ms. Mackesey. Ms. Kiefer said these individuals are the same as those who served last year. She also noted Mrs. McBean-Clairborne did not support this resolution at Committee. Mrs. McBean-Clairborne said while she has nothing against the individuals named in the resolution, she was not satisfied with the response to how people were recruited and to how open a process it was. Ms. Chock questioned why members of this board are compensated. Mr. Koplinka-Loehr said he recalls discussion that included the significant amount of time these members put in; also that it is a professional courtesy to provide some compensation for the time committed. Ms. Kiefer said it is provided for in law and Tompkins County has followed that practice for some time. Mr. Shinagawa said he would follow-up with the Assessment Department to find out why these members are compensated. Ms. Herrera said one way to make a difference would be for members of this body to offer suggestions and encourage other members of the public to apply well in advance of this resolution being considered in 2010. A voice vote resulted as follows: Ayes — 11; Noes — 2 (Legislators McBean-Clairborne and Randall); Excused — 2 (Legislators Hattery and Stevenson). 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 Performance and Workforce Relations 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 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee will meet tomorrow at 3:15 p.m. The Committee will meet the second Wednesday of each month at 3:15 p.m. 77 February 17, 2009 RESOLUTION NO. 24 — APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY MOVED by Ms. Mackesey, seconded by Mr. Proto. Ms. Chock said she had this withdrawn from the Consent Agenda because she believes there is a need to balance the need for continuity and to give some priority to turnover with regard to the appointment of various boards and committee membership. She said she believes good attendance is an important factor in reappointment and does not think the proposed slate meets that criteria. She said she has also raised this in other committee meetings. She said it is her understanding that one member has had numerous absences and will not support the resolution. A question was raised by Ms. Kiefer as to why this resolution cannot be delayed. Mr. Koplinka-Loehr stated if this resolution is not adopted the IDA will not have quorum at its next meeting and will be unable to take any action. A voice vote resulted as follows: Ayes — 10; Noes — 3 (Legislators Burbank, Chock, and Kiefer); Excused — 2 (Legislators Hattery and Stevenson). 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) Michael Sigler — 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 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 I1-20 Report from the Budget, Capital, and Finance Committee Mr. Dennis, Chair, reported the Committee will meet on the second and fourth Monday of each month. He said he also serves as the Legislature's representative on committees appointed to negotiate the County's labor contracts. He noted at the present time 80% of the employees are without a contract. He said he would like the employees to be asked to provide input about what efficiencies the County might be able to implement over the year; another goal he has is to keep as many people working for the County as there are now. Report from the Public Safety Committee Ms. Robertson, Chair, reported the Committee met on February 12th. The Committee heard from the Sheriff on Jail population and he provided year-end statistics. She noted that during 2008, boardouts accounted for less than 20 percent of the transportation costs; transportation to court is by far the largest transportation expense (70%). The average total custody in the Jail for 2008 was 68.54 people per day; boardouts in 2008 cost just under $450,000. She said there is important information that was shared at the NYSAC Conference relating to Public Safety and she will provide Legislators with a report. 78 February 17, 2009 Ms. Buechel, Director of the Department of Probation and Community Justice, provided the Committee with an overview of programs and described the flow of the system beginning with arrest through the end of a sentence. The Committee will be spending time at each meeting learning about what is involved in all of the Probation services. This is in preparation for analyzing data within the County's criminal justice system and trying to get a holistic look at how the system is working. Mr. Shurtleff, Director of Emergency Response, updated the Committee on the Communications System and also discussed the broadband idea that he is investigating. Lastly, Ms. Robertson said the Governor's proposed budget does not include funding for State -readies in county jails; this is another unfunded mandates. Ms. Mackesey asked what the highest number of people there were at one time in the Jail and how long those numbers last. Ms. Robertson will look into this and provide her with this information. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. She shared an e-mail she received last week a county official read an excerpt stating "diversity is something that our county has little opportunity to benefit from" and Mrs. McBean-Clairborne said the e-mail alluded to the idea that fostering diversity is counterproductive and would cause inordinate delays. She thanked her colleagues for not viewing diversity in this way and for seeing opportunities for growth in Tompkins County as we look at issues of diversity and inclusion. The next meeting will be February 25th at 3:30 p.m. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said she is hoping to finally be able to get together with members on the last Friday of this month to set the meeting time. Approval of Minutes of February 3, 2009 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, to approve the minutes of February 3, 2009, as corrected. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Dennis); Excused — 2 (Legislators Hattery and Stevenson). MINUTES APPROVED. Recess Chair Koplinka-Loehr declared recess at 8:45 p.m. The meeting reconvened at 8:50 p.m. Executive Session It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to enter into executive session at 8:50 p.m. to discuss a real estate transaction and litigation. The meeting returned to open session at 9:36 p.m. Adi ournment On motion the meeting adjourned at 9:36 p.m. 79 March 3, 2009 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 McBean-Clairborne arrived at 6:10 p.m.). Presentation of Proclamation Mr. Koplinka-Loehr proclaimed March 2009 as Women's History Month in Tompkins County. Janice Graham, President of the City Federation of Women's Organization, accepted the award and invited members to their Building to view a timeline with highlights of women's history. She announced a program being held at the Women's Community Building on March 26`h that would highlight Saving the Environment, One Woman at a Time. Privilege of the floor by the Public John Bentkowski, City of Ithaca resident, spoke of his having to continue working past retirement in an effort to enable paying his property taxes, which continue to rise. As a real estate appraiser he disagrees with reports that the County is not affected by a decrease in real estate market value, stating the market is ten to fifteen percent below standard market prices. He reviewed information relating to tax- exempt properties within the county and noted 64.4 percent is currently exempt, with 31.45 percent being privately owned tax-exempt property. In addition, he said that 45 properties through Industrial Development Agency programs are in a graduated tax scale. He is concerned at these high numbers as it means the burden is placed on the remaining property owners. Mr. Bentkowski also expressed his belief that the number of Legislators should be reduced to between 7 and 9 members during the 2010 census reapportionment. Distinguished Youth Award Mr. Dennis, District No. 15 Legislator, presented the March 2009 Distinguished Youth Award to Kelsey Melvin of Trumansburg. Kelsey recently celebrated her 16`h birthday and instead of gifts for herself requested her friends bring donations to be given to the local food pantry. As a result of her request 24 boxes of food were donated to the pantry. Carol Mann of the Trumansburg Food Pantry who nominated Ms. Melvin said she is a fine example of a caring young adult to give from the heart to benefit people in need. Ms. Melvin said she had set a goal of 16 bags of food and that her friends generosity amazed her; it is a concrete example that no gift is too small. Ms. Melvin shared a quote from Eleanor Roosevelt, "Since you get joy out of giving to others one should put a good deal of thought into the happiness you are able to give." Privilege of the floor by Legislators Ms. Mackesey, District No. 1 Legislator, spoke of her attendance at a meeting in Albany, New York, regarding the proposed regulations limiting garbage transport trucks on municipal roads. At this time the proposal is in the Governor's Office of Regulatory Reform. Upon a review of the proposal the office would determine if they would be legally defensible and a cost -benefit analysis would be completed. They have requested any correspondence relating to the regulations be sent to their office by 80 March 3, 2009 no later than March 5th. If they determine to go forward with the proposed regulations there would be a 45 -day period for public comment; if changes are made the regulations would be put in place. Mr. Proto, District No. 7 Legislator, spoke of a previous comment regarding the Planning Advisory Board (PAB) being only advisory to the Commissioner of Planning. He stated following a review of the bylaws of the PAB it is advisory to both the Legislature and Commissioner of Planning in all aspects except for the departmental work plan, on which they report to only the Commissioner of Planning. Mr. Proto thanked members for their attendance at the Moose Club Pancake Breakfast fundraiser. There would be a rededication ceremony of the war memorial monuments in Dewitt Park this fall and the breakfast raised a considerable amount of funding for this purpose. Mr. Proto spoke of the recent honor bestowed upon Tompkins County employee Kim Moore. Ms. Moore of the Information Technology Services Department was named Officer of the Month by the Kiwanis Club for her efforts relating to setting up a mobile command center for police officers working on the recent homicide in Enfield. He spoke of personally seeing Ms. Moore's work commitment and is pleased to see her recognized Ms. Robertson, District No. 13 Legislator, reported there would be a meeting in Varna at the Community Center for the public to discuss concerns with the Tompkins Consolidated Area Transit proposed route changes. She then reported on a recent survey by the Sciencenter of 120 high school seniors from Ithaca and Dryden indicating 91 percent made at least one visit to the Sciencenter before the age of 12 and had a fun time, 65 reported having a more positive attitude toward science as a direct result of their visit, and 52 percent indicated it increased their interest in studying and/or pursuing a career in science. Ms. Robertson said the Sciencenter has a membership access program that would provide membership to families for a one-year period if currently enrolled in the free -/reduced -lunch programs within their school. In a two-month period there have been 120 families who have signed up under the program. In response to Mr. Bentkowski's comments, Ms. Robertson clarified that if the Industrial Development Agency provided funding for improvements/additions to a building the tax abatement is only on the added value and not the entire property. She then spoke of an error in The Ithaca Journal article of February 27th regarding the cost per job under the Industrial Development Agency, noting the correct State average cost is $4,527, not $527, with Tompkins County's cost being $808. With regard to the State report on IDA's, that information was thought to be inconsistent and incomplete by State Comptroller DiNapoli, she noted it is very hard to obtain information from employers as they get further away from the initial abatement period. The report stated the average job cost on a statewide basis is $4,527, but the median cost is only $1,288, which signifies that some of the projects are a great deal more expensive, which affects the report. Mr. Proto noted a correction was printed in The Ithaca Journal. Ms. Kiefer, District No. 10 Legislator, announced that Earth Hour would take place on March 28th; and hopes the County would again issue a Proclamation. For individuals interested in supporting action to combat global warming they are asked to turn off their lights from 8:30 p.m. to 9:30 p.m. Mr. Burbank, District No. 12 Legislator, addressed the recent distribution of Yellow Book telephone books within the County. He said this is the third book received from the various companies and consequently some individuals are not interested in picking them up from the ground. Mr. Burbank believes it to be a form of commercial littering that is not covered in our laws. He contacted the firm and they agreed to ask their distributors to go to their areas and retrieve phone books not accepted by residents. Mr. Burbank said there is a number in the front of the book to call the company and make a similar request. With this in mind, he has asked County Attorney Jonathan Wood to look into the possibility of enacting a littering law that would address the problem, noting someone needs to be held accountable for this type of distribution that results in littering. Ms. Eckstrom, Solid Waste Manager, is also assisting in the matter. Although the books are recyclable, the plastic bags they are in make it more time-consuming for individuals to dispose of. 81 March 3, 2009 Report from a Municipal Official Pat Leary, Town of Ithaca Board Member, reported the Town has decided to have two meetings a month in order to complete their work. At their last meeting the majority of members (5/2) declined to pursue any further study of consolidation with the City of Ithaca. Peter Stein was on a joint committee to study the issue along with shared services, but the emphasis in the draft report was on consolidation. Mr. Stein wanted to pursue a $50,000 State grant to continue exploring consolidation, which would have required a $2,500 town share, however only one other board member was interested in applying. The Comprehensive Plan Steering Committee held an open house for neighborhood associations, which was well -attended and very positive. The Special Joint Committee of the Ithaca Area Wastewater Treatment facility is considering about accepting the alkaline hydrolysis digested animal waste from the Cornell Veterinary School. A resolution had been prepared to accept it, however, since there were members who had not yet read the environmental impact statements from 2002 through 2004 it was decided to postpone the matter until that is completed. Ms. Leary indicated the Wisconsin study referred to by Ms. Kiefer actually indicates the study speaks of persistence of pathological prion protein and how it is resistant to standard wastewater treatments. Anaerobic sludge digestion, the process used by the plant, does not result in significant prion degradation; the solids although larger than what normally is dealt with at the plant do separate out, however, the prions would need to be destroyed prior to acceptance of the animal waste at the plant. She reported the Town is still working on dock regulations to determine whether it should be 40 or 50 feet and is looking at water depth to determine how to accommodate sailboats as well as motorboats. Ms. Herrera said she had read that prions are implicated in mad cow disease, this was confirmed by Ms. Leary, who said that the alkaline hydrolysis process for a minimum of six hours is adequate to destroy the prions. Chair's Report Mr. Koplinka-Loehr reminded Committee Chairs that if they have items coming forward to the Legislature that the Presentation portion is a useful tool to provide information to all Legislators prior to any actions. He then stated he has asked Committee Chairs to have monthly meetings with himself and the County Administrator as well as requesting quarterly meetings for the Legislators and Department Heads to meet. He indicated the meetings are late afternoon times. Mrs. McBean-Clairborne arrived at this time. Report from the County Administrator Mr. Mareane spoke of the Federal Stimulus Package compiled and sent to Albany decision - makers and indicated it was a very professional, concise reflection of the community's requests relating to the Stimulus Package in a short period. He expressed appreciation to the Legislature for the time spent during the process. A more detailed presentation of the proposed budget was made to the Budget, Capital, and Finance Committee at their last meeting. Copies of that information was also provides a hard copy to members of the Legislature. The report indicates there would be a $2.7 million impact if the Governor's budget is approved intact. There are some items not included as it is impossible to determine what the funding change will be (block grant versus reimbursable funding). He then reported the Governor suggested that the $500,000 cut in CHIPS funding be restored as part of work to stimulate the economy. He received information from Public Health Director, Alice Cole, that the Bioterrorism funding grant, which was to be a reduction of $111,000 effective January 1st, has now been extended through August, the original grant date. Mr. Mareane said the Federal Stimulus Package is attempting to assist states by increasing their share of Medicaid costs, which reduced the local cost. It appears the amount for this purpose is between $3.25 and $4 million, covering a one-time benefit over the course of 82 March 3, 2009 two years. He will continue to brief individual committees on details on the Governor's budget as it becomes available. Mr. Proto spoke of the New York State Association of Counties (NYSAC) report on the impact of the Governor's budget and asked if the figures contained were more current than the one provided to the Committee. Mr. Mareane said the one provided by his office has more detailed information on particular programs that would be affected, however it has not been updated with the changes made since the initial survey when the budget first came out. Mr. Proto noted he has sent the NYSAC information to department heads associated with the Health and Human Services Committee and asked they report on the cuts. Mr. Proto spoke of a newspaper article indicating there has been member item funding that was cut. He said the $25,000 grant designated for the Town of Danby Aquifer Study is one of those items and asked if the County is setting aside funding to assist the project. Mr. Marx, Commissioner of Planning and Public Works, said they are talking to United States Geological Survey to see if the project could continue under the circumstances. At this time none of the work on the project being completed by the County has stopped. Mr. Mareane requested an executive session at the end of the meeting to discuss labor negotiations. Ms. Kiefer asked if the Federal funding for Medicaid is on a fiscal or calendar year cycle. Mr. Mareane stated it is calendar years, with fifty-five percent received this year and the balance next. Ms. Robertson inquired how much is spent in administrative cost for Department of Social Services programs that would now be funded through block grants. Mr. Mareane believes it is $800,000, however, it would only fund some programs and not others. As an example, Safety Net receives a fifty percent reimbursement, but under the block grant would not have any as it is Federal funding and reimbursement is not allowed; the other program affected is food stamps. Report from the County Attorney Mr. Wood had no report. He noted he had handed out a letter and memorandum on litigation to Legislators; if desired the items could be discussed during executive session. Report from the Finance Director Mr. Squires reported that a little -noticed part of the Stimulus Package put in by Congressman Rangel, included language that increased the threshold for small bond issues. Previously the County was limited to $10 million, without the ability to take advantage of holding tax exemptions. It has now increased to $30 million. He also reported there is anticipated income as a result of the tobacco settlements. A portion was held in escrow for protested payments from 2003, which had to do with a belief the formula used was incorrectly calculated for the annual payments made by the tobacco companies; some of the funds are being released. Mr. Proto asked the status of potential foreclosures. He was informed there are 16 properties in foreclosure and the number is anticipated to be 12 at the time of the foreclosure auction. He spoke of having completed an analysis of funds set aside to cover uncollected taxes in comparison to other counties. It was determined we have too much set aside as our write-offs have been very low over the past five years. Tompkins County has ten percent of receivables for property taxes ($1.3 million) and other counties are as high as fifty to sixty percent as it takes them longer to collect the taxes. Addition to and Withdrawal of Resolution(s) from the Agenda There were no resolutions(s) added to or withdrawn from the agenda. 83 March 3, 2009 Approval of Appointment(s) Under the Consent Agenda It was MOVED Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Soil and Water Conservation District — terms expire December 31, 2011 Greg Stevenson — Legislator Frank Proto — Legislator Ernest N. Warren Supreme Court Library Board of Trustees Dooley Kiefer — Legislator; term expires January, 2012 Agricultural and Farmland Protection Board Neil Stevenson — Farmer representative; term expires December 31, 2010 Water Resources Council Gregg W. McConnell — Agriculture representative; term expires December 31, 2011 Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 25 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN AND BIDDING SERVICES OF RUNWAY 32 LOCALIZER ARRAY RELOCATION PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the construction of full 1,000 -foot safety areas at both ends of the runway was mandated by the Federal Aviation Administration (FAA) and said construction took place in 2008, and WHEREAS, the addition of pavement to the departure end of Runway 32 has brought aircraft operations to within 502 feet of the Localizer Array, a necessary component of the airport instrument landing system that provides navigation aid to landing aircraft, and WHEREAS, the FAA's acceptable minimum separation distance between operating aircraft and the Localizer Array is 600 feet, and WHEREAS, the airport applied for a waiver to the FAA, which was denied, and WHEREAS, the FAA now insists that the Localizer Array be relocated so that the separation distance meets the minimum distance standard, and WHEREAS, the airport's engineering consultant, C&S Engineers, Inc., of Syracuse, New York, has proposed designing the Runway 32 Localizer Array Relocation project for a price not to exceed $39,887.00, with the funding for said design project being as follows: Federal Aviation Administration Share (95.0%) $37, 893 New York State Depailment of Transportation Share ( 2.5%) $ 997 Local Share ( 2.5%) $ 997 Total $39, 887 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers for $39,887 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, 84 March 3, 2009 RESOLVED, further, That the local share of $997 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 - 2 RESOLUTION NO. 26 -AWARD OF BID — MISCELLANEOUS IMPROVEMENTS AT THE RECYCLING AND SOLID WASTE CENTER MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Finance/Purchasing Department has duly advertised for bids for Miscellaneous Improvements at the Recycling and Solid Waste Center for resurfacing the outbound scale deck, pavement extension, and pavement striping/directional marking, and WHEREAS, three (3) bids were received and publicly opened and read on December 22, 2008, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Streeter Associates, Inc., of Elmira, New York, as the lowest responsible bidder at $82,000, RESOLVED, further, That the County Administrator, or his designee, is hereby authorized to enter into contracts with the successful contractor and to execute change orders of up to ten (10) percent of the contract total, RESOLVED, further, That the Solid Waste Division be authorized to implement this bid on behalf of the County, funds being available in Capital Account HH8160.4442. SEQR ACTION: TYPE II -20 RESOLUTION NO. 27 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BRIDGE PAINTING, VARIOUS LOCATIONS MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for Bridge Painting, Various Locations, P.I.N. 3754.20, (the "Project") in Tompkins County, 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, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent (100%) of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non -Federal share of the costs of Scoping and Design, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project, 85 March 3, 2009 RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred percent (100%)of the Federal and non -Federal shares of the cost of Scoping and Design work for the subject Project or portions thereof, RESOLVED, further, That the sum of $31,000.00 is hereby made available within account D5111.54411, Bridge Contracts, to cover the cost of participation in the above 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 County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II - 1 RESOLUTION NO. 28 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TOWN OF DRYDEN TO IMPLEMENT THE AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT AND CO - HOLD A CONSERVATION EASEMENT ON THE JERRY DELL FARM MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is in the interest of Tompkins County and its residents to support farm operations and protect valuable agricultural resources for their contribution to the local economy, as a local source of food and other products, and as an important contributor to the quality of life in rural communities, and WHEREAS, the Town of Dryden, in partnership with Tompkins County, has been awarded a New York State Agricultural and Farmland Protection Implementation Grant for the purchase of development rights on the approximately 423 acres of Vaughn, Susan, and Trever Sherman's Jerry Dell Farm in the Town of Dryden, New York, and WHEREAS, the farm is in the heart of an agricultural district and an area designated in the Tompkins County Comprehensive Plan and the Town of Dryden Comprehensive Plan as important to the region's agricultural base, and WHEREAS, the Tompkins County Agricultural and Farmland Protection Board endorsed the application to the New York State Department of Agriculture and Markets for grant funding for this project, and the New York State Department of Agriculture and Markets selected this farm for protection under the highly competitive Farmland Protection Implementation Grant (FPIG) program, and WHEREAS, if the project is unsuccessful and an easement is not acquired, New York State is not legally obligated to reimburse local partners for out-of-pocket expenses associated with the project for such items as survey, appraisal, and outside legal fees (though New York State Department of Agriculture and Markets staff has stated that efforts will be made to reimburse the costs), and WHEREAS, the Town of Dryden is Lead Agency under State Environmental Quality Review (SEQR) for this project and has conducted a SEQR review and determined that the proposed action will not result in any significant adverse environmental impacts, now therefore be it 86 March 3, 2009 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County concurs with the Town's negative determination of significance under SEQR for this project, RESOLVED, further, That the County Administrator be authorized to enter into an agreement with the Town of Dryden to implement that project and to co -hold, maintain, and enforce an agricultural conservation easement on the Jerry Dell Farm in perpetuity, RESOLVED, further, That the agreement will include provisions for the Town and County to split the costs of any unreimbursed out-of-pocket expenses (not to exceed $12,500 each) in the event that the New York State Department of Agriculture and Markets does not fully reimburse those costs. SEQR ACTION: Unlisted (SEQR review has been completed by the Town of Dryden) RESOLUTION NO. 29 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE COMMUNITY FOUNDATION MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County Administrator has been notified of a grant award from the Community Foundation in the amount of $10,000 to create an Innovation in Management Excellence program, and WHEREAS, the innovation grant represents a means of creating a system that encourages Tompkins County managers and employees to collaborate on fresh and innovative concepts that lead to streamlined and/or cost-effective processes, and WHEREAS, the County Administrator shall be responsible for the design and implementation of the innovation program, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That the County Administrator or his designee execute all contracts and documents related to this award, and RESOLVED, further, That the Director of Finance is directed to make the following adjustments: Revenue: 1239.42705 Gifts and Donations $10,000 Expenditures: 1239.54400 Innovation in Management Excellence $10,000 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met on February 18. The Committee received a report from Julia Mattick on how the Stimulus Plan income would increase youth employment programs. Ms. Mackesey said the majority of the meeting related to the joint County/Cornell University/City of Ithaca housing programs, with the substance of the discussions reflected in the resolutions. RESOLUTION NO. 30 - SUPPORT FOR THE CONTINUATION OF THE EMPIRE ZONE PROGRAM MOVED by Ms. Mackesey, seconded by Ms. Kiefer. Mr. Proto stated he removed the resolution from the Consent agenda to highlight the positive things the program has done for the County. Ms. Robertson noted the program is entirely State funded and provides incentives, not unlike the Industrial Development Agency, but does not give tax abatements. Although the program was originally in jeopardy when the Governor's proposed budget was first issued, the Governor has now indicated it may be worthwhile to maintain the program to aid in stimulating the economy by providing jobs. 87 March 3, 2009 Mr. Shinagawa said he supports this resolution and spoke of how well the County runs its program. Although there were serious concerns regarding the program elsewhere across the state, particularly a lack of accountability, Tompkins County has not had that experience. Mr. Sigler said although there were publicized problems regarding the Empire Zone Program, he agrees the County has not seen those problems locally. He would like to have the entire state eligible for the incentives rather than specific locations. Mr. Proto agreed with Mr. Shinagawa's statements. He said local reports are good and he is pleased the Governor withdrew his proposals regarding the program. Mr. Hattery said the program has been around for a period long enough to put internal accountability criteria in place. He said at the last Empire Zone Administrative Board meeting many positive things were discussed, including Mr. Sigler's desire to have the entire state eligible. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, fostering the growth of business and employment in a variety of business and industry sectors is essential to building a thriving and sustainable economy that improves the quality of life in Tompkins County, and WHEREAS, the Empire Zone Program was created to be the primary vehicle to stimulate economic growth and revitalization in struggling local economies throughout New York State, and WHEREAS, the Empire Zone Program is performance based, rewarding, with state income tax credits, only those businesses that make capital investments and/or create jobs, and WHEREAS, the Empire Zone Program was modified in 2005 to close costly loopholes that unfairly rewarded non-performing businesses, and WHEREAS, the Tompkins County Empire Zone was created in July 2006 and though still in its infancy, has already shown great promise to enhance efforts to retain, expand, and attract targeted businesses, and WHEREAS, in calendar year 2007, Empire Zone incentives leveraged an investment of over $27.6 million by Tompkins County's 33 certified businesses and those firms employed 2,208 people and created 204 new jobs in 2007, and WHEREAS, local Zone Administrators have a more comprehensive and detailed understanding of local business and industry needs, and economic and workforce development goals that best position them to administer local Zones in partnership with State government, and WHEREAS, the Governor's 2009-2010 budget has proposed sweeping changes to the Empire Zone Program that may lead to litigation, company relocation, and a loss of credibility to New York's economic development efforts, and WHEREAS, increasing New York's already high cost of doing business by significantly cutting the State's business development budget and tarnishing the credibility of our economic development efforts would make New York less competitive, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That in anticipation of growth, success, and the promise of new job creation within the Empire Zones, the Tompkins County Legislature hereby requests the State of New York continue its Empire Zone Program beyond 2011 to June 30, 2017, RESOLVED, further, That the State of New York maintain the current state and local administrative partnership structure, RESOLVED, further, That the Tompkins County Legislature hereby requests the support of each and every Zone municipality in the State of New York in an effort to maintain the continued operation and stimulus that the New York State Empire Zone Program offers, RESOLVED, further, That the Tompkins County Legislature Clerk is authorized to forward this resolution in support of continuing the Empire Zone Program to Governor David A. Paterson, Senate Majority Leader Malcolm Smith, Senate Minority Leader Dean Skelos, Senator George Winner, Senator James Seward, Senator Michael Nozzolio, Assembly Speaker Sheldon Silver, Assembly Minority Leader 88 March 3, 2009 James Tedisco, Assemblywoman Barbara Lifton, Empire Zone Program Director Randal Coburn, and the New York State Association of Counties. SEQR ACTION: TYPE II -20 RESOLUTION NO. 31 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE CITY OF ITHACA AND CORNELL UNIVERSITY TO DEVELOP AND ADMINISTER THE HOUSING AFFORDABILITY PROGRAM AND THE HOUSING TRUST PROGRAM MOVED by Ms. Mackesey, seconded by Ms. Robertson. Ms. Mackesey said the resolution is the result of work by many individuals over the course of the past 1.5 to 2 years and she appreciated the efforts it has taken. She noted the agreement reflects compromise and lengthy discussions, with everyone believing it to be a good document and program. She commended all involved and recommends approval. Ms. Robertson also extended her compliments to the staff and hopes that the City of Ithaca would take action at their next meeting. She extended appreciation to Cornell University for their funding and commitment represented, knowing that times are hard and the full housing program they are planning may take longer than originally planned. She spoke of Mr. Marx indicating developers are prepared to take advantage of the program. In response to questions from Mr. Proto, Mr. Marx indicated the County is the first to authorize the agreement and that there would be periodic reports to the Legislature. Additionally, each grant award would require approval by the Legislature. Mr. Proto then asked if the program would have any tax abatements as allowed by the Industrial Development Agency and Agricultural Exemption Program. He was informed the Housing Trust Program puts the land in non-profit ownership status, which limits the amount of appreciation taken at the time of sale in order to keep the housing affordable, therefore the benefit is passed to the next homeowner. Mr. Proto asked if a list of local preferred developers is being created, stating he has had individuals express an interest. Mr. Marx said no; it would be a competitive application process; pre -grant announcements/public information sessions would be utilized to inform the public of the programs. Mr. Proto inquired if Ithaca Neighborhood Housing Services (NHS) is responsible for outreach and review of projects and was informed that any not-for-profit agency could recommend applicants for the process and they are not reviewing applications. Ms. Kiefer made suggested language changes to the resolution, which was accepted as friendly. She then said spoke of the Notice of Funding Ability point awarding system, which added up to 100 points noting that if the total were changed to 120 points, it would be possible to amend the scoring for the smart growth and green building from 10 points to 20. She said that it would be consistent with the County's desire for smart growth and green building. The change was accepted as friendly. Mr. Hattery does not support the resolution as he does not believe it is appropriate to have a not- for-profit created to hold in trust value of the parcels some of which could potentially be in communities he represents. He stated he had voted against it when it came before the Budget and Capital Committee. It is unknown at this time who specifically would hold portions of the value of parcels in the community he represents. Not knowing who the make-up of the Board would be holding the land there is no guarantee of their reflecting into perpetuity the interests of the communities in his district. He doesn't believe it would be appropriate to have INHS's Board making decisions on property located in his district. Ms. Chock expressed support of the resolution, noting housing needs have been recognized for many years. She spoke of how the land trust would assist in maintaining affordability for low-income individuals and that it would encourage planning of projects, with private contractors getting contracts. 89 March 3, 2009 She spoke of a desire to have a fund established to continue to offer affordable housing. Ms. Chock noted that she has a family connection with Ithaca Neighborhood Housing and said the County Attorney has indicated that at this point there was no conflict to disallow her vote on this particular resolution. Ms. Herrera said the resolution is striving for the goal of 4,000 new housing units. She indicated a desire to have specific language in the Notice of Funding Ability (NOFA) regarding membership. It was explained the County representatives would be one member of the Legislature or a Senior Administrator, and the other two could be from a financial institution, real estate representative, Economic Development, etc. Ms. Herrera will support the resolution but would like to further discuss the membership with the entities and come back with a recommendation. Ms. Robertson said she believed staff would recommend the membership described by Ms. Herrera to the Legislature, that it is inappropriate to tell the City of Ithaca or Cornell University how to determine members. She then stated the homeowners would be paying taxes for the value of the house. She spoke of working with Rolf Pendall, Cornell University City and Regional Planning Professor, who teaches that in Upstate New York, who indicated that at present housing becomes affordable when it deteriorates; this plan would provide affordable housing that is not unsafe or inadequate. Mr. Stevenson indicated the weighted point system made by Ms. Kiefer is unwise, noting there is four times more weight given for smart growth versus permanent affordability and likelihood of success. He believed the original point system was appropriate and will not support the resolution. In response to a question by Mr. Proto, Mr. Marx explained the actual housing unit would be fully taxed and the land is negotiable and up to the municipality whether to provide tax exemption. Mr. Proto then inquired about the section that referred to encouraging urban or growth nodes with public transportation at the sites. He expressed concern that it would not allow for projects in areas without infrastructures in place. Mr. Marx said it is not designed to exclude areas not yet developed. The intent is to meet smart growth, yet it would not automatically eliminate a proposed project if infrastructure were not there. It was then explained that there is flexibility to amend portions of the Memorandum of Understanding and NOFA. The NOFA could be changed without coming back to the Legislature, however, amendments to the Memorandum of Understanding would require Legislature approval. Also noted was each party had the right to veto funding for a project if desired. Mrs. McBean-Clairborne was provided information regarding mixed use, the example being retail space could be present on one floor of a building with housing on others. The grant would only be provided for the housing portion, not the retail area of the building. It was also noted there is no housing trust in place at this time. Ithaca Neighborhood Housing Services has been working on becoming one but the proposals before the Legislature would not exclude others to participate. The existing housing agencies felt it would be better to have one agency responsible for a housing trust rather than multiple agencies undertaking the trust. Mrs. McBean-Clairborne expressed agreement with Mr. Stevenson's comments regarding the point system. Ms. Chock said Ithaca Neighborhood Housing Services has not committed to undertake the proposed land trust. At this time, they have 2-3 single house trusts, and have received a grant to assist in developing the housing trusts. With regard to the membership, Ms. Chock suggested language that was accepted as friendly regarding recommendation of membership to the program oversight committee. Ms. Herrera said it wasn't her intention that the membership go through the Committee, rather she would like to see the decision removed from the political sphere and perhaps have the appointment made by the Chair of the Legislature. She believes the Legislative body is not in a position to have the appropriate knowledge to make the determination of members. 90 March 3, 2009 Ms. Robertson strongly recommended support for the resolution as it would provide a tremendous opportunity for residents to afford to reside in Tompkins County. She said with regard to the trust, the majority of value is in the housing unit that would be owned by families. Mr. Burbank said Ms. Kiefer's suggestions are only a proposal to the NOFA and not critical to the resolution. He hopes the resolution would be passed as the need for housing assistance is long overdue. Mr. Koplinka-Loehr said he supports the resolution, which indicates innovative work and addresses a longstanding need in the county. Ms. Kiefer spoke of Mr. Hattery's concern and said wherever the housing is sited would require conformity with comprehensive plans and local zoning regulations. The location would be fixed and if the land is held it keeps the appreciation down, making it affordable; she doesn't understand his concern. Mrs. McBean-Clairborne said the questions and suggestions are appropriate actions to take as a Legislature for clarification purposes. She believes people do support affordable housing but need to have questions answered. Ms. Robertson said she hopes that people would not vote against the resolution for minor items within the resolution. Ms. Herrera expressed her belief the matter is being politicized by requesting how the members are chosen. She will support the resolution. A roll call vote on the resolution resulted as follows: Ayes — 13, Noes — 2 (Legislators Hattery and Stevenson). RESOLUTION ADOPTED. WHEREAS, the County received Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) in 1993, 1994, 1996, 1997, 1998, and 1999, and through the State of New York in 2000, 2002, 2005, and 2007 for the purpose of continuing its successful existing home -mortgage program for first-time homeowners, and WHEREAS, the County used these funds for homeownership assistance loans, repayment of which began in September 1995 and, under the rules of the HUD Small Cities Program, these program income funds must be re -spent for like purposes as the original grants, and WHEREAS, the Tompkins County Housing Needs Assessment, dated August 1, 2006, emphasizes the need for strategic partnerships, and WHEREAS, the Tompkins County Housing Strategy, dated June 19, 2007, outlines four strategies that can be utilized in combination to achieve our goal to create approximately 4,000 new housing units within the next ten years including a community housing trust and community housing affordability fund, and WHEREAS, a proposal has been developed whereby Tompkins County, Cornell University, and the City of Ithaca would jointly fund both a Community Housing Affordability Program and a Community Housing Trust Program, and WHEREAS, the Community Housing Affordability Program is proposed as a locally funded and administered program that assists with the pre -development costs associated with residential and mixed- use real estate development projects primarily benefiting low- and moderate -income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- to moderate -income households remain affordable to future generations of buyers, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital, and Finance Committees, That Tompkins County shall provide funding to be loaned and/or granted pursuant to designated funding opportunities through a Notice of Funding Availability for 91 March 3, 2009 the Community Housing Affordability Program and the Community Housing Trust Program, in a cumulative amount not to exceed six hundred thousand dollars ($600,000.00) over six years, RESOLVED, further, That Tompkins County accepts and approves the Memorandum of Understanding among the County of Tompkins, the City of Ithaca, and Cornell University with regard to the Community Housing Affordability Program and the Community Housing Trust Program, provided that during the approval process revisions may be made to the Memorandum of Understanding that do not substantially or materially alter the intent or substance of the Memorandum of Understanding and that are reviewed and approved by the County Attorney and the Commissioner of Planning and Public Works, RESOLVED, further, That the appropriate committee of the Tompkins County Legislature recommend appointments, subject to the approval of the Tompkins County Legislature, of three representatives to the Program Oversight Committee, which will serve as the oversight and administration entity for the Community Housing Affordability Program and the Community Housing Trust Program, RESOLVED, further, That the Tompkins County Planning Department will provide administrative support for the Program Oversight Committee for the term covered by the MOU until and unless other arrangements are made by the Program Oversight Committee, RESOLVED, further, That Tompkins County accepts and approves the Notice of Funding Availability for the Community Housing Affordability Program and the Community Housing Trust Program subject to review and modification by the Program Oversight Committee provided that such revisions do not materially change the intent of the Programs and will be subject to County Attorney and Commissioner of Planning and Public Works review and approval, RESOLVED, further, That Tompkins County shall initially capitalize the first year of the Community Housing Affordability Program and Community Housing Trust Program with a cash balance of one hundred thousand dollars ($100,000), such amount to be derived from County's CDBG Homeownership Program Income Funds, and That the Finance Director is authorized and directed to make the following budget adjustment: Revenue 8695 Appropriated Fund Balance $100,000 Appropriation 8695.54400 Program Expense $100,000 RESOLVED, further, That the funding will be for a term of one year with an end date of December 31, 2009, or until the completion of two application cycles, whichever is later, and shall automatically be renewed at a rate of $100,000 per year up to a total of six years, consistent with the terms of the MOU, RESOLVED, further, That the County Administrator or his designee is authorized to execute agreements in order to effect this grant program consistent with this resolution. SEQR ACTION: TYPE II - 20 Recess Mr. Koplinka-Loehr declared a recess at 7:40 p.m. The meeting reconvened at 7:47 p.m. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on February 19th, with most of the discussions reflected in resolutions presented. The Committee received the annual report from the Weights and Measures Department and noted the excellent job being done by Director Don Ellis. She noted revenues were less than anticipated due to business cutbacks and closures and it is hoped the trend does not continue. With the anticipated reductions, the 2010 budget would reflect the decreases. The Committee also approved the request to seek bid proposals for biodiesel fuel for the Alternative Fuel Consortium, which includes the County, local colleges, and schools; a resolution for bid approval would come back to the Committee when complete. 92 March 3, 2009 RESOLUTION NO. 32 - AUTHORIZING ACCEPTANCE OF A (PHASE I) FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO PURCHASE A NEW TWENTY-FOUR FOOT SNOWPLOW WITH UNDERBODY SCRAPER AND SPREADER - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Randall, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the County has received a (Phase I) grant offer from the Federal Aviation Authority (FAA) in the amount of $418,042 to assist with the purchase of a new twenty -four -foot snowplow, and WHEREAS, the budget for purchase of the new snowplow is as follows: Federal Aviation Administration Share $418,042 New York State Department of Transportation Share $ 11,212 Local Share $ 19,218 Total $448,472 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the Federal Aviation Administration of $418,042 be accepted and the County Administrator be authorized to execute the required documents, RESOLVED, further, That the local share of $19,218 has already been factored into the Airport's 2009 operational budget. SEQR ACTION: TYPE II -20 RESOLUTION NO. 33 - AWARD OF BID — NEW TWENTY -FOUR -FOOT SNOWPLOW WITH UNDERBODY SCRAPER AND SPREADER — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Randall. A brief discussion followed concerning the dollar amounts noted in the third Whereas. There was agreement to change the amounts to reflect the same numbers in Resolution No. 32 above and to add a Whereas explaining the intended funds to be received by the Federal Aviation Administration. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Finance Department has duly advertised for bids to purchase a high-speed twenty -four -foot snowplow with underbody scraper and spreader for the Ithaca -Tompkins Regional Airport, and WHEREAS, one (1) responsive bid was duly received as follows: Tracey Road Equipment, Syracuse, New York $448,472 , and WHEREAS, the budget for said snowplow is as follows: Federal Aviation Administration Share $418,042 New York State Depailment of Transportation Share $ 11,212 Local Share $ 19,218 Total $448,472 , and WHEREAS, a Phase II federal entitlement grant, to include the remaining $8,006 Federal share, is expected to be received from the FAA within the next few weeks, 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 93 March 3, 2009 Department of Transportation (NYSDOT), the bid be awarded to Tracey Road Equipment with a bid of $448,472, RESOLVED, further, That the local share be derived from the airport budget and that the Finance Director be authorized to advance payments for this piece of equipment until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -25 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Shinagawa, Chair, said the Committee has not met since the last Legislature meeting. He has been meeting with Personnel and Administration regarding the development of goals and Ms. Kiefer joined him for one meeting. He anticipates two areas of focus, performance management and personnel and employee recognition. In addition, administrative policies will be reviewed, including diversity. He spoke of Mr. Estes, Deputy Personnel Commissioner, and Chair of the Diversity Consortium, having developed a database of twenty diverse candidates and hope to increase the number to one -hundred candidates. It is hoped to have twenty-five percent of County Departments become individual members of the Diversity Consortium. He spoke of a review of Civil Service Law and the feasibility of reform and will be meeting with State representatives. He will provide the goals to members by the next meeting. Mr. Proto inquired if there are any updates regarding the Board of Elections voting machines and training associated with them. He noted Mr. DeWitt, Election Commissioner, is awaiting funds for this training. Mr. Shinagawa said he would try to place this item on an agenda if time allows, or if not possible, would obtain a written update from Board of Elections and provide a report. Mr. Shinagawa said the Committee meeting on March 13th would include discussions on salaries, caucuses, a position in Administration, and the Employee Free Choice Act. RESOLUTION NO. 34 - APPROVAL OF 2009 SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, Section 2.06 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 Performance and Workforce Relations 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 Performance and Workforce Relations Committee, That the following order of succession of County Legislators for the year 2009 or until successors are appointed be approved to serve in the absence of the Chair and Vice Chair: Chair, Health and Human Services Committee Chair, Public Safety Committee Chair, Budget, Capital and Finance Committee SEQR ACTION: TYPE I1-20 RESOLUTION NO. - ESTABLISHING A PROCESS TO FILL VACANCIES OR CHANGE POSITION CLASSIFICATIONS 94 March 3, 2009 MOVED by Mr. Shinagawa, seconded by Mr. Sigler. Mr. Shinagawa indicated Ms. Kiefer has been working on adjusting the resolution to reflect concerns some Legislators share as well as some union employees about the apparent diminution of the reclassification process. Ms. Kiefer explained her amendments and has met with the County Administrator to review her suggestions. She noted Mr. Mareane is not in agreement with her additional "resolved" paragraphs and therefore would like to move to have the resolution go back to committee. Mr. Shinagawa does not want it to go to Committee and believes it could be handled on the floor. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to send the resolution to the Government Performance and Workforce Relations Committee. Ms. Mackesey believes the resolution needs to go back to Committee for further discussion. Ms. Chock asked for more information regarding the resolution and if it has the support of the Commissioner of Personnel. Ms. Herrera spoke of her support of labor; she feels the resolution is an effort to allow the process to work more smoothly. She said it would eliminate the potential for micromanaging and maintain Legislature oversight. She does not support sending it to Committee. Ms. Robertson spoke of having been at both Committee meetings and that not all Committee members were present; she supports sending the resolution back to Committee. Mr. Sigler appreciated what Ms. Robertson said, but believes it has a lot of support within the organization, therefore will support the resolution. Mr. Hattery, noted the Commissioner of Personnel is supportive of the resolution. Mr. Shinagawa said Ms. Kiefer had provided him with the suggested amendments and believes they could be explained for a vote to occur. It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Stevenson, to call the question. A voice vote to call the question resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and Robertson). MOTION TO CALL THE QUESTION APPROVED. A voice vote on the motion to send the resolution back to the Government Performance and Workforce Relations Committee resulted as follows: Ayes — 7 (Legislators Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Proto, and Robertson); Noes — 8 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Randall, Shinagawa, Sigler, and Stevenson). MOTION FAILED. Mr. Shinagawa provided a brief description of the original intent of the resolution and that Ms. Kiefer's recommended changes suggest reclassifications should be determined by the Commissioner of Personnel, with final filling of vacancies determined by the County Administrator. In addition, Ms. Kiefer's suggestions speak of an appeal process as well. He believes the resolution would be acceptable with the suggested changes. Ms. Herrera said that with regard to comments made about temporary members at the Budget, Finance, and Capital Committee, she had arrived at the time set on the agenda, 3:30 p.m., and that others thought the meeting was to begin at 3:00 p.m. Upon arrival the meeting had already started, which she found to be highly irregular. She wanted to be certain the record reflects she was not absent. Ms. Kiefer reviewed her recommendations [noted within the resolution], which Mr. Shinagawa considered to be friendly. 95 March 3, 2009 Ms. Herrera indicated she would like to make a motion to separate the suggestions. Mr. Sigler said the resolution was written and had gone through committee; he did not consider all the recommendations friendly. At this time, Mr. Shinagawa withdrew the resolution to review it at the next Government Performance and Workforce Relations Committee. RESOLUTION WITHDRAWN. WHEREAS, labor costs represent the largest single expenditure in nearly all governmental budgets, including the budget of Tompkins County, and WHEREAS, the County's ability to respond to changing economic and budgetary conditions depends in large measure on its ability to control its labor costs, in part through the strategic management of normal workforce attrition, and WHEREAS, the decision to fill a vacant position currently rests with the affected department head, and WHEREAS, County depailinent heads have managed this process responsibly, basing the hiring decision on both the need for the position and the resources within the department to support the cost of the position, and WHEREAS, while the current decision-making process can and does consider the budgetary resources of the department, the process does not allow for consideration of the overall resources and current and future budget conditions of the entire County, and WHEREAS, a central, fiscally -based review of departmental recommendations to fill vacant and to reclassify existing positions would enhance the County's ability to maintain a balanced budget, and WHEREAS, the fiscal challenges facing the County are expected to grow as the result of a global economic downturn that has had a particularly severe impact on New York State, resulting in a projected 2009-10 State budget deficit of $13.7 billion and increasing the need for the County to respond to rapid budget changes, and WHEREAS, the County Legislature, which is responsible for resource allocation and spending, desires to establish a revised process to review the necessity for filling vacant positions or changing to provide an additional tool to manage the County's finances, and WHEREAS, this process shall include the review and approval of requests to fill any permanently or temporarily unfilled position, including positions unfilled by virtue of the incumbent's disability, Project Assistant positions, or requests to increase hours of existing employees for the purpose of assuming the caseload or workload of a vacated position for the duration of the vacancy, new -therefore -be it and WHEREAS, the County recognizes its obligation to address imbalances between the classification of a job title and the responsibility actually assigned to an incumbent in that title by either reclassifying the position or adjusting responsibilities to reflect the existing classification, and WHEREAS, requests to reclassify an existing position to reflect the actual work responsibilities should continue to be handled by the Personnel Commissioner, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations, and the Budget, Capital, and Finance Committees, That any and all personnel changes, including filling vacant positions and reclassifying existing positions, shall be subject to review by the Commissioner of Personnel and County Administrator, with the final authority for reclassification resting with the Personnel Commissioner and final authority for filling vacancies and deciding if the County can afford the reclassification resting with and final approval by the County Administrator, RESOLVED, further, That the County Administrator shall report to the appropriate standing committee responsible for personnel on a monthly basis regarding the status of all vacant positions or reclassifications requested by department heads, and such report shall be distributed to the full Legislature, RESOLVED, further, That if the County Administrator decides to hold a position vacant, but after three months the effected Department Head believes that decision is negatively effecting the department's ability to meet its obligations, the Department Head may appeal the holding of the vacancy 96 March 3, 2009 to the County Administrator and thereafter, if necessary, to the {Legislature/Legislative Committee responsible for personnel}, RESOLVED, further, That relevant committees shall update related County policies and procedures. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Dennis, Chair, stated an error had been made regarding the meeting time listed on the agenda, that in fact the meeting was originally designated to start at 3:00 p.m. Upon recognition of the error, Mr. Dennis called to notify Ms. Herrera, and Mr. Koplinka-Loehr had designated himself and Ms. Robertson as temporary members to make quorum. Mr. Dennis takes exception to the comments made as a result of a clerical error. Mr. Dennis reported the Health Consortium Consultant, Mr. Locey, explained the work being done to consolidate health insurance and the savings it would provide. As a result of the confusion regarding the meeting time, the Committee agreed to amend the time for meetings to 3:30 p.m. RESOLUTION NO. - SUPPORTING THE "FAIR SHARE TAX REFORM ACT OF 2009" IN THE NEW YORK STATE LEGISLATURE, TO IMPROVE EQUITY IN TAXATION FOR NEW YORKERS AND HELP CLOSE THE STATE'S PROJECTED BUDGET GAP It was MOVED by Mr. Dennis, seconded by Ms. Robertson. Ms. Herrera spoke in support of the resolution but believed it would be too long. Mr. Proto challenged the resolution and procedure, noting if it passed he would bring forward an Article 78. He explained his belief that the Rules of the Legislature state the Chair may make temporary appointments to fill vacancies in a Committee caused by absence when necessity exists, which he stated should be an exception rather than a rule. He spoke of temporary members being present and does not believe it is appropriate to move forward. It was MOVED by Mr. Proto, seconded by Mr. Hattery, to table the resolution indefinitely. A voice vote on the motion resulted as follows: Ayes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Noes — 11. MOTION TO TABLE FAILED. Mr. Proto suggested the procedure was in violation of Rule 13 and asked that any action be deferred until the Legislature Rules and Procedure Committee has reviewed the matter. He strongly objects to having temporary members assigned to Committees when an emergency situation does not exist. Mr. Koplinka-Loehr took the suggestion under advisement but declined to refer the resolution to Committee. Ms. Robertson clarified she was present at the Committee meeting as a result of the resolution she was submitting to the Committee, therefore it was due to the lack of quorum she was appointed a temporary member. She indicated her belief the matter is time -sensitive and should be brought forward now while the State is voting on the issues involved. She believes the information and proposal within the resolution would affect the budget and individual citizens, as it would reduce the strain on the low - /and middle-class workers, and those individuals earning $250,000 and above should pay their share to help resolve the budget gap. Mr. Shinagawa stated he had informed the Legislature he would not be in attendance at the next meeting. He notified Mr. Dennis and left it to his discretion to notify the Chair if he felt temporary appointment of a member was necessary. He acknowledged his support of the resolution. 97 March 3, 2009 Mr. Sigler stated he believes this to be a poor public policy and that it implies a particular group is not paying their fair share of taxes. He would rather see a more progressive tax. In addition, he feels he is responsible to represent not only the 9,000 constituents in his district, but the total County as well and does not feel it is correct to weigh in on a State issue. He believes that it would not raise the money required to offset the deficit, rather, people would be spending less, therefore there would be less revenue from sales tax. Mr. Stevenson said the debate is separate from the issue brought up by Mr. Proto. He would support it if it comes to a vote but asked if it could be sent back to Committee. Mr. Koplinka-Loehr said it could go back but it is the desire of the individual presenting the resolution to go forward at this time. Mr. Proto indicated he is attacking the process, not individuals. He believes in order to raise money, the State should be encouraged to seek internet sales tax as well as individuals who earn cash and do not pay taxes. At this time Mr. Koplinka-Loehr granted Mr. Dennis permission to withdraw the resolution. Mr. Dennis said he will take it back to Committee for further discussion. RESOLUTION WITHDRAWN WHEREAS, New York State faces a budget gap of at least $13 billion in the 2009-2010 fiscal year, and WHEREAS, the Executive Budget proposes billions of dollars in cuts to schools, healthcare providers, and other essential community services, which will lead to increases in class sizes, teacher layoffs, hospital and nursing home closings, longer wait times in emergency rooms, and deep cuts to hundreds of important programs such as housing assistance and homeless shelters, and WHEREAS, the Governor has also proposed some 137 new taxes and fees, such as reinstating the state sales tax on clothing under $110 and increasing fees for license plates, which fall disproportionately on middle- and low-income New Yorkers, and WHEREAS, Governor Paterson has described his budget proposals as necessary to "share the pain" across the citizens of the state, and WHEREAS, during the last 30 years, New York has reduced income tax rates on the wealthiest New Yorkers by more than 50% (from 15.375 percent to 6.85 percent) and eliminated high income tax brackets, so that working class families and the very rich pay the same tax rate. Today, New Yorkers who make more than $40,000 a year are subject to the same marginal tax rate as those who make $400,000 or $40 million, and WHEREAS, New York has replaced this lost revenue over the years by implementing more regressive taxes and fees that disproportionately impact low- and moderate -income New Yorkers, including cost shifts to local governments that force increases in property taxes, as localities struggle to cover costs of essential and mandated services, and WHEREAS, as a result, currently the richest 1% of New Yorkers pay 6.5% of their total income in state and local taxes, while the poorest 20% of New Yorkers pay 12.6% of their income in taxes, and WHEREAS, the Fair Share Tax Reform Act of 2009 (5.2021; A5912 ) would raise more than $6 billion in revenue to nearly halve the projected budget shortfall, while reforming New York's tax code to make it fairer, more progressive and in line with neighboring states, and WHEREAS, the Fair Share Tax Reform Act of 2009 would slightly increase tax rates for the top 3.5 percent of New Yorkers, as follows: • by 1.4 percent for those with taxable income of more than $250,000 (from 6.85 percent to 8.25 percent); • by 2.12 percent for those with taxable income of more than $500,000 (from 6.85 percent to 8.97 percent); and • by 3.45 percent for those with taxable income of more than $1 million (from 6.85 percent to 10.3 percent), and WHEREAS, there is no evidence that moderate tax rate increases at the top levels induce outmigration. In fact, after New York passed a temporary surcharge on higher -income taxpayers in 2003, 98 March 3, 2009 the number of high-income returns grew by 30% while the surcharge was in effect. Evidence from New Jersey shows that since 2004, when that state raised the tax rate on half -millionaires by 2.6%, the number of people earning at least $500,000 has grown by 70% and people have not left the state as a result, and WHEREAS, in December, more than 100 New York State economists, including Nobel -prize winner Joseph Stiglitz, endorsed (http://www.fairsharereform.com/economists) a proposal similar to Fair Share Tax Reform, saying "We are concerned...that steep state budget cuts will exacerbate the economic downturn and harm vulnerable low- and moderate -income New Yorkers....Economic theory and historical experience gives a clear and unambiguous answer: it is economically preferable to raise taxes on those with high incomes than to cut state expenditures.", and WHEREAS, more than 150 of the state's religious leaders endorsed Fair Share Tax Reform in an open letter (http://www.fairsharereform.com/clergy) to Governor Paterson and Albany legislators in December 2008, saying: "We implore you to ask those New Yorkers who are most well-off to share in the sacrifice and give up a little bit more of their income for the good of our State. A slightly higher contribution from New York's wealthiest residents would significantly reduce the need to cut important healthcare and education programs so severely.", and WHEREAS, according to a Quinnipiac poll (http://www.quinnipiac.edu/x1318.xml? ReleaselD=1245) in December 2008, voters support, by 84 to 13 percent, raising the state income tax on people who make more than $1 million per year, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Finance Committee, That the Tompkins County Legislature agrees with Governor Paterson that all New Yorkers should share in sacrifice in these difficult fiscal times, especially those most financially able to do so, RESOLVED, further, That the Tompkins County Legislature calls on the New York State Senate and Assembly to pass the Fair Share Tax Reform Act of 2009, as one of the actions needed to close the state's budget shortfall, raising $6 billion by slightly raising income tax rates for the top 5 percent of New York taxpayers, and therefore eliminating the need for some of the devastating cuts to the most vulnerable of our citizens, RESOLVED, further, That copies of this resolution be sent to Governor David Paterson, New York State Senator Leader Malcolm Smith, Senators Dean G. Skelos, Eric T. Schneiderman, Jeffrey D. Klein, James L. Seward, George H. Winner, Jr., and Michael F. Nozzolio, Assembly Speaker Sheldon Silver, Assemblymember James Tedisco, Assemblywoman Barbara S. Lifton, and New York State Association of Counties. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Robertson, Chair, said the Committee would meet on March 16th at 2:30 p.m. She reported the next Criminal Justice Advisory/Alternatives to Incarceration meeting would have Judge Rossiter who would speak about City Court. RESOLUTION NO. 35 - APPROPRIATION FROM GENERAL RESERVE FUND FOR THE PURCHASE OF SPEED RADAR SIGNS FOR THE TOMPKINS COUNTY SHERIFF'S OFFICE AND THE ITHACA POLICE DEPARTMENT MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. In response to Ms. Kiefer's question, it was noted the funds would purchase two signs. Mr. Sigler stated the signs are radar only, there are no cameras. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Tompkins County STOP -DWI Program is providing the Tompkins County Sheriff's Office and the Ithaca Police Depattinent each with a Speed Radar Sign to promote traffic safety in high-risk areas throughout Tompkins County, and 99 March 3, 2009 WHEREAS, STOP -DWI fine money was collected and placed into a reserve fund and is available for uses that promote public safety, and WHEREAS, funds are intended to cover the full cost for the speed radar signs, and WHEREAS, there are no budgeted funds within the 2009 STOP -DWI Program budget to cover these costs, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital and Finance Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for the purchase of the equipment: FROM: A4250 Reserve Fund $12,000 TO: A4250.52220 Departmental Equipment $12,000 RESOLVED, further, That the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on February 25th. She noted part of Government Performance and Workforce Relations Committee's goals is the same of Workforce Diversity and Inclusion Committee, to eliminate barriers to hiring diverse talent and also having a focus on Civil Service reform. A small group is working with County Administration regarding the Civil Service portion. A large part of the meeting was the discussion regarding a disability accommodation disclaimer needing to be addressed. Discussions regarding the topic would continue not only at the Committee level but within the Administration Cabinet. Mrs. McBean-Clairborne noted the topic would require investigation and perhaps the need to invest in an interpreter or closed -captioning for meetings. She reported a resolution would be coming to the Legislature through the Government Performance and Workforce Relations Committee to provide funding for the Diversity Consortium Roundtable. She said the event would take place on April 7th and would have informational and educational workshops. On April 23rd there would be a World of Skills Job Fair at the Holiday Inn. The New York State affirmative action Conference will be held June 18 and 19 in Binghamton, with new regulations and diversity and inclusion practices. The Committee will meet next on March 25th Report from the Legislative Rules and Procedure Committee Ms. Kiefer, Chair, reported an organizational meeting took place on February 27th. The meetings schedule will be the third Monday of the month from 2:00 p.m. to 3:45 p.m. She asked Legislators to re- read the Rules and if there are items requiring amendments or items to be added to contact Mrs. Covert prior to March 1 1th Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet on March 10 at 3:30 p.m. At this time he is considering the possibility of a special meeting to discuss information on the budget and his request for Department Heads to review information from New York State Association of Counties and report on potential impacts. He asked that the Committee review handouts provided on the subjects and also to review the advisory board liaison list. Additions of Resolution(s) to the Agenda It was MOVED by Ms. Chock, seconded by Mr. Burbank, to add the resolution entitled "Supporting the "Fair Share Tax Reform Act of 2009" in the New York State Legislature, to Improve Equity in Taxation for New Yorkers and Help Close the State's Projected Budget Gap." A voice vote 100 March 3, 2009 resulted as follows: Ayes — 4 (Legislators Burbank, Chock, Robertson, and Shinagawa), Noes — 11. MOTION TO ADD FAILED. Report from the Public Safety Committee — Continued Ms. Robertson, Chair, asked for individuals to notify her regarding liaison appointments; she would appoint individuals if necessary. With regard to the comments relating to Committee and temporary measures, she said there is a lack of clarity of what is the appropriate action to take when the actual members arrive. Mr. Koplinka-Loehr stated he would clarify procedure in a memorandum to members. Intent to File Resolution Ms. Herrera stated she would be bringing forward a resolution relating to Legislator salaries at the next meeting; she expects it to be the one presented previously. Approval of Minutes of February 17, 2009 It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the minutes of February 17, 2009, as corrected. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 9:06 p.m. to 9:15 p.m. Executive Session It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to enter into executive session at 9:15 p.m. to discuss a negotiations. The meeting returned to open session at 9:50 p.m. Adi ournment On motion the meeting adjourned at 9:50 p.m. 101 March 17, 2009 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: 13 Legislators (Ms. Herrera arrived at 5:33 p.m.). Excused: 2 (Legislators Randall and Shinagawa). Presentation of Proclamation(s) Mr. Koplinka-Loehr presented the following proclamation(s): World Water Days for UNICEF Week in Tompkins County — March 22-29, 2009 to Mac Larsen. Mr. Larson accepted the proclamation and said last year they managed to raise $2,400 in the Ithaca area following the presentation of the proclamation and while that may seem like a small amount, UNICEF's multiplier is 40 equating this to 86,000 days of clean water for people in great need. He said 1 2 million are expected to die this year as opposed to last year when the proclamation read 1.5 million children. This is a very worthwhile accomplishment towards the goal of reducing childhood mortality by 50 percent by the year 2015. Earth Hour in Tompkins County — March 28, 2009 — 8:30 p.m. to 9:30 p.m. to Legislator Kiefer. Ms. Kiefer accepted the proclamation and said when the World Wildlife Fund created this event three years ago it was somewhat controversial; but the threat of global warming is now widely recognized. She doesn't think it is trivial to turn off lights for one hour to show support for World wide actions to reduce global warming. She noted one neat thing that happened at Cornell last year was the athletic department rescheduled its workout at Schoelkopf Field so that the bright lights wouldn't be on during that time. Ms. Herrera arrived at this time. Privilege of the Floor by the Public Bethany Schroeder, Town of Ithaca resident, read and submitted the following statement: "For those of you who don't know me, my name is Bethany Schroeder. I am a volunteer with the Ithaca Health Alliance and Free Clinic. I also serve as the president of the board of directors. "Last month I addressed the Tompkins County Legislature in behalf of the members and patients we serve. In my comments I briefly reviewed the eleven -year history of the Health Alliance and our three years of work at the Free Clinic. Today I'd like to give you an update that focuses on trends we are more recently beginning to understand. "In January and February of this year, we served 175 and 176 patients, respectively. Our general Clinic operations are available on Mondays and Thursdays. Physicians cared for between and 8 and 22 patients each shift, depending on the day of the week. Although we did not typically turn patients away, our physicians were required to see patients beyond normal hours, meaning they got home late, as did the rest of our volunteers and staff. In addition to general medical services, our volunteer ancillary clinicians and complementary and alternative practitioners provided services including chiropractic, herbal therapy, acupuncture, physical and occupational therapy, nutritional consultations, and nursing care. Unless a patient canceled at the last minute for one or these services, our volunteers were busy every minute of 102 March 17, 2009 every Clinic shift. Furthermore, roughly two-thirds of the patients we saw during both months were new to the Clinic. "On the one hand, we are fulfilling our covenant with those who helped establish the Free Clinic and with those for whom we want to provide care. On the other hand, we are at full capacity, and we are increasingly challenged to serve all the area residents who visit us. Clinic visitors include the homeless, the jobless, and the many working people who simply do not make enough money to purchase health insurance or else make just a little too much to qualify for state insurance. "On discharge from the Clinic, we conduct a short interview with each patient in hopes of improving care and identifying trends. In February alone, 30 of the 176 patients who visited the Clinic said that had the Clinic not been open, they would have sought care at the Emergency Room or Convenient Care Center. Since these 30 people did not have the funds to pay for care, we estimate that the burden to the local health delivery system would have amounted to a minimum of $12,000. In keeping with this development, donated memberships through the Ithaca Health Alliance for the modest profile of services our members support is markedly up, especially since the last quarter of 2008. By the end of 2008, 26 people received these memberships. Fortunately, one of the area's local businesses made money available to the Health Alliance in order to increase the number of donated memberships to the community at large. We cannot help wondering how long this level of generosity will be available or when our neighbors, friends, and fellow residents will get relief from the many economic burdens they bear." Pete Meyers, City of Ithaca resident and Tompkins County Worker's Center, spoke of the resolution being considered tonight entitled "Supporting the 'Fair Share Tax Reform Act of 2009' in the New York State Legislature, to Improve Equity in Taxation for New Yorkers and Help Close the States Projected Budget Gap". He said this bill would essentially raise the taxes on the top 5% of New York's population and would raise approximately $6 Billion. He urged the County Legislature to make a strong statement on behalf of Tompkins County and support this resolution. Theresa Alt, City of Ithaca resident, spoke in support of the resolution being considered tonight entitled "Supporting the 'Fair Share Tax Reform Act of 2009' in the New York State Legislature, to Improve Equity in Taxation for New Yorkers and Help Close the States Projected Budget Gap". She spoke of a time when State taxes were far more in tune with what people could afford to pay and the State sent money to local governments to do essential things such as education, road maintenance, welfare, etc. Once tax cutting for the uppermost brackets began these expenses got shifted to property and sales taxes. Those two taxes have very little regard to whether an individual is able to pay them. The STAR program was offered to homeowners and while landlords may pay the property tax, the costs are passed along to renters. Property tax is a very blunt instrument and something that there should be far less reliance on. Presentation of Distinguished Youth Award Mr. Hattery, District No. 14 Legislator, presented the March Distinguished Youth Award to sisters Megan Cornelius, age 14, and Emily Morse, age 10, of Dryden, for life-saving efforts that prevented tragic results from a Christmas Eve morning house fire at the Susan Cornelius residence. Past Dryden Fire Chief Ron Flynn, who submitted the nomination, praised their mature and quick -thinking actions—reporting the fire, getting out of the house and awakening the occupant of a basement apartment, all in a very short time. Chief Flynn stated, "Megan's and Emily's efforts saved lives!!! If it were not for their very mature and calm actions, this fire could have produced tragic results, with a fatality involved." Mr. Hattery also thanked the members of the Dryden Fire Department, and all firefighters, for their ongoing sacrifice and dedicated service to the community. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, also thanked all of the paid and volunteer firefighters for their service. He called attention to an article in the Ithaca Journal and thanked Senator Schumer for 103 March 17, 2009 "picking up the ball" on excess electric rates. The Public Service Commission (PSC) is again looking at the increase that Iberdrola is proposing with regard to NYSEG (New York State Electric and Gas) and Mr. Proto encouraged everyone to write a letter to the PSC about the proposed increase. Mr. Proto commented on Saint Patrick's Day being today and that Saint Joseph's Day, which is important to Italians, is tomorrow. He also commented that a constituent of his living in Brooktondale watches the Legislature meetings. Ms. Robertson, District No. 13 Legislator, announced a meeting on natural gas drilling is scheduled for March 26th from 7:00 to 9:15 p.m. at the Ithaca High School Cafeteria. Albert F. Appleton, former New York City Commissioner of Environmental Protection, will be the featured speaker. Other speakers include Barbara Arrindell and Joe Levine of Damascus Citizens for Sustainability. The presentations will be on water resources, watersheds and rural landscapes, and sustainable development. The New York State Department of Environmental Conservation (DEC) issued their draft scope on gas drilling a couple of weeks ago and the Planning, Development, and Environmental Quality Committee received a memo from Scott Doyle of the Planning Department summarizing what is in the draft scope, particularly things that we asked to be included that were not. Ms. Robertson highlighted an article in the paper recently with a headline that read: "New York Understaffed to Handle Gas Rush". One of the issues addressed in the County's resolution sent to DEC related to staffing. In the article it states there are 19 employees that will deal with oil and gas regulations at the DEC. They will have to handle a rush of activities and issuance of permits. The State of Pennsylvania has a larger staff and is in a hiring freeze; however, they are hiring an additional 37 employees to deal with the oversight of drilling in the Marcellus Shale. At this time there is no provision in the New York State budget to hire additional DEC staff to oversee this. Ms. Chock, District No. 3 Legislator, read and submitted the following statement concerning affordable housing and neighborhoods: "Something that came up at the last meeting and I've been asked related to the Affordable Housing MOU should be cleared up, because I think there are some misunderstandings about the issue. "Tompkins County's support for affordable housing will be for new and rebuilt, high quality homes and apartments that will add to the tax base and enhance rural and urban neighborhoods. "When we talk about affordable housing, especially in the context of workforce housing, we're not talking about housing for those at the very bottom, those who can't make ends meet — although that is ALSO an issue we need to be aware of and figure out how to address. These are housing for solid middle class with assistance at the beginning. "The affordable housing that this will address is for those who CAN afford a good, solid middle-class house with some assistance. "Those who will buy these houses under the Housing Trust will be people who have been able to qualify to make regular mortgage payments, pay insurance, pay taxes, and who will understand and care that they can maintain the investment. The Housing Assistance Fund will help to design and plan rental or ownership projects of a similar nature. These projects will add to the tax base in the County. "When Better Housing, INHS, others buy, rehab, and sell homes, these are often the highest quality homes on the block or in the rural neighborhood. They are in the business of improving the housing stock. Their financing helps people who CAN achieve the homeownership dream once given the initial leg up or who can renovate and fix up the homes they already own. The point is to enhance neighborhoods." 104 March 17, 2009 Ms. Chock suggested INHS and Better Housing make a presentation to the Legislature that show before and after slides because it is astounding what they manage to achieve. Mr. Stevenson, District No. 8 Legislator, thanked Legislator Hattery for recognizing the Dryden volunteer fire department; it means a lot to firefighters to be recognized by their local officials. Ms. Robertson followed up on comments made by Ms. Chock regarding the housing program and said the County's share is coming from recycled HUD money from the Homeownership Program not taxpayers money. Report from Municipal Official(s) There was no municipal official present. Presentation — "State of the College" Address by Dr. Carl Haynes, President, Tompkins Cortland Community College (TC3) Dr. Haynes distributed copies of the college's annual report. He outlined some of the challenges facing the College. The good news is the enrollment is growing and fairly significantly. The two factors include: low cost for people wanting to access higher education and because of the layoffs within the community people are looking for retraining. Last year, enrollment grew by 8%, this year it is at least 6% and next year it will likely be 8-10%. That represents a 20-25% increase in a three-year period. The positive side of the growth is that it brings in revenues and the State is funding all full-time equivalent (FTE) students. The challenges include the Governor's proposal to cut 10% of the College's base aid rate per FTE the College receives resulting in an impact of $850,000 for next year. The College does not intend to experience any layoffs. At this time, Dr. Haynes highlighted the six major pillars identified in the report: learning centeredness, our people, strengths, global, partnerships, and technology. He also announced the College will be celebrating its 40`h Anniversary this year and invited Legislators to a celebration on May 2. Legislators thanked Dr. Haynes for the presentation. Mr. Dennis asked if the College was going to develop a curriculum in green construction. Dr. Haynes said the College has a grant and is currently working with the construction technology group. Ms. Kiefer asked if a site in Cortland County had been chosen yet similar to the Tioga Building space occupied in Tompkins County. Dr. Haynes said a proposal is being considered by the County. Ms. Robertson spoke briefly about the Workforce Investment Board youth funding and asked if the College has been working with Workforce Development. Dr. Haynes said he has been working with both Tompkins and Cortland Counties in developing youth programs and commented that within the Stimulus Plan youth has been redefined to include 18-24 year olds. The one area being considered for funding is a program similar to the PACE program. Ms. Chock asked if Dr. Haynes could provide information on what challenges they may be seeing among students including the cost of continuing their education or inability to find jobs. Dr. Haynes said he does not believe there have been any issues with students not being able to continue their education. The one area that is more pertinent are the people who are not attempting to come and access the resources that can be provided. In response to students unable to find jobs, he said he is not able to answer at this time. Surveys are conducted with graduates, but he does not have that information from last year with him Mrs. McBean-Clairborne referenced the pillar "climate" and commended the College for their work and efforts in diversity and inclusion. 105 March 17, 2009 Chair's Report and Appointment(s) Mr. Koplinka-Loehr announced that on April 4 there will be a remembrance and celebration of Constance Cook's life and that May 2 is the Diversity Consortium Roundtable. Mr. Koplinka-Loehr expressed his appreciation to County employees during these difficult economic times. He said he will be appointing a Legislator to the negotiating team for TC3. Legislator Dennis has expressed interest, but if there are others interested to let him know. Mr. Koplinka-Loehr made no appointments. Report from the County Administrator Mr. Mareane reminded Legislators that the quarterly meeting of Legislators and Department Heads is scheduled for April 6 from 3:30 to 5:30 in the Beverly Livesay Conference Room. An agenda will be circulated by the end of the week for that meeting. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires had no report. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by Ms. Herrera, to add the resolution entitled "Supporting the 'Fair Share Tax Reform Act of 2009' in the New York State Legislature, to Improve Equity in Taxation for New Yorkers and Help Close the State's Projected Budget Gap". A voice vote resulted as follows: Ayes — 10; Noes — 2 (Legislators Hattery and Sigler); Temporarily out of the Room — 1 (Legislator Proto); Excused — 2 (Legislators Randall and Shinagawa). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda Mr. Koplinka-Loehr granted permission to the appropriate committee chair to withdraw the following resolutions from the agenda: Approval of Designations of Successors Sponsorship of the 2009 Diversity Consortium Community Roundtable Event 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: Environmental Management Council Joanne Trutko — City of Ithaca representative; term expires December 31, 2010 Recreation Partnership Duane T. Randall - County Legislator; term expires December 31, 2009 Planning Advisory Board Pamela Mackesey - Planning Committee Chair; term expires December 31, 2009 106 March 17, 2009 Water Resources Council Will Burbank — County Legislator; term expires December 31, 2011 Local Emergency Planning Committee Martha Robertson — Public Safety Committee Chair; no set term Advisory Board on Indigent Representation Martha Robertson — County Legislator; term expires December 31, 2009 Emergency Communications Review and Oversight Committee Carol Chock — Public Safety Committee member; term expires December 31, 2011 Traffic Safety Committee (all are Public Safety Committee member representatives) Carol Chock, Mike Sigler; terms expire December 31, 2010 Jim Dennis, Greg Stevenson; terms expire December 31, 2011 Criminal Justice Advisory/Alternatives-to-Incarceration Board Gino Bush — At -large (ex -offender) representative; term expires December 31, 2011 Martha Robertson — Public Safety Committee Chair; term expires December 31, 2009 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. 36 - BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS 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 Government Performance and Workforce Relations, the Public Safety, the Planning, Development, and Environmental Quality, and the Health and Human Services Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6290.43790 Federal Job Training $ 6,250 6290.54400 Program Expense Explanation: New York State is making these funds available to implement a gas card initiative in Tompkins County through June 30, 2009. Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6787.41650 PERS Income $10,000 6787.52219 PERS Units 6779.43803 State Revenue $ 4,303 6779.51000 Salary 6779.43803 State Revenue $91,556 6779.54400 Program Expense Explanation: Reappropriated money to be used in 2009. Reappropriated money to be used in 2009 Restore Program. 107 March 17, 2009 Board of Elections Revenue Acct Title Amt Approp Acct Title(s) 1450.54400 Program Expense $17,744 1452.52220 Election Grants — Departmental Equipment Explanation: Leftover Grant money from 2008 which needs to be moved to 2009 budget. Probation and Community Justice Revenue Acct Title Amt Approp Acct Title(s) 3996.43389 Other Public Safety $ 6,510 3996.54491 Subcontracts Explanation: Appropriation of unused 2007 STOP (Violence Against Women) Grant funds. SEQR ACTION: TYPE II -20 RESOLUTION NO. 37 — AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS PROGRAM MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has provided funding for tourism entirely from the Room Occupancy Tax account, and the County Legislature appoints members to the Strategic Tourism Planning Board (STPB) to make recommendations concerning expenditures from that account, and WHEREAS, the Tompkins County Legislature approved an increase in the Room Tax in 2001 to support the development of tourism products and attractions, among other objectives, including the funding of feasibility studies, seed money, or funding for tourism capital projects, and WHEREAS, the STPB also recognizes the need to encourage the development of tourism products and attractions through the Tourism Capital Projects Grant Program, in order to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and WHEREAS, the STPB has recommended that Tompkins County Area Development (TCAD) continue to administer the Tourism Capital Projects Grants process that has a program budget of $140,276 for 2009, and WHEREAS, STPB will be responsible for recommending grants from this program to the appropriate Legislative committee, and TCAD will administer the application process, will review and analyze the feasibility and economic impact of a project, will provide oversight for each project, and provide such analysis with recommendations to the appropriate Legislative committee, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign an agreement with Tompkins County Area Development (TCAD) pertaining to this program, RESOLVED, further, That, of the total program amount of $140,276, up to $14,027 (10 percent of program expenditures) shall be paid to TCAD for administrative evaluation and oversight services, RESOLVED, further, That the Planning, Development, and Environmental Quality Committee or its successor is authorized to recommend expenditures be made from this Program Account, with the understanding that such expenditures shall be subject to the approval by the Tompkins County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 38 - AWARD OF TOURISM CAPITAL GRANTS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. 108 March 17, 2009 WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant award has been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to the project: Entity Project Kitchen Theatre Pre -construction project for Facility $21,000 SEQR ACTION: TYPE I1-20 RESOLUTION NO. 39 - AUTHORIZING AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANT FOR TOMPKINS CONSOLIDATED AREA TRANSIT AND GADABOUT 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 the American Recovery and Reinvestment Act of 2009 (ARRA), the Secretary of the United States Department of Transportation is authorized to fund capital projects under Federal Transit Administration Section 5307 of Chapter 53, Title 49, of the United States Code, and WHEREAS, the County of Tompkins is the Designated Recipient by the Governor of New York State for the Federal Transit Administration (FTA) Section 5307 urban program and is responsible for proposing how said federal funds are used, and WHEREAS, the County, Tompkins Consolidated Area Transit, Inc. (TCAT), and GADABOUT Transportation Services, Inc. (GADABOUT), agreed to sub -allocate the Federal ARRA funds, (based on their respective bus replacement needs), with 5/6 for TCAT and 1/6 for GADABOUT, and WHEREAS, the County desires to submit a request for a grant of funds to the FTA, in the amount of $1,417,685 to be used for capital projects in 2009 as approved by the Ithaca -Tompkins County Transportation Council and included in the 2007-2012 Transportation Improvement Program as amended on February 26, 2009, and WHEREAS, the source of funds are $1,192,685 in Federal stimulus funds (ARRA) and $225,000 in New York State Department of Transportation State Dedicated Funds, and WHEREAS, the County, as FTA grant recipient, will apply on behalf of Tompkins Consolidated Area Transit (TCAT) and GADABOUT Transportation Services, Inc. (GADABOUT), subrecipients, to receive and use said funds as follows: 109 March 17, 2009 Project Descriptions Federal ARRA NYSDOT SDF TOTAL Purchase Two (2) Hybrid Transit Buses for TCAT $855,000 $ 225,000 $1,080,000 Purchase Three (3) Paratransit Buses for GADABOUT $180,000 $0 $180,000 Preventive Maintenance — TCAT $138,904 $0 $138,904 Preventive Maintenance - GADABOUT Total $18,781 $0 $18,781 $1,192,685 $ 225,000 $1,417,685 , 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 American Recovery and Reinvestment Act of 2009, FTA Section 5307 Grant, in the amount of $1,417,685, 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 and GADABOUT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 40 - AUTHORIZING NEW YORK STATE DEPARTMENT OF TRANSPORTATION AGREEMENT — JOB ACCESS AND REVERSE COMMUTE AND NEW FREEDOM OPERATING ASSISTANCE GRANTS - 2009 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the United States provided Federal funds to New York State to be competitively distributed to municipalities for the purpose of carrying out transit projects pursuant to Sections 5316 and 5317 of Title 49, United States Code, entitled Job Access and Reverse Commute (JARC) and New Freedom programs, respectively, and WHEREAS, New York State Department of Transportation awarded $150,000 in JARC and $50,000 in New Freedom funds to Tompkins County to expand mobility options targeted for low-income individuals and those with disabilities in rural towns of Tompkins County, and WHEREAS, $100,000 is to support Tompkins Consolidated Area Transit's vanpool and $50,000 is for the County's rural feeder projects, which are designed to increase access to employment for welfare recipients and low income persons, as identified through a coordinated planning process, and consistent with the eligible activities described in Federal Transit Authority (FTA) Circular 9050.1 for a term of twenty-two months, and WHEREAS, $50,000 for rural public transportation services beyond those required by the Americans with Disabilities Act of 1990 (ADA), that assist individuals with disabilities with transportation, including to and from jobs and employment support services, as identified through a 110 March 17, 2009 coordinated planning process, and consistent with the eligible activities described in FTA Circular 9045.1 for a term of twenty-two months, and WHEREAS, Tompkins County and the New York State Department of Transportation, as Designated Recipient of the FTA — JARC and New Freedom programs, are entering into an agreement that authorizes the undertaking of the project and payment for the Federal Transit Administration Share for the project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes executing Contract No. C003814, Job Access and Reverse Commute and New Freedom Program grant for a total of $200,000, with the New York State Department of Transportation, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the State of New York for the Project. 2. Any and all agreements between Tompkins County and Tompkins Consolidated Area Transit and GADABOUT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 RESOLUTION NO. 41 — AUTHORIZING APPLICATION FOR NEW YORK STATE DEDICATED TRANSIT FUNDING FOR TOMPKINS CONSOLIDATED AREA TRANSIT, INC., YEAR 11, 2006/2007 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $325,000 for State Fiscal Year 2006/2007 to purchase buses and improve transit facilities in Tompkins County, and WHEREAS, Tompkins County, wishes to apply for $325,000 in State Dedicated funds (SDF) on behalf of Tompkins Consolidated Area Transit, Inc., to plan and make public improvements to the public transportation system, and WHEREAS, the $325,000 State Dedicated Transportation Fund grant will reimburse 100% of the cost of proposed nroiects as follows: Project Description SDF Funds Purchase (1) 40 ft. low -floor hybrid electric diesel replacement bus $225,000 Purchase Smartcard Fare Collection Equipment $100,000 Total $325,000 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the application for $325,000 in State Fiscal Year 2006/2007 State Dedicated Transportation Funds SDF to the New York State Department of Transportation for the above -listed project, RESOLVED, further, That Tompkins County will accept SDF funds through a supplemental contract agreement with the New York State Department of Transportation (NYSDOT) after the State's approval of the grant application, RESOLVED, further, That Tompkins County will reimburse Tompkins Consolidated Area Transit one -hundred percent of the project cost after the County receives SDF funds from New York State Department of Transportation. SEQR ACTION: TYPE II -20 111 March 17, 2009 RESOLUTION NO. 42 - APPROPRIATION OF 2009-2010 BUDGETS FOR THE ITHACA- TOMPKINS-COUNTY TRANSPORTATION COUNCIL 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 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 2009-2010 fiscal year, beginning April 1, 2009, and ending March 31, 2010, in the amounts of $265,943 from the Federal Highway Administration, $4,656 Statewide Planning Research funds, and $41,983 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 09-2, APPROVAL OF THE 2009-2010 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 2009 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2009, through March 31, 2010. SEQR ACTION: TYPE I1-20 Resolution No. 42 ATTACHMENT A 2009-2010 ITCTC OPERATING BUDGET 112 Current Year Funds CODE DESCRIPTION 09/10 FHWA 09/10 FTA 09/10 SPR 09/10 TOTAL .4959 REVENUES: FEDERAL AID $265,943 $41,983 $4,656 $312,582 EXPENSES: COMBINED SALARIES 180,731 24,645 205,376 .8800 FRINGE 65,063 8,872 73,935 .2206 COMPUTER EQUIPMENT 0 0 0 .2210 OTHER EQUIPMENT 0 0 0 .2214 FURNITURE & FIXTURES 500 0 500 .2230 COMPUTER SOFTWARE 0 0 0 .4302 OFFICE SUPPLIES 750 750 1,500 .4330 PRINTING 500 500 1,000 .4332 BOOKS/PUBLICATIONS 800 0 800 .4400 PROGRAM EXPENSE 0 0 0 .4486 SCI 2,500 0 2,500 .4601 RESCISSION RELIEF 4,656 4,656 112 March 17, 2009 .4402 LEGAL ADVERTISING 2,000 0 2,000 .4412 TRAVEL/TRAINING 1,000 1,500 2,500 .4414 LOCAL MILEAGE 750 750 1,500 .4416 PROFESSIONAL DUES 200 500 700 .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 1,000 1,000 2,000 .4452 POSTAGE SERVICES 534 1,466 2,000 .4472 TELEPHONE 615 1,500 2,115 .4618 INTERDEPARTMENTAL CHARGE 500 500 1,000 .4905 CENTRALLY DISTRIBUTED ITEMS 3,000 0 3,000 TOTAL EXPENSES $265,943 $41,983 $4,656 $312,582 RESOLUTION NO. 43 - OPPOSING GOVERNOR PATERSON'S PROPOSED YOUTH PROGRAMS BLOCK GRANT AND RETROACTIVE ELIMINATION OF THE COMMUNITY OPTIONAL PREVENTIVE SERVICES (COPS) PROGRAM MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Governor Paterson has submitted his budget recommending a "Youth Programs Block Grant" and WHEREAS, this proposed Block Grant recommends a January 1, 2009, effective date that leaves many programs uncertain of funding and of their existence, and WHEREAS, this proposed block grant would combine youth development, prevention, and intervention services of (Youth Development and Delinquency Prevention — YDDP; Special Delinquency Prevention Programs — SDPP; Runaway and Homeless Youth Act — RHYA; Alternatives to Detention and Alternatives to Residential Placement) with state -mandated services (Secure and Non -Secure Detention Services provided by the Department of Social Services), and WHEREAS, the Block Grant would repeal key provisions of New York State Executive law that provide for per capita funding for the County, and its municipalities, and administrative aid for the county and city youth bureaus, jeopardizing the legal framework and cost-sharing partnership that has assured prevention, youth development, and intervention services for all you in New York State for over sixty years, and WHEREAS, the total allocation statewide would be reduced by 24.5 percent, and WHEREAS, the combination of detention and prevention services recommended in this proposed block grant is detrimental to our young people, and WHEREAS, the proposal of combining mandated, non -secure and secure detention with development and prevention funding will pit comprehensive community-based youth development and prevention programs against the more costly detention programs, and WHEREAS, Governor Paterson has also proposed the elimination of the Community Option Preventive Services (COPS) program retroactive to October 2008, and WHEREAS, COPS state aid is used by the Department of Social Services to contract with agencies providing intensive prevention services designed to reduce placements in foster care and institutions costing $100,000 or more/year/youth, and 113 March 17, 2009 WHEREAS, Youth Development, Prevention, Early Intervention, and COPS programs are essential and cost-effective components of our system of services for youth and families, and WHEREAS, a 24.5 percent reduction in administrative state aid would reduce the County Youth Services Department's capacity to leverage other grants and resources to support critical services such as housing for homeless youth, and WHEREAS, the Tompkins County Legislature believes that providing services and programs for youth is an investment, not only in delinquency prevention, but also in the development of our young people in all ways thus enriching our society and nation, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature hereby requests Governor Paterson and the New York State Legislature to eliminate the concept of this proposed Block Grant, RESOLVED, further, That the Governor and Legislature re -affirm support for Executive Law 420 Article 19a to maintain the current Youth Bureau System, which is in the best interest of the over 8,000 youth served by Youth Development and Prevention Services in Tompkins County, RESOLVED, further, That copies of this resolution be sent to Governor David Paterson, Senator Malcolm Smith, Senator Dean Skelos, Senator Carl Kruger, Senator Velmanette Montgomery, Senator James Seward, Senator Michael Nozzolio, Senator George Winner, Assemblyman Sheldon Silver, Assemblyman James Tedisco, Assemblyman Herman D. Farrell, Jr., Assemblyman William Scarborough, Assemblywoman Barbara Lifton, Chief Budget Examiner Daniel Sheppard, New York State Association of Counties, Association of New York State Youth Bureaus, and Municipalities in Tompkins County. SEQR ACTION: TYPE II -20 ********** Report and Presentation of Resolutions(s) from the Government Performance and Workforce Relations Committee Ms. Kiefer, Vice Chair, reported the Committee met on March 13. She reminded committee chairs whose committees have policies to review to make sure that policy revisions come forward because the Government Performance and Workforce Relations Committee can't act on them until program committees act. The Committee discussed briefly a resolution concerning the open meetings law as well as the other resolutions reflected on the agenda. RESOLUTION NO. 44 - ESTABLISHING A PROCESS TO FILL VACANCIES OR CHANGE POSITION CLASSIFICATIONS MOVED by Ms. Kiefer, seconded by Mr. Sigler. Ms. Herrera asked for a summary of the changes in the resolution since it was last considered. Ms. Kiefer clarified that the Commissioner of Personnel will review reclassifications for the purpose of civil service and personnel policy compliance and the County Administrator will review them for the purpose of budgetary and organizational matters. The implication is that the County Administrator will have the final say, but the resolution outlines an appeal process. If a position remains vacant for three months and the department head feels the continued vacancy is having a deleterious affect on the department's ability to get the work done an appeal is possible. The appeal would first go to the County Administrator, and next, if necessary, to the Legislative Committee that deals with personnel. Ms. Herrera said she was at the original Budget Committee meeting where this was discussed and said it appeared that the intention was to streamline a process. She supports an appeals process, however, she believes the process sounds more complicated now and has not been streamlined. Ms. Kiefer did not believe it was to streamline the process but that the intention was to make sure the County's overall financial situation was being considered. Mr. Mareane said the appeals process is an appropriate safeguard, it is a safety check and likely won't be utilized frequently. He does not believe that it will not slow things down. 114 March 17, 2009 In response to a concern and request by Mr. Proto, Mr. Mareane said he will report monthly on these positions to the Legislature, including which positions are being held and which are in the appeals process. A voice vote resulted on the resolution as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Randall and Shinagawa). RESOLUTION ADOPTED. WHEREAS, labor costs represent the largest single expenditure in nearly all governmental budgets, including the budget of Tompkins County, and WHEREAS, the County's ability to respond to changing economic and budgetary conditions depends in large measure on its ability to control its labor costs, in part through the strategic management of normal workforce attrition, and WHEREAS, the decision to fill a vacant position currently rests with the affected department head, and WHEREAS, County department heads have managed this process responsibly, basing the hiring decision on both the need for the position and the resources within the department to support the cost of the position, and WHEREAS, while the current decision-making process can and does consider the budgetary resources of the department, the process does not allow for consideration of the overall resources and current and future budget conditions of the entire County, and WHEREAS, a central, fiscally based review of depai tniental recommendations to fill vacant and to reclassify existing positions would enhance the County's ability to maintain a balanced budget, and WHEREAS, the fiscal challenges facing the County are expected to grow as the result of a global economic downturn that has had a particularly severe impact on New York State, resulting in a projected 2009-10 State budget deficit of $13.7 billion and increasing the need for the County to respond to rapid budget changes, and WHEREAS, the County Legislature, which is responsible for resource allocation and spending, desires to establish a revised process to review the necessity for filling vacant positions to provide an additional tool to manage the County's finances, and WHEREAS, the County recognizes its obligation to address imbalances between the classification of a job title and the responsibility actually assigned to an incumbent in that title by either reclassifying the position or adjusting responsibilities to reflect the existing classification, and WHEREAS, this process shall include the review and approval of requests to fill any permanently or temporarily unfilled position, including positions unfilled by virtue of the incumbent's disability, Project Assistant positions, or requests to increase hours of existing employees for the purpose of assuming the caseload or workload of a vacated position for the duration of the vacancy, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations, and the Budget, Capital, and Finance Committees, That any and all personnel changes, including filling vacant positions and reclassifying existing positions, shall be subject to review and approval by the Commissioner of Personnel for the purpose of civil service and personnel policy compliance and County Administrator for the purpose of budgetary and organizational management, RESOLVED, further, That the County Administrator shall report to the appropriate standing committee responsible for personnel on a monthly basis regarding the status of all vacant positions or reclassifications requested by department heads, and such report shall be distributed to the full Legislature, RESOLVED, further, That if the County Administrator decides to hold a position vacant, but after three months the effected Department Head believes that decision is negatively affecting the department's ability to meet its obligations, the Department Head may appeal the holding of the vacancy to the County Administrator and thereafter, if necessary, to the Legislative Committee responsible for personnel, RESOLVED, further, That relevant committees shall update related County policies and procedures. SEQR ACTION: TYPE II -20 115 March 17, 2009 RESOLUTION NO. 45 - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2010 MOVED by Mr. Dennis, seconded by Mr. Hattery. The following substitute resolution was MOVED by Ms. Herrera, seconded by Ms. Kiefer: RESOLUTION NO. - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2010 WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and another self- monitoring study in 2006 determined that a Legislator's position qualified as being fulltime, and WHEREAS, New York State now requires a minimum of 30 hours per week to be worked by elected officials in order to qualify for fulltime New York State Retirement credit, and WHEREAS, it is reasonable (and allows broad representation from citizens from all backgrounds) to allow a person to be able to serve as an elected Tompkins County Legislator and also hold a half-time job, and WHEREAS, the most recently determined "living wage" (April 23, 2007) for a single fulltime wage earner in Tompkins County, as determined by Alternatives Federal Credit Union, is $20,450, and WHEREAS, an annual Cost of Living Adjustment (COLA) for County Representatives is a reasonable way to recognize this time commitment, and WHEREAS, inflation for 2005-2007 averaged 3.5% (small cities index) and the social security COLA for 2009 is 5.8%, and WHEREAS, the average legislative salaries in 2008 in twelve relevant chartered counties with County Executives (theoretically less demands on legislators than with an appointed County Administrator) was $25,055 per year, and WHEREAS, the January 1, 2009, through December 31, 2009, Legislative salary is set at $18,700, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $19,450 January 1, 2011 -December 31, 2011: $20,200 January 1, 2012 -December 31, 2012: $20,950 January 1, 2013 -December 31, 2013: $21,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 Ms. Herrera said according to her calculation, a legislator working 40 hours per week on County business earns approximately $8.99 per hour. She said in these economic times there is a danger that 116 March 17, 2009 there may be elimination of the kind of representation by people who have a more intimate awareness and connection with the effects of a downturn in the economy and also who are more profoundly affected by fluctuations and rises in particular in tax rates in the County. She also said Legislature salaries are not presently consistent with a livable wage but this is a starting point. She thinks this resolution represents more humane compensation and is more inclusive in terms of class and race. Ms. Robertson expressed her opposition to the substitute resolution. Ms. Mackesey understands Ms. Herrera's comments and also believes it is important to have a more diverse Legislature. The concern she has is there needs to be a limit to the amount of salary that can be paid to a Legislator. If there was a proposal to reduce the size of the Legislature, she would be supportive of the proposed dollar amount. Ms. Chock said in other years she would support keeping the reimbursement at a rate that would allow all interested people in different circumstances and considering doing this kind of work. She said the County may be asking its employees to look for areas to cut and in this year when we are seeing major layoffs by local employers and other cuts, that this Legislature needs to do their share too. Ms. Kiefer spoke of a goal the Legislature set several years ago to broaden representation from the community on the Legislature, which is done by gradually increasing the salary. However, that attempt has not quite been reached. She tried to find a middle ground between what the Committee approved and what Ms. Herrera is offering and will offer a substitute or an amendment at the appropriate time. Mrs. McBean-Clairborne said she will support the substitute resolution proposed by Ms. Herrera. She doesn't like this to be characterized as just trying to attract a diverse pool of candidates. People who are working as Legislators deserve to be paid. She will not agree to not compensate Legislators for the work they do. When she first ran for the Legislature, she did because it was a public service position that offered some kind of compensation. There were several factors considered when she ran. She hopes that the Legislature would also not agree to not give its employees a raise. Mr. Hattery pointed out that the original resolution as offered by Mr. Dennis at zero percent was a resolution the Government Operations Committee discussed and considered in 2008. Ms. Robertson believes this is not the time to consider raising salaries and noted that the State Governor has voluntarily taken a ten percent pay cut this year, the Dryden School Board is proposing for the coming school year salary increases only where it is contractually required, and the Superintendent is refusing a $10,000 raise already budgeted. She spoke briefly about the proposed substitute resolution and said over a four-year period it equals $112,500, not including what the Legislature Chair would receive. Mr. Proto said he sympathizes with the comments made by Mrs. McBean-Clairborne and noted she did not imply that money should be the first motivation for running for election to the County Legislature. He expressed concern with the message that is being sent to County employees. The bank that he is employed by did not give any raises. He spoke of the difficulties in the economy and the impact it has had on many people. He does not support an increase in the Legislature's salary at this time, and would prefer to Table the resolution until after July when the implications of the State budget are known. Mr. Burbank agreed with many of Mr. Proto's comments. He spoke of the philosophical debate of advocating diversity on this Legislature while at the same time trying to serve the public that is undergoing enormous stress. The amount of money is small but the action is symbolic. He appreciates the hard work put into Ms. Herrera's proposal and the proposed substitute that will be offered by Ms. Kiefer, but said he cannot support either proposal. He said when compared to most counties in New York State, Tompkins County is already on the higher end of pay for Legislator compensation. 117 March 17, 2009 Ms. Kiefer called the Question, seconded by Mr. Sigler. A voice vote resulted as follows: Ayes — 10; Noes — 3 (Legislators Chock, McBean-Clairborne, and Proto); Excused — 2 (Legislators Randall and Shinagawa). MOTION TO CALL THE QUESTION CARRIED. A vote on the substitute resolution resulted as follows: Ayes — 3 (Legislators Herrera, McBean- Clairborne, and Koplinka-Loehr); Noes — 10; Excused — 2 (Legislators Randall and Shinagawa). MOTION TO SUBSTITUTE FAILED. Ms. Kiefer said it is easy at this difficult economic time to consider a zero percent increase for the next four-year term. However, she is optimistic about the economy and while she doesn't think things will get better immediately, she thinks 2012 will be better than they are now. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to offer the following substitute resolution: RESOLUTION NO. - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2010 WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for a 4 -year term commencing on January 1, 2010, and WHEREAS, in recent years Tompkins County Legislative salaries have been set with the intention of allowing broad representation from citizens from all backgrounds to be able to serve as an elected Tompkins County Legislator, and WHEREAS, the 2009 salary for a Tompkins County Legislator is $18,700, and WHEREAS, the ongoing economic meltdown nationally and globally makes it impossible to predict with any assurance the County's ability to raise revenues to support salary increases in the near term, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall remain unchanged for 2010 and 2011 and shall be increased by only $500 each succeeding year, as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $18,700 January 1, 2012 -December 31, 2012: $19,200 January 1, 2013 -December 31, 2013: $19,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 Mr. Koplinka-Loehr said Michael Lane, former Legislator, is in attendance and looked closely at this issue in 1996. He spoke of his personal situation when he ran for office back in 1997 and said he ran for office knowing it was the intention of the Legislature to give a modest level of compensation and said it would have been difficult for him to consider such a position if the amount of compensation was not increased given the amount of time required. Ms. Chock said she would like to share Ms. Kiefer's optimism but also fears there could be inflation before this is over. It is important to set the amount now and not put it off until July; there are people deciding right now about whether or not to run for office. She said it cannot be raised once adopted but it can be lowered. She would be in favor of a compromise. 118 March 17, 2009 Mr. Dennis spoke for Legislator Shinagawa who is not in attendance, but submitted the following statement: "I apologize for not being able to attend tonight's meeting. While I can not vote on the issue of legislator salaries today, I want to make sure my position is clearly on the record. Out of the Government Performance and Workforce Relations Committee, I supported the "no increase over four years" resolution. I believe that as elected officials of the public, it is our responsibility and duty to demonstrate and show our constituents that we are attune to their struggles and hardships. Across this land, families not only face salary freezes but also the loss of jobs. It is difficult for me to authorize my own pay increase, paid for by taxpayers, when people in our very county are struggling to get by. The sum of money may be small --however, it is symbolic of our overall approach to spending public dollars as legislators. I want the public to have faith that I, and this Legislature, are responsible stewards of public dollars in these trying times. Therefore, I support no increases over 4 years. If that does not pass tonight, I am in favor of at least a two-year freeze with very moderate increases after that. Even a freeze for just two years demonstrates that this legislature understands the hardships our residents are facing. Thank you." Mrs. McBean-Clairborne stated that she, too, is a County resident and feels the struggles as well. Ms. Mackesey said she will support substitute resolution as it is a compromise. Ms. Robertson said she understands both sides of the argument, agrees this is a compromise and that if times are still bad in two years the scheduled raises could be returned. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to amend the substitute resolution to include an annual $300 increase over the four-year term. A voice vote resulted as follows: Ayes — 3 (Legislators Herrera, McBean-Clairborne, and Koplinka-Loehr); Noes — 10; Excused — 2 (Legislators Randall and Shinagawa). AMENDMENT TO THE SUBSTITUTE RESOLUTION FAILED. It was MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, to amend the substitute resolution to change the salary for the four-year period as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $19,000 January 1, 2012 -December 31, 2012: $19,500 January 1, 2013 -December 31, 2013: $20,000 A voice vote resulted as follows: Ayes — 3 (Legislators Chock, Herrera, and McBean- Clairborne); Noes — 10; Excused — 2 (Legislators Randall and Shinagawa). AMENDMENT TO THE SUBSTITUTE RESOLUTION FAILED. A voice vote on the substitute resolution proposed by Ms. Kiefer resulted as follows: Ayes — 5 (Legislators Chock, Kiefer, Mackesey, Robertson, and Koplinka-Loehr); Noes — 8 (Legislators Burbank, Dennis, Hattery, Herrera, McBean-Clairborne, Proto, Sigler, and Stevenson); Excused — 2 (Legislators Randall and Shinagawa). MOTION TO SUBSTITUTE THE RESOLUTION FAILED. A roll call vote resulted as follows on the original resolution: Ayes — 7 (Legislators Burbank, Dennis, Hattery, Proto, Robertson, Sigler, and Stevenson); Noes — 6 (Legislators Chock, Herrera, Kiefer, Mackesey, McBean-Clairborne and Koplinka-Loehr); Excused — 2 (Legislators Randall and Shinagawa). RESOLUTION LOST. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and 119 March 17, 2009 WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $18,700 January 1, 2012 -December 31, 2012: $18,700 January 1, 2013 -December 31, 2013: $18,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010 shall be one and one-half the salary of a Legislator not serving as Chairman, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget, Capital and Finance Committee Mr. Dennis, Chair, deferred his Committee report. RESOLUTION NO. 46 - SUPPORTING THE "FAIR SHARE TAX REFORM ACT OF 2009" IN THE NEW YORK STATE LEGISLATURE, TO IMPROVE EQUITY IN TAXATION FOR NEW YORKERS AND HELP CLOSE THE STATE'S PROJECTED BUDGET GAP MOVED by Mr. Dennis, seconded by Ms. Robertson. Mr. Koplinka-Loehr responded to Mr. Proto's question about the vote to add this resolution to the agenda and stated there were ten votes in favor and two opposed. Ms. Robertson said a similar resolution was approved by the Town of Ithaca. She corrected a statement made by Pete Meyers under privilege of the floor and said that 3.5% of New Yorkers would be affected not 5%. Since this resolution was written Governor Paterson has withdrawn his proposal for 137 regressive taxes and fees. There is also a resolution by Senator Klein that would do similar work at the top end but doesn't raise enough revenue to avoid the worst cuts. Assemblywoman Lifton's office said the number of people in Tompkins County is approximately 500 people whose taxes would go up if this passes. Mr. Burbank said it is important to deal with this at the local level because we are feeling the effects of cuts being shifted to the localities. Over the past 20 years the tax system in New York State has become increasingly regressive, less fair, and more hurtful to people. He shared some information from the Fiscal Policy Institute. The overall tax system has regressed because of local heavy reliance on property taxes, sales taxes, and fees. While no one likes to be in favor of tax we have to look about who is most able to pay. Ms. Kiefer was excused at 7:55 p.m. Mr. Sigler believes the resolution is based on 2006 projections and incorrect assumptions and does not believe it is going to raise $6 Billion. He said if the point of taxes is to pay for what a government does there is no point in doing this. If this is meant to modify behavior he is not sure what kind of behavior it is trying to modify. This is going to raise less and less money as it goes along because more and more people will not pay this in New York State. There is no question why North Carolina is a 120 March 17, 2009 high-tech state, 114,000 people moved out of California last year, or that New York State is going lose another two Congressmen in the 2010 census. You are going to tax the people that do the most fiscally for the State. He said for every one person lost under this it will take three people to make up that loss in income. He referenced the following document: E.J. McMahon Testimony: Proposed Income Tax Increases and said it is available at http://www.empirecenter.org/Documents/PDF/McMahon-Tax- Testimony.pdf. Mr. Proto believes attention is being directed at the wrong set of items. Not everyone who lives in apartments is of the lower income. As an apartment owner, other areas need to be considered other than taxes such as increased costs for utilities and insurance. There also needs to be concern expressed for the level of income and contribution level for not -for -profits. The State is not focusing on the number of State authorities off budget or land -banked properties. Of the 62 counties, there are a lot that are holding properties that will not be used, but are receiving tax exemptions of one way or another. This is an income source for communities and the State. In the early 1970's there was the introduction of the Federal 501c list of organizations and categories that receive an exemption, most of the entities receiving the exemptions in some cases were business entities that used to pay a business tax. The company or corporation is exempt from the corporate tax but the employees are paying income taxes. It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, to Call the Question. A voice vote resulted as follows: Ayes — 6 (Legislators Chock, Dennis, Mackesey, McBean-Clairborne, Robertson, and Stevenson); Noes — 6 (Legislators Burbank, Hattery, Herrera, Proto, Sigler, and Koplinka-Loehr); Excused — 3 (Legislators Kiefer, Randall, and Shinagawa). MOTION TO CALL THE QUESTION FAILED. Following further discussion, a roll call vote resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Herrera, Mackesey, McBean-Clairborne, Robertson, Stevenson, and Koplinka-Loehr); Noes — 3 (Legislators Hattery, Proto, and Sigler); Excused — 3 (Legislators Kiefer, Randall, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, there is no evidence that moderate tax rate increases at the top levels induce outmigration. In fact, after New York passed a temporary surcharge on higher -income taxpayers in 2003, the number of high-income returns grew by 30% while the surcharge was in effect. Evidence from New Jersey shows that since 2004, when that state raised the tax rate on half -millionaires by 2.6%, the number of people earning at least $500,000 has grown by 70% and people have not left the state as a result, and WHEREAS, in December, more than 100 New York State economists, including Nobel -prize winner Joseph Stiglitz, endorsed a proposal similar to Fair Share Tax Reform, saying "We are concerned...that steep state budget cuts will exacerbate the economic downturn and harm vulnerable low - and moderate -income New Yorkers....Economic theory and historical experience gives a clear and unambiguous answer: it is economically preferable to raise taxes on those with high incomes than to cut state expenditures.", and WHEREAS, more than 150 of the state's religious leaders endorsed Fair Share Tax Reform in an open letter to Governor Paterson and Albany legislators in December 2008, saying: "We implore you to ask those New Yorkers who are most well-off to share in the sacrifice and give up a little bit more of their income for the good of our State. A slightly higher contribution from New York's wealthiest residents would significantly reduce the need to cut important healthcare and education programs so severely.", and WHEREAS, according to a Quinnipiac poll in December 2008, voters support, by 84 to 13 percent, raising the state income tax on people who make more than $1 million per year, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Finance Committee, That the Tompkins County Legislature agrees with Governor Paterson that all New Yorkers should share in sacrifice in these difficult fiscal times, especially those most financially able to do so, RESOLVED, further, That the Tompkins County Legislature calls on the New York State Senate and Assembly to pass the Fair Share Tax Reform Act of 2009, as one of the actions needed to close the state's budget shortfall, raising $6 billion by slightly raising income tax rates for the top 5 percent of New 121 March 17, 2009 York taxpayers, and therefore eliminating the need for some of the devastating cuts to the most vulnerable of our citizens, RESOLVED, further, That copies of this resolution be sent to Governor David Paterson, New York State Senator Leader Malcolm Smith, Senators Dean G. Skelos, Eric T. Schneiderman, Jeffrey D. Klein, James L. Seward, George H. Winner, Jr., and Michael F. Nozzolio, Assembly Speaker Sheldon Silver, Assemblymember James Tedisco, Assemblywoman Barbara S. Lifton, and New York State Association of Counties. SEQR ACTION: TYPE II -20 RESOLUTION NO. 47 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY MOVED by Mr. Dennis, seconded by Mr. Stevenson. Mr. Proto disclosed his employment by HSBC Bank and that his wife works with Tompkins Trust Company and neither receive any direct compensation related to this resolution. Mr. Koplinka-Loehr believes it does not constitute a conflict. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Legislators Kiefer, Randall, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That the Cash Management and Investment Policy dated January 2009, is hereby adopted. SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, deferred her report to next meeting. Report from the Public Safety Committee Ms. Robertson, Chair, said the Committee met yesterday and said the Sheriff brought a proposal forward for discussion as part of the America Reinvestment Recovery Act and it will come to the Legislature at the next meeting. The Committee discussed the criminal justice system and what questions committee members have about what works well and what doesn't. The Committee is also looking at data inventory and how to get that information organized. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee will meet next week. Report from the Legislative Rules and Procedures Committee Mr. Proto, Member, reminded Legislators that if anyone has suggestions for the Rules of the Legislature or Code of Ethics to submit them to the Clerk of the Legislature. 122 March 17, 2009 Report from the Health and Human Services Committee Mr. Proto, Chair, said the youth services block grant action by the state reduces funding by almost 25% and the concern is that it will pit organizations against each other. The Health Department asked to seek proposals for pre-school and early intervention program transportation. There is a proposal to work with the school districts about using school buses to transport some of the children. Under a Federal grant, Ms. Zahler asked permission to apply for the Community Coalition for Healthy Youth; there is no local match. The second half of the meeting the Committee spent time on hearing the impacts of the Governor's proposed budget on the departments that report to the Committee. David Stoyell of the Office for the Aging reported that the member item had been restored. The next Committee meeting is April 14. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, said she did not have a report. The Committee will this Thursday at 3:30 p.m. Approval of Minutes It was MOVED by Ms. Robertson, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of the March 3, 2009, meeting as corrected. MINUTES APPROVED. Adi ournment The meeting adjourned at 8:30 p.m. 123 April 7, 2009 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. Moment of Silence Chair Koplinka-Loehr asked for a moment of silence for the 13 victims of the recent tragedy at the American Civic Center in Binghamton, New York. Privilege of the floor by the Public The following individuals spoke in favor of the resolution entitled: In Support of Employee Free Choice Act (H.R. 1409; S.560): • Kate BronFenbrenner of Ithaca, Cornell I & LR, with 20 years of research and study in labor relations, stated the National Labor Relations Act is not effective and the Employee Free Choice Act would provide needed support to workers. • Carl Feuer, City of Ithaca, spoke of how the proposed Legislation would provide for much the same procedure that has existed in New York State for the past forty years. He spoke of how it would provide employee with a democratic process that could not be vetoed by employers. • Pete Meyers, City of Ithaca and Tompkins County Workers Center, said that since May of 2003 he has spoken to close to 1,200 individuals who have had difficulties with employers. Many of them would have a positive outcome if involved with a labor union. He said unions provide concerted action to assist in giving employees things they need and/or want. • Richard Rose, First Baptist Church Pastor, said adoption of the Employee Free Choice Act would provide employees the right to make a choice without fear, and is critical for human rights. • Cathy Valentino, Town of Ithaca, spoke of her father's involvement with the steelworker union and the importance it played in workers' lives during the post World War II era. She believes the passage of the Employee Free Choice Act would provide a level playing field between employer/employee. • Doria Higgins, Ithaca, finds it appalling that these problems exist, and supports the resolution and urged it be adopted. • John Neuman, Chamber of Commerce Board Members and member of the Government Affairs Committee of the Chamber of Commerce, spoke of being supportive of unions but is concerned about the card check that removes secret voting. He said a resolution passed by the Chamber Board was provided to Legislators prior to this meeting. The proposed legislation indicates workers' votes come into public scrutiny and he believes it should be kept secret. • Susan Begg, City of Ithaca, spoke of her affiliation as a master mason pilot union member. She said unions are not just about wages and benefits but also provide for daily needs in jobs such as hers; it assisted in ensuring appropriate meals, housing, etc., while out on the boats at sea for more than 120 days at a time. • David Marsh, member of the Laborer's union and President of the Tompkins County Building Trades Council, spoke of his having grown up on a farm and deciding to do something different. The union provided him with the skills that enabled him to provide for his family. He stressed that passage of the Act would not mean everyone would decide to unionize immediately. 124 April 7, 2009 • Gary Temple, Groton, said at the present time voting on unions is not secret. Many individuals in support of unions are forced out of a position prior to the date of the vote. • Tom Seeling, Newfield Midstate Labor Council, supports the resolution and Act indicating it puts workers in the "driver's seat". Michael Lane, Dryden, spoke of the upcoming 2010 census and the importance of it to the County. If the census count is above 100,000 makes us eligible for increased program funding. Changes in population density also affects of redistricting. He recommended the Legislature begin to plan for redistricting and take into consideration what is needed, the size of the Legislature, the makeup of the committee to determine redistricting, and the possibility of staggered legislative terms. Presentation of Resolution from the Government Performance and Workforce Relations Committee RESOLUTION NO. 48 — IN SUPPORT OF EMPLOYEE FREE CHOICE ACT (H.R. 1409; S.560) MOVED by Mr. Shinagawa, seconded by Ms. Mackesey. Mr. Sigler, as a point of order, objected to the presentation of the resolution as it deals with Town, State, and Federal government and he believes the County does not have that granting authority. Mr. Koplinka-Loehr stated the resolution supports and urges adoption of the Employee Free Choice Act at the Federal level, and that the presentation of the resolution is not out of order. Mr. Dennis reviewed the proposed law and said he has been a long-time union member, has a brother who is very involved in unions, and has another brother who is an arbitrator. He supports the resolution but has reservations with regard to the time limit being too short to have positive results for a first contract and that negotiations would result in compulsory arbitration if items are not agreed to. He would prefer to see individuals work through negotiations than end in arbitration when decisions are taken out of the hands of one party. He hopes that organized labor works hard with the Congress and Senate to see changes that would benefit all. Ms. Mackesey made the following statement: "In the 1980's I worked as a union organizer. During that time employees at an automotive parts plant contacted the union asking for help to organize their co-workers. Approximately 650 full-time employees worked 3 shifts at this plant the vast majority of them young people, with limited work experience. Since the plant was located in a rural area, almost no one had been in or had family members in a union so they were unfamiliar with unions. What they did know was that life in the plant had become unbearable. I am not exaggerating when I say that an ambulance was called to the plant several times a week as the result of industrial accidents during this time. I will cite just 3 examples of what people working there experienced. "Example 1: The company used automated machines to assemble large boxes to transport their goods. A department supervisor decided the safety on the machines slowed down the assembly process so he removed them. As a result a female employee was knocked to the cement floor with such force that she suffered a concussion, black -eyes, and serious back injury. "Example 2: The company used many chemicals to make its products. One chemical spill resulted in a 23 -year-old man suffering a collapsed lung, with kidney and liver damage. Another employee, instructed to dispose of the chemical, spilled more onto the floor sending him and 4 more people to the hospital. Even though air -packs were available, none of the employees had received any health and safety training and put the air packs on upside down making them useless. After these 6 people had been taken to the 125 April 7, 2009 hospital, two more employees were told to clean up the spill with no safety equipment. Because there was no ventilation in the department, fans were set up and blew the toxic vapors throughout the plant. "Example 3: Even though the majority of workers were young and had been at the plant for a short time, there were some who had been there for a long time. One such woman, began having health issues continuing to have colds and bronchial problems. Her doctor finally ordered lung x-rays. When he saw the results, he told her that if she did not quit smoking she was not going to live a very long life. When she told the doctor she had never smoked, he said her lungs looked as if she smoked three packs of cigarettes a day. Soon afterward she quit her job and her health immediately improved. "Exercising their federally protected right to organize, employees flocked to meetings and t -shirts and buttons appeared on the floor of the plant. Union information meetings were well attended and an employee organizing committee formed. People were enthusiastic and fired up. They quickly understood that having a union would provide an opportunity for them to change the difficult and dangerous workplace they shared. They spoke and wrote in their newsletter about the exciting prospect of introducing democracy into the workplace. "Under the current National Labor Relations Act, employees can sign authorization cards that say they agree to have the union represent them in collective bargaining. Card check or elections are both options for determining union representation, under this set up. The difference between that and what is proposed in the Employee Free Choice Act is that currently it is the EMPLOYER who decides whether card check or an election takes place. This has seriously eroded employees right to vote to join a union by either card check or election. "I will use the drive I have been describing as an example of why the current system does not work. "Because the turnover rate at the company was very high, keeping authorization cards current was a real challenge. Most unions don't file for an election until they have well over fifty percent. In this situation the decision was made to move toward an election, even though we had not quite reached the 50% mark because of the turnover factor. "Once we had filed for an election, life inside the plant began to change. Supervisors initiated conversations and spoke against the union and an anti -union committee was formed. In hearings before the National Labor Relations Board to determine who should be included in the group that was to vote, the Company claimed that some of our strong supporters were supervisors and therefore should not be included in the union. One young man who I will call Jim, well respected and well liked was among them. He had worked for the company for 15 years (his whole work life) was known for his dedication and competence. Jim had not missed a day of work in 2 years even though he had not received a raised in three years (during a time of record profits for the company). We explained to him that we would fight to keep him in the bargaining unit but that would mean he would have to testify, which might be dangerous for his future at the company if the NLRB determined that he was indeed a supervisor. The union could defend him as long as he was part of the bargaining unit. Once he was determined to be outside the unit as a supervisor, we could no longer protect him. We felt it was his decision. Because he was getting married the following week and had just purchased a home, he decided he would allow himself to be classified as a supervisor. Within hours of that decision, he was fired for disloyalty to the company because he had worn a union t -shirt to work. Naturally this incident had a chilling effect on the other employees. "Besides being the means by which we feed, clothe, and provide shelter for ourselves, and our families, jobs define who we are, to ourselves to our families and to the world around us. That is why employers hold such tremendous power over their employees. When co-workers saw a valued, competent employee such as Jim tossed out the door, it was more than sympathy they felt for his fate. Their own sense of security and worth were swept away. Which is why employers continue to make examples of employees by firing during union organizing campaigns. 126 April 7, 2009 "However, Jim's firing was just the beginning of the company's anti -union campaign. We discovered they had hired Jackson and Lewis, a large New York City Law firm to run their campaign. Among unions, Jackson and Lewis were well known for its campaigns of terror. They lived up to their reputation during our campaign. Supervisors were trained on how to talk against the union. The anti- union committee seemed to have the financial resources to buy things such as anti -union t -shirts. Supervisors targeted a certain group of employees. They began having one-on-one conversations with employees who they had identified as being the most vulnerable. This included single mothers, older, single women, immigrants and the timid. They would quietly call them into their offices and tell them they would lose their jobs, if they supported the union. Often companies hold large group meetings but they did not attempt that with this group. I think, because the open supporters would have challenged them. Instead, they held endless one-on-one meeting. Toward Election -day some people were being called in numerous times during their shift. "By the day of the election, the tension level in the plant had reached unbearable levels, which is the goal of anti -union campaigns. The union -busters make it so that people just want the pain to go away. Workers are so frightened and confused by the level of tension that the issues, which they know to be important, become irrelevant. We lost the election by a wide margin. "Here was a group of people whose future health and safety were being jeopardized by an irresponsible employer. Yet they could not bring themselves to vote in their own self -interests because they had been scared away by professional union -busters. Is this democracy? Are working families' interests being served by the existing system? "In the past twenty-five years, we have become a country that caters to business interest, ending some regulations, weakening others and not enforcing what is left. This has created an atmosphere strongly favoring corporate interests at the expense of the rest of us. Most visibly, we have seen the banking mess. But we are also witnessing the destruction of backbone of our society by the degradation of working families, in their wages, their working conditions and their health and safety. "The story I just related to you took place within 50 miles of here. The people who worked in this factory could easily have been from Groton or Dryden or any other rural area of Tompkins County. "We need to be part of correcting the imbalance we see. By supporting this resolution we will be supporting our neighbors, friends, and constituents. By supporting this resolution, we will support the decision on whether or not to join a union back to the employees where it belongs." Mr. Sigler stated once again the County Legislature is voting on a national issue, which he believes goes against the County Charter. He is against the card -check issue. The United States adopted a secret ballot in the 1880's to keep favoritism from occurring. As unions win sixty percent of elections he is against taking away the present rights of secret ballot. Mr. Sigler spoke of former Presidential Candidate McGovern's being against what is suggested by the Employee Free Choice Act; all individuals indicating to him they do not support the Act are against the removal of the secret ballot. Ms. Robertson spoke of the Employee Free Choice Act being a constituent issue rather than partisan. She spoke of legislators representing all constituents and she believes the Free Choice Act would allow all to benefit from a strong union. Ms. Chock shared her experience of working as an electronic technician in a non-union shop at NCR that required her to place her hands in a vat of TCE, which has resulted in a physical impairment. She said some things only improve from workers' insistence that a union could provide. Although the legislation may not be perfect it is important to look past the detail and recognize something done at a local level indicates a sense of the body to both the State and Federal officials. 127 April 7, 2009 Mrs. McBean-Clairborne expressed appreciation for the comments made by Ms. Mackesey. She spoke of having a background in developing countries and knows how much unions are missed. Upon coming to the United States she was pleased to see unions as a part of American society and will be supporting the resolution. Mr. Proto spoke of his affiliations and experience with political parties and unions, and said a vote on the resolution should be based on its merits. Ms. Herrera thanked everyone who came out to address the matter and said it is important to hear the various viewpoints. She believes the Employee Free Choice Act to be a relevant topic for the County Legislature as it would affect the communities. Mr. Shinagawa supports the resolution and said organized labor may be less than twenty percent of the workforce, yet we owe them appreciation for the work they have done. He believes it to be a mainstream issue with supporters on both sides of the political aisle. Mr. Burbank supported the resolution and spoke of being a substitute teacher and the efforts and benefits occurring from forming a union. He believes the right to organize under a union is democracy at its best. Mr. Koplinka-Loehr also extended appreciation to those speaking tonight and indicated he was a union organizer for Tompkins County in 1984. He was initially against the resolution, but due to information received has since decided to support it. Mr. Randall spoke of having grown up in a non-union household and did not believe them to be good. He has since met individuals who are union representatives and following discussions recognizes the value. Mr. Sigler commented that people who are against this are not necessarily against unions. A roll call vote resulted as follows: Ayes — 12; Noes — 3 (Legislators Hattery, Proto, and Sigler). RESOLUTION ADOPTED. WHEREAS, the freedom to form or join a union is internationally recognized by the 1948 Universal Declaration of Human Rights as a fundamental human right, and WHEREAS, in 1935, the United States established, by law, that workers must be free to form unions, and WHEREAS, the free choice to join with others and bargain for better wages and benefits is essential to economic opportunity and good living standards, and WHEREAS, the percentage of national income going to workers' wages is at its lowest level since 1929, while the percentage of national wealth going to corporate profits is at its highest since the 1940s, and WHEREAS, unions benefit communities by strengthening living standards, stabilizing tax bases, promoting equal treatment, enhancing civic participation, reducing worker dependence on social welfare agencies and therefore decreasing the burden on taxpayers, and WHEREAS, workers across the United States are at present routinely denied the freedom to form unions and bargain for a better life due to illegal employer actions including unjust firings and illegal intimidation, and WHEREAS, the Employee Free Choice Act has been introduced in the U.S. Congress in order to restore workers' freedom to join a union and help America to become, once again, a middle-class society, and WHEREAS, the internationally respected organization Human Rights Watch, has identified the Employee Free Choice Act as a human rights imperative, and 128 April 7, 2009 WHEREAS, nothing about this legislation alters the rights of employers to provide information on unionization to their employees, and WHEREAS, the Employee Free Choice Act will safeguard workers' ability to make their own decisions without employer abuses, provide for first collective-bargaining contract mediation and arbitration, and establish meaningful penalties when employers violate workers' rights, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Tompkins County Legislature supports and urges Congress to pass the Employee Free Choice Act that would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them; provide for first -contract mediation and arbitration; and establish meaningful penalties for violations of a workers freedom to choose a union, RESOLVED, further, That a copy of this resolution be forwarded to all our federal elected representatives. SEQR ACTION: TYPE II -20 Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, reported copies of the County Draft Water Quality Strategy have been distributed, with public copies available at all libraries and town halls The comment period ends on April 17th and recommendations and concerns would be discussed at the Water Resources Council meeting on April 20`h. The Water Resources Council is the designated purveyor for this work and provides a review/revision every few years. He expressed appreciation for Ms. Jurkowich's efforts in preparing the material. Mr. Proto reported on Senator Gillibrand's attendance at the Cornell University Veterinary College function earlier in the day. Because of her background Senator Gillibrand is a member of the Agricultural Committee and she described her efforts to promote agriculture in New York State. He noted that over $50 million of money spent in the County is attributable to agriculture. Mr. Randall, District No. 9 Legislator, spoke of the Regional Skills Competition held at the Syracuse OnCenter. The 2,200 youth participants were BOCES students from throughout the State competing in areas of masonry, plumbing, carpentry, culinary, veterinary, cosmetology, and many other skills. Eight students from TST BOCES participated; he said his experience clearly showed the next generation would have the skills required to succeed. Mr. Dennis, District No. 15 Legislator, spoke of attending the Family and Children Services event that presented Diane Shafer with the 2009 Family & Children's Service of Ithaca Agda Osborn Award. He noted Diane has done a great deal of volunteer work for many organizations within the County, including being the first President of the Family Reading Partnership. It was very interesting to hear all who spoke of her efforts and how as a member of the Tompkins County family she spends a lot of time doing for others. He was very pleased to see her receive the award and stated her efforts reflect all who do volunteer work that are not recognized. Ms. Robertson, District No. 13 Legislator, provided an update of the Tompkins County Council of Government's (TCCOG) work on the health care consortium. She noted that since Mr. Locey presented at the Legislature's meeting TCCOG met with Mr. Locey to speak of the contract and agreement presently being undertaken. She highlighted there are four issues regarding the health care consortium that were of some dispute. The first is an automatic five-year renewal that would eliminate the need for municipal approval; it was determined to accept the automatic five-year renewal as the agreement provides the opportunity for municipalities to pull out on an annual basis. The second item was who could amend the agreement. Each municipality would have a representative and it was felt the board could change the bylaws by themselves but any amendments to the agreement would require a revote by the appropriate legislative body. Another a big issue is weighted voting, which is being reviewed by the State Insurance Department. She said the Legislature would have to take a 129 April 7, 2009 comprehensive look at the agreement and then consider resolutions in mid-June or July. On March 30, TCCOG held a meeting on gas drilling, and it is on tape and is available on the County's website. She said the meeting addressed what recourse towns, counties, and cities have with regard to gas drilling. There is a lot of authority regarding roads, property tax, emergency response, protection of water, and other issues. Ms. Mackesey volunteered to be on an Ad Hoc committee addressing this issue and Ed Marx has formed a work group of County staff. The next meeting on April 23rd would address cell towers, particularly the requests from Verizon for placement. Discussions regarding coordination of ordinances are taking place. In response to a question about the health care consortium from Mr. Proto, Ms. Robertson said the vote this year will be for the program to begin next year. A draft of the proposal is available online and Mr. Mareane would have costs available in mid-May. With regard to the gas drilling, Mr. Proto reported a subcommittee of the Water Resources Council is working on ensuring water protection and wanted to be certain work is not being duplicated. Ms. Robertson said TCCOG's work is primarily on what in the law municipalities could do. Ms. Mackesey said presently it appears all municipalities and property owners are on their own; it would be useful to share resources and information. Ms. Chock, District No. 3 Legislator, announced the public meeting for Tompkins Consolidated Area Transit (TCAT) bus route changes. Only eight routes were not affected by the proposals. Ms. Chock is aware that residents in the East Hill Belle Sherman area have been concerned about the proposals and have requested a review to modify it. Ms. Chock strongly urged residents to attend the meetings or contact TCAT to voice their opinions. Ms. Herrera, District No. 5 Legislator, asked Mr. Randall how the local students ranked at the Skills Competition. Mr. Randall reported his son won third place for carpentry; he had won the regional competition prior to the state. He stated he is proud of his son as both his teacher and father, particularly to see him complete a task he had never attempted previously. Ms. Herrera extended congratulations to Mr. Randall's son and all the participants. Mr. Burbank, District No. 12 Legislator, spoke of Tompkins County having first-rate performances in music and theatre available, many of which are struggling to stay in business. He recently received an invitation to visit the Hangar Theatre to see what work is to be done with funding raised during their $4.6 million dollar capital campaign. Although he had been to the theatre many times, he was able to see how much was needed for the building. The campaign would provide for renovations and repairs that would allow it to remain active for the next twenty-five years. He noted they, as well as other theatres, need people's support. Ms. Kiefer, District No. 10 Legislator, also went on the tour and agreed with Mr. Burbank's statements. With regard of the work being undertaken by TCCOG, Ms. Kiefer said the Environmental Management Council (EMC) Gas Drilling Committee has also turned its attention to the same area as TCCOG; she recommended speaking to Amy Risen, Chair of the EMC, to receive information compiled. Report from a Municipal Official There was no municipal official present. Presentation — Tompkins County Sustainability Team 2008 Accomplishments and 2009 Goals Ms. Nelson, Public Works Administrator, provided a brief overview of the 2008 accomplishments and 2009 goals of the Tompkins County Sustainability Team. The report included the following highlights: 1. Green Fleet 130 April 7, 2009 o Alternatives Fuel Consortium and Council — In 2008, municipalities, educational institutions, TCAT, and other public entities that operate fleets across the county came together to form a consortium with the purpose of collectively seeking alternative fuels for use in the fleets. With Tompkins County being centrally isolated with no interstate highway passing through it, no vendors had bid biodiesel through the NYS bidding process. In discussions with biodiesel vendors about a year ago and monitoring pricing in neighboring counties, the potential price difference for biodiesel over straight diesel if supplied to locations in Tompkins County would be as high as $.70/gallon, which was unacceptable to the consortium members. Many consortium members desired to use biodiesel and felt that working collectively and utilizing the power of the members aggregate usage, would attract vendors to provide biodiesel at a price that would be acceptable and comparable to straight diesel. As a result of the discussions and meetings, the consortium asked that the County seek bids for biodiesel. Tonight you are being asked to award that bid. This is a great accomplishment for the consortium and will allow the members to begin using biodiesel in the fleets. This will positively impact the recent County Comprehensive Plan element you approved for reducing green house gas emissions 2% annually countywide. Due to the size of the consortium, a smaller group comprised of members representing the larger public sector fleets in the county serve as a council. The council's purpose is to investigate alternative fuels, select vendors and products for presentations that they feel would be beneficial to all of the consortium members, and. assist in green fleet research that can be shared with all members. Another resolution before you tonight is the approval of the county seeking Clean Cities designation. This will allow the potential for additional resources, particularly as the consortium next starts to work investigating compressed natural gas and propane applications for fleet vehicles. As the facilitator for both of these groups, it has been rewarding to see and participate in the development, discussions, and positive outcomes. o County Green Fleet Policy — A team comprised of representatives from the county departments that have vehicles and equipment has been meeting to develop and discuss a green fleet policy. John Simeone, Planning Intern, has been hired to assist with this project. This new administrative policy will be moving through the legislative review process once finalized by the team and reviewed by department heads. The County Administrator is being asked to develop a "charge" for the establishment of a green fleet/fleet management team that will work on implementing the green fleet policy as well as improving the overall management of the county's fleet. 2. Environmentally Preferred Procurement - The Resource Guide has been finished and is being distributed to county departments, Finger Lakes Environmentally Preferred Procurement Consortium members, and anyone else that wants it. County departments recently were given bags containing environmentally preferred products for use by the employees. Feedback will be sought on the products. Product feedback will be used in future updates of the Resource Guide. A "green vendor fair" is being planned for October. County employees and consortium members will be invited to attend. Stay tuned for additional information as it develops on this fair. 3. Employee Involvement and Participation — In order to reach out to employees, the creation of an interactive DVD is being pursued. This information would be used as part of new employee orientation to provide information on sustainability, where departments are located, how departments are involved and connected, and to provide information that employees can use not only at work but at home and in their community This DVD would also be available for departments so it can be shared with existing 131 April 7, 2009 employees. A county sustainability team web page is in the development process that will be a source of information and links to other related sites. 4. Energy Efficiency — Revisions to Administrative Manual policy #06-09 have been completed and are working their way through the approval process. This revised policy will address many things including energy conservation in county buildings that is of particular interest and importance. 5. Waste Reduction — Waste reduction audits have been completed in all county departments and Solid Waste staff continues to work with the departments to implement improvements. Now that the county departments have been completed, the program has expanded into community businesses by the Solid Waste Division staff. 6. Infrastructure Design — The new Health Department Building construction at 55 Brown Road is underway. LEED silver status may be achievable for this, the county's first LEED construction project. During the deconstruction of the building, it was estimated that 75% of the materials would be suitable for recycling, when in actuality, 95% of the material was diverted from the waste stream. Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 49 — AWARD OF BID — BIODIESEL FUEL MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Ms. Herrera spoke of private individuals choosing to utilize biodiesel fuel in their own vehicles and recognition of its benefits. Ms. Chock asked why Ms. Kiefer had not supported the resolution at the Committee level and was informed she did not have all information desired at the time. The information was provided and she will now support the resolution. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for Biodiesel Fuel for use by the Highway Division and the Airport, as well as other members of the Alternative Fuels Consortium, and WHEREAS, two (2) bids were received and publicly opened and read on March 11, 2009, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Mirabito Energy Products of Binghamton, New York, as the lowest responsible bidder, with a cost of $2.0534 per gallon for B20 biodiesel fuel, RESOLVED, further, That the Finance Department be authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE 11-20 Report — Brief Review of Community Oriented Policing Services (COPS) Grant Proposal Sheriff Peter Meskill provided an overview of the Community Oriented Policing Services (COPS) Grant, a Federal stimulus initiative designed to assist state and local governments in restoring or expanding the number of sworn law officers. He outlined the details of the grant, which requires maintaining the increased level of officers for the three years the grant payments cover as well as the following (fourth) year of employment. This would result in an increase of road patrol officers from 25 to 28, thereby allowing for a decrease in response time and providing more coverage. Mr. Meskill spoke of the increase in officers allowing positive community -styled policing to address issues. Congressman Arcuri is assisting in the grant application process. The grant would provide $666,422 in Federal assistance for the salary and fringe expenses for the three positions over the three-year period, with the 132 April 7, 2009 fourth year requiring the County to pay the full cost. A net local cost of $400,000 for the four-year period would be offset by the projected reduction of more than twenty percent in overtime, reducing the projected four-year cost to $53,386. Sheriff Meskill spoke of the manner additional deputies would be chosen, noting upon receipt of the grant he would review civil service listings as well as work with the Personnel office for interviews as well as seeking out diversity for the department. With regard to residency, he noted that 37 of the 40 employees within his department are County residents. Mr. Meskill asked for support of this initiative by the Legislature, noting the level of support would be important regarding the award of grant. RESOLUTION NO. 50 - SUPPORTING THE COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT PROPOSAL FOR FEDERAL STIMULUS INITIATIVE FUNDING MOVED by Ms. Robertson, seconded by Mr. Dennis. Ms. Robertson commended the Sheriff and County Administrator for their efforts regarding this initiative. She was skeptical at first with regard to the ability to financially support the grant but with overtime savings it appears it would be beneficial to proceed, particularly with the continual requests for additional coverage throughout the County. Ms. Kiefer indicated she believes it optimistic that existing Deputies would willingly give up overtime. She also requested the 2003 New York State Department of Criminal Justice Services (DCJS) study document not be included within the application, since her recollection is that some of its statements. Mr. Meskill responded that this document would be extremely beneficial documenting their need and therefore would be included as part of the application. Ms. Kiefer indicated since it will be included she would not support the resolution. Mrs. McBean-Clairborne noted the document indicated there were forty funded sworn officer positions with an additional four that were not funded. Mr. Meskill said the grant would provide the ability to fill the remaining positions available with funding. Mr. Hattery spoke of the statement the positions would increase response time and asked if it is currently a documented concern. Mr. Meskill said he does believe it is a problem within the county at present. Mr. Hattery then asked if after the three years would the positions be removed due to the proposed work being completed; the fourth year would mean a $140,000 increase in the budget. Mr. Meskill would like to keep the positions in place. Mr. Hattery noted for the out -years beyond the four- year period it would require a $200,000 increase. In response to Mr. Proto's question it was noted by Mr. Meskill that he is asking for the ability to apply and that the positions would be road patrol officers. In addition, it was noted he believes he has enough road -worthy vehicles to utilize for the officers. Mr. Meskill explained to the Legislature the grant would provide a unique opportunity to back -fill positions in a good manner as the training process is lengthy, without it being at local cost. When asked by Mr. Proto if the reduction of overtime is realistic, Mr. Meskill stated he would be developing a work plan to keep within budget and provide the best service possible. Mr. Stevenson spoke of having worked as a dispatcher at the Sheriff s Department and can relate to response times. He believes cutting down response time is positive and will support the resolution. Mr. Stevenson indicated a preference to have applicants for the positions be County residents in order to keep the stimulus funding within the County. He also said he believes diversity and residency need not compete and both could be accomplished without being a detriment to each other. Ms. Robertson thought it would be positive to have the investment in training the deputies be at Federal expense. She acknowledged Ms. Kiefer's concerns about the 2003 DCJS study over -exaggerated 133 April 7, 2009 response time, but said nonetheless a shorter response time is in order. She does not feel it inappropriate for the Congressman to submit the report. Ms. Chock said she voted against the resolution at Committee, she believes that given the fiscal problem it would not be fair to increase the number of employees. Ms. Chock pointed out that approval would commit the County to almost $400,000 over the next four years, with the thought that the money would be made up from a reduction of overtime and other factors. If the reduction were not met the County would still be committed to find the funding to cover the positions. She is not certain that the present employees who have grown accustomed to the overtime pay would want to give it up. She asked for assurance from Mr. Meskill that in the event the reductions are not met the Sheriff would accept full responsibility to make up the funding in other areas of the budget. He then clarified for Ms. Chock how civil service rules allow for unfunded positions within departments, stating without the open positions it would be a more lengthy process to fill the positions if the grant is awarded. Ms. Mackesey is supportive of the additional positions for the time period funded, however, she is concerned about what would occur at the end of the four years. Mr. Meskill said it is his intention to continue the positions through his budget, however, the final determination would be up to the full Legislature. He also stressed the anticipated savings from these positions due to overtime reduction. Mr. Dennis supports the resolution. He said when initially proposed the program was in need of work and through the efforts of the Sheriff and County Administrator it now would provide coverage while determining whether overtime could be reduced. In the interim, it would allow three individuals to be trained using the Federal funds. Mrs. McBean-Clairborne supports applying for the grant, but hopes there could be future reductions in staff through attrition; she would not like to see increases in staff without further conversation. She spoke of Mr. Meskill's ability to work within his budget and she will support it. Ms. Kiefer responded, noting the terms of the grant does not allow a decrease in staff over the term of the grant. Ms. Chock made the distinction that the resolution does not provide budget relief, rather it is increasing positions within the department. A voice vote on the resolution resulted as follows: Ayes — 11 (Legislators Burbank, Chock, Dennis, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 4 (Legislators Hattery, Herrera, Kiefer, and Randall). RESOLUTION ADOPTED. WHEREAS, As a part of the Federal stimulus initiative, the Federal government has re -instituted the Community Oriented Policing Services (COPS) Grant program to assist state and local governments in restoring or expanding the number of sworn law enforcement officers, and WHEREAS, the grant provides funding equal to the salary and fringe benefits of up to three entry-level deputies for three years. Recipient agencies must maintain their sworn roster at the elevated level throughout the three years of the grant plus one additional year after the grant ends, and WHEREAS, the Tompkins County Sheriff's Office currently has three unfunded Deputy Sheriff positions, but it is understood that the County does not have the current capacity to support new positions in this difficult economic time, and WHEREAS, the Sheriff believes that with three additional deputies, the Sheriff's Office could decrease response time to calls for service and reduce baseline overtime costs (wages and related fringe benefits), and WHEREAS, it is estimated that by offsetting the local cost with savings resulting from reduced reliance on overtime, the net total cost of the additional positions over the next four years will be less than $90,000, with estimated net savings of between $22,000 and $54,000 during the first three years of the grant, no therefore be it 134 April 7, 2009 RESOLVED, on recommendation of the Public Safety Committee, That the Sheriff and the Tompkins County Legislature agree to proceed with the application for COPS funds for three Deputies based on the following plan to reduce baseline overtime costs (wages and related fringe benefits): • The Sheriff will establish a goal to reduce baseline overtime in the Law Enforcement Division by 1,625 hours annually—a 23.2% reduction in overtime hours (corresponding budget dollars) from the 2009 budget baseline—and work diligently to achieve that goal. a. It is also recognized that overtime in a law enforcement agency may be affected by circumstances beyond the control of management. A single homicide investigation, for example, can result in hundreds of hours of overtime. Efforts will be made to segregate such extraordinary events to allow tracking of baseline overtime. • The Sheriff and the County Administrator will monitor the progress in achieving the overtime reduction goal and the Sheriff will report the progress in achieving the goal annually to the Legislature. • At the conclusion of the third and the final year of the grant, the Sheriff and County Administrator will undertake a review to determine whether the proposed overtime savings have been achieved and, therefore, whether maintaining the sworn roster at the elevated level can be expected to produce sustained, long-term overtime savings while providing needed and valuable service to the residents. • The Sheriff s report of accomplishments, including but not limited to, reduction of response times, the results of the overtime review, crime prevention efforts, and increased community interaction, will be the primary elements of the Legislature's consideration of whether to maintain the staff at the enhanced level after the County has fulfilled its grant requirement and four-year maintenance of effort obligation. The Legislature may also choose to consider other factors in making this decision. SEQR ACTION: TYPE II -20 Recess Chair Koplinka-Loehr declared a recess from 8:12 p.m. to 8:18 p.m. Chair's Report Mr. Koplinka-Loehr indicated he would like an executive session to discuss performance evaluation of direct -report positions. Report from the County Administrator Mr. Mareane said he would report to Standing Committees with regard to updated information concerning the State budget. He said that although he is presently reviewing the 2009 budget, plans are underway for the 2010 budget. There will be a budget retreat for Legislators at 6:30 p.m., on April 29th at Tompkins Consolidated Area Transit building. At the April 10 meeting of the Government Performance and Workforce Relations Committee a quarterly indicator report would be provided, showing the current consumer price index, food stamp usage, etc. He expressed appreciation to all who participated at the quarterly Legislator/Department Head retreat, noting it was very positive. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported while in Albany the State Comptroller issued guidance regarding the retirement reporting requirements for elected officials, specifically that they would go into effect for terms after July 1, 2009, which for local Legislators, would require reporting beginning January 2010. 135 April 7, 2009 The reporting would be on an individual basis, based upon a resolution passed by Legislators. In the event a Legislator did not work as long as the resolution stipulates the report to the State would be pro- rated. He also reported the auditors are present to begin the County's annual audit. As a result of the GASBY 45 regulations a valuation of post -employee benefits will be added to the statement. The first quarterly sales tax payment was received for March 2009 and the downward trend continues, with a 5.5 percent reduction from last year. Mr. Squires anticipates the next report to also be reduced significantly; the payment received for March had adjustments made and it is unclear what the next payment would be. In response to a question from Mr. Sigler, it was noted there is a drop-off in sales tax revenue. Although he had anticipated a $1 million reduction the present reports indicate the possibility of $1.5 million decrease in sales tax revenue. Addition to and Withdrawal of Resolution(s) from the Agenda There were no resolutions(s) added to or withdrawn from the agenda. Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Roberta Lee Dixon - Town of Danby representative; term expires December 31, 2009 Resolution(s) Approved Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 51 - IN SUPPORT OF THE NEW YORK STATE ENVIRONMENTAL PROTECTION FUND MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Environmental Protection Fund (EPF) of 1993 established the state's first-ever environmentally dedicated funding mechanism to provide critical funding for the New York State Department of Environmental Conservation, the Office of Parks, Recreation, and Historic Preservation, and grants to local governments and non-profit organizations, and WHEREAS, EPF funding has helped to implement a variety of environmental programs in New York State to reduce waste, protect public health, and ensure that communities have clean water, land, and air; to preserve open space and working farms; and to create and maintain public parks, and WHEREAS, the Environmental Protection Fund has provided dedicated funding for programs that benefit Tompkins County including municipal recycling, smart growth planning, open space protection, farmland protection, non -point source pollution prevention, waterfront revitalization, municipal parks, zoos, botanical gardens and aquaria, biodiversity research, estuary programs, pollution prevention, landfill closure, and water quality protection, and WHEREAS, the Environmental Protection Fund has benefited Tompkins County by providing 50% funding for recycling capital projects such as the improvements to the Recycling and Solid Waste Center and educational programs for waste reduction and recycling, and WHEREAS, the Environmental Protection Fund is primarily financed through the New York State Real Estate Transfer Tax (RETT) but also receives revenue from income derived from the sale of surplus state lands, the leasing of underwater state-owned lands, and New York's "open space" license plate, and 136 April 7, 2009 WHEREAS, it was the intent of the New York State Legislature to protect the integrity of the Environmental Protection Fund through times of economic prosperity as well as during economic crisis by providing a stable, dedicated source of funding for these critical programs, and WHEREAS, despite current and projected decreases in real estate sales in New York State, the State Real Estate Transfer Tax generates revenue at a level that is nearly triple what is statutorily required to fully fund the Environmental Protection Fund, and WHEREAS, in a time of increasing global water shortages, climate warming, and peak oil it is more important than ever to have environmental funding levels in New York State adequately meet current and future needs, including the Environmental Protection Fund which should be fully funded according to the current statutory funding schedule as established by the Environmental Protection Fund Enhancement Act (Chapter 256 of the Laws of 2007), and WHEREAS, the Environmental Protection Fund Act should be implemented and receive $300 million in the FY2009-10 State Budget and that its primary funding mechanism should continue to be from the State Real Estate Transfer Tax, as it has been for the past 15 years, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Planning, Development and Environmental Quality Committees, That the Tompkins County Legislature strongly supports the Environmental Protection Fund and urges New York State to include a $300 million Environmental Protection Fund in the FY 2009-10 State Budget, RESOLVED, further, That Tompkins County opposes changing the revenue source of the Environmental Protection Fund and urges New York State to ensure at least $287 million in revenue from the State Real Estate Transfer Tax is dedicated to the Environmental Protection Fund in the FY 2009-10 State Budget, RESOLVED, further, That this resolution shall be transmitted to the Governor, members of the New York State Legislature County Representatives, and New York State Association of Counties upon passage. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 52 - AUTHORIZING AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) - FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT FOR TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), the Secretary of the United States Department of Transportation is authorized to fund capital projects under Federal Transit Administration Section 5311 of Chapter 53, Title 49, of the United States Code, which is administered by the New York State Department of Transportation (NYSDOT), and WHEREAS, Tompkins County is submitting a request for a grant of ARRA funds to NYSDOT to purchase six (6) replacement 40 -ft. clean -diesel, low -floor transit buses and ancillary bus equipment, to be operated by Tompkins Consolidated Area Transit, Inc. (TCAT), to provide open -to -the -public, rural public transportation service in Tompkins County and portions of Tioga and Schulyer Counties, and WHEREAS, Tompkins County and the State of New York will enter into an Agreement which authorizes the undertaking of the Project, and reimbursement to the municipality of one hundred percent of the project cost through the American Recovery and Reinvestment Act of 2009 at a cost of up to $2,175,000, 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 Tompkins County with the New York State Department of Transportation for the American Recovery and Reinvestment Act of 2009, Federal Transit Administration Section 5311 Grant, in the amount of $2,175,000, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the State of New York for the Project. 137 April 7, 2009 2. Any and all agreements between Tompkins County and TCAT, and any third -party subcontractors necessary to complete the project, if applicable. 3. Any and all Municipality/Vendor Contracts for the purchase and/or installation of vehicles and/or equipment pursuant to the application and agreement. SEQR ACTION: TYPE II -20 RESOLUTION NO. 53 — AUTHORIZING MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) TO BID FOR OUTDOOR SOLAR LIGHTING PRODUCTS ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ALL POLITICAL SUBDIVISIONS AND DISTRICTS WITHIN THE STATE TO PARTICIPATE MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County previously authorized Municipal Electric and Gas Alliance ("MEGA") to bid for both gas and electric power on its behalf and the bids resulted in contracts, and WHEREAS, the American Recovery and Reinvestment Act of 2009 contains funding opportunities for counties to further reduce expenditures for electricity through the use of renewable and sustainable energy products in furtherance of MEGA's mission, and WHEREAS, MEGA has entered into a partnership with the New York State Association of Counties to provide assistance to counties in accessing funds and developing projects that support the goal of increasing the use of renewable and sustainable energy products, and WHEREAS, Section 408-a of the County Law authorizes the County to include in any purchase contract awarded to the lowest responsible bidder, authorization permitting all political subdivisions and districts in the State to participate, and WHEREAS, the County desires the continued participation of other political subdivisions and districts in the contracts, and WHEREAS, rules regarding the terms by which other political subdivisions and districts participate have been established and will be reflected in contracts with the lowest responsible bidders, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That MEGA is hereby authorized to release bids for solar or other renewable energy generation systems that can be installed or otherwise deployed on municipal or government property to produce energy that can be consumed by such municipality and/or sold back to the local utility, RESOLVED, further, That all political subdivisions and districts within the State are authorized to participate in the contracts awarded as a result of the bids. SEQR ACTION: TYPE II -20 RESOLUTION NO. 54 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN AMENDMENT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, via Resolution No. 85 adopted on May 3, 1994, the Tompkins County Legislature approved Tompkins Cortland Community College's campus master plan in the amount of $8,689,572, and WHEREAS, additional needs have emerged since the adoption of the original master plan, these primarily being the need to expand and update the cafeteria and kitchen areas, and WHEREAS, there are unspent State funds in the library expansion project in the amount of $25,853, and 138 April 7, 2009 WHEREAS, there are also unspent State funds in the HVAC system replacement project in the amount of $4,130, and WHEREAS, the College wishes to move the remaining funds from the library expansion and HVAC system replacement projects to help fund the expansion of the cafeteria and kitchen areas, and WHEREAS, these changes would result in a revised master plan as outlined below: State Share $ 29,983.00 Local Share Capital Cafeteria Reserve $ 29,983.00 Total Local Share $ 29,983.00 Total Campus Master Plan $8,749,538.00 and WHEREAS, the College has sought guidance from the State University of New York and has been advised to submit an amendment to the current campus master plan requesting the need to move the state funding available from the library expansion and HVAC system replacement projects, and WHEREAS, the local share to match the additional $29,983 in State capital funds will be supported by the Cafeteria Capital Reserve and will not require additional sponsor funds, now therefore be it RESOLVED, on recommendation of the Budget, Finance, and Capital Committee, That the 1993-94 Campus Master Plan with a revised estimated cost of $8,749,538 be adopted by the Tompkins County Legislature, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE I1-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met on March 11th One item of note was a report from the subcommittee regarding the creation of the position of Coordinator for the Tourism Program. Ms. Mackesey and Ms. Chock worked on the document and she suggested members review the document. Last year the program received $1 7 million and is a large fund utilizing volunteers on the Strategic Tourism Planning Board. The work they are undertaking is now at a point that it is necessary to consider hiring an individual to oversee the work. Ms. Mackesey said last year $100,000 was set aside to look into the possibility of hiring an individual for the position, and the County Administrator would have a role in determining what the position would look like and how it would fit into the County's workforce. Ms. Mackesey reported the Committee received a report from the Water Resources Council on work completed and what they plan for the future; they remain an active and engaged advisory committee. Ms. Robertson spoke of the previous discussions by the Legislature regarding the membership of the Industrial Development Agency (IDA). The IDA audit was undertaken and accepted by the IDA, and included a notation by the auditors regarding the membership. The notation stated the IDA had amended its membership to reduce the Legislature members from four to three; the County has chosen not to adhere to this amendment and instead to continue to appoint four Legislators. Research by the Agency and County Attorneys revealed that the County is not legally obligated to adhere to the Agency's bylaws although the County has a history of adopting such changes in the past. The result is that the Agency is not in compliance with the Authority Budget Office Policy Guidance memorandum 0701. The IDA attorney is looking into any possible consequences of our decision. Ms. Robertson reported with regard to the Civic Facilities legislation relating to the ability to issue tax-exempt bonds, it continues to be negotiated in Albany; Mike Stamm of Tompkins County Area Development and others have gone to Albany to see if there could be a settlement regarding prevailing wages. It is thought that Tompkins County may be in a unique position to craft a resolution the unions would be able to support. As the Governor's office had requested the meeting it is thought there may be the ability to push to find a compromise. 139 April 7, 2009 Ms. Herrera noted the question regarding the Legislature vote on membership of the IDA was stipulated that the County is not in violation of law in deciding not to reduce the number of Legislators on the IDA Board. Report from the Budget and Capital Committee Mr. Dennis, Chair, reported the Committee met on March 23rd and acted upon the resolutions before the Legislature as well as speaking of the municipal tax agreement. In addition, a discussion regarding the budget framework as well as the overall budget forecasts. He announced the budget retreat would be held at 6:30 p.m. on April 9th at the Transit Center. Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Robertson, Chair, reported the Committee met prior to the Legislature meeting, and will meet again on April 20th. RESOLUTION NO. 55 - MEMORIALIZING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO ENACT AND SIGN INTO LAW LEGISLATION AMENDING SECTION 303 OF THE COUNTY LAW TO ALLOW TOMPKINS COUNTY TO INCREASE ITS ACCESS LINE SURCHARGE TO PAY FOR THE COSTS OF MAINTAINING AND OPERATING AN EMERGENCY COMMUNICATIONS SYSTEM MOVED by Ms. Robertson, seconded by Ms. Kiefer. Mr. Proto asked if the surcharge would apply to cellular telephones as well as landline telephones. Mr. Mareane said the increase is only for landline telephones; there is already a $1.50 surcharge on cellular telephones. It was further clarified the resolution only allows the County to have the ability to increase the surcharge up to a total of $1.00; it does not increase the present surcharge of $.35 until the State approves the request and a separate resolution to increase the amount is approved. In response to Mr. Proto's question, it was noted that in the event the Statewide Network should become operative and contribute to the communications system, the surcharge would be able to be reduced. Mr. Stevenson said he had hoped such a surcharge would provide property tax relief, however reviewing the need indicates the request is justified in order to adequately staff and operate our emergency communications system. He will support it, but does not want the request to increase to be taken lightly. Ms. Robertson spoke of the cost for an over -target request in the amount of $350,000 for maintenance of the communication system being passed on to property tax bills. The anticipated revenue from the Statewide Network participation or co -location of private business has not occurred, therefore the increased surcharge would assist in covering the annual expenses of the communication system. Ms. Kiefer inquired what other counties charge under this regulation. Mr. Mareane replied most are at the $.35 rate; New York City charges $1.00 and at this time Onondaga is considering an increase to $1.00 as well. Mr. Hattery pointed out the resolution clearly indicates the purpose of the surcharge is to maintain a vital service to residents and first -responders. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 2 (Legislators Herrera and Proto). RESOLUTION ADOPTED. 140 April 7, 2009 WHEREAS, in recognition of the need to rapidly and appropriately respond to threats to the public's health and safety, Tompkins County has committed itself to the creation and maintenance of a robust emergency communication system that can serve the needs of first responders throughout the County, and WHEREAS, Tompkins County has developed a 911 emergency communications center to provide all first responders within the County a well-trained and well-equipped professional dispatch staff, and WHEREAS, Tompkins County has shown leadership in emergency communication, answering the call of the national 9/11 Commission, New York State, and local first responders by creating New York State's first fully interoperable emergency communication system, and WHEREAS, the $21 million cost of the recently completed interoperable communication system represents the largest capital project in the history of Tompkins County, and WHEREAS, although Tompkins County has made, and will continue to make, every effort to secure State and Federal grants to defray a portion of the cost of that system, a substantial portion of the project's cost and associated debt service must be supported directly by the County and its taxpayers, and WHEREAS, in the absence of alternative revenues, the debt service cost of the project must be paid through the County property tax levy, and WHEREAS, County Law Section 303 permits a municipality to impose, via local law, a surcharge on each access line in an amount not to exceed $0.35 per month to help pay the cost of operating and maintaining an emergency 911 communication system, and WHEREAS, the cost to amortize and maintain the County's emergency communication system has increased substantially along with the capacity, reliability, and coverage of that system, and WHEREAS, it is necessary and desirable for the State to amend existing State law to authorize the County of Tompkins to increase the surcharge imposed on access lines from $0.35 to up to $1.00 per access line per month, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That this Legislature hereby requests the Governor and the Legislature of the State of New York to enact legislation amending Section 303 of the County Law to allow Tompkins County to increase the E911 surcharge on access lines up to an amount not to exceed $1.00 per access line per month, RESOLVED, further, That the Clerk of this Legislature hereby is directed to send a certified copy of this resolution to the Governor of the State of New York and to the New York State Legislators representing Tompkins County. SEQR ACTION: TYPE I1-20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on March 25th and held a spirited and engaged discussion regarding Civil Service reform. At this time individuals are meeting to discuss the topic and are building conversations with others regarding involvement and participation in producing a proposal that petitions the State to allow a pass/fail system of testing. Mrs. McBean-Clairborne expressed her gratitude to Ms. Martel -Moore for her work in compiling a spreadsheet of the Committee's previous work and the proposed 2009 spending plan. A report of the spending plan will be brought to Government Performance and Workforce Relations Committee's meeting, followed by a detailed spending plan being provided to the full Legislature. Report from the Legislative Rules and Procedure Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Legislature meeting. Report from the Health and Human Services Committee Mr. Proto, Chair, announced the Committee would meet on Ap ril 14th. He reported that Dr. Daines, New York State Commissioner of Health, came to Tompkins County to present the City of 141 April 7, 2009 Ithaca, Tobacco Coalition, and Tompkins County with an award for their development and participation in the smoking program. The proposed requirement that the Health Department be responsible for home health aides was removed from the final proposed State budget; this is very good news as the mandate would have required the County to add 25 — 35 employees to payroll. Mr. Proto spoke of having conversations with Mr. Mackenzie and Mr. Rudd regarding the need for primary care physicians within the County. They are putting together an effort to attract the primary care physicians to the County. With today's need for health care it is imperative to be sure to have adequate coverage. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on March 19"', with most of the items appearing on tonight's agenda. She pointed out the purpose of the request to extend the present Air Service Board temporarily is to allow a review process and determine an open process for filling seats on the board. She reported the Health Department Building is moving along, with bids having been received for the site plan. Mrs. McBean-Clairborne spoke of the work completed by Ms. Nelson, Mr. Gregrow, Mr. Marx, and many others to bring forward the biodiesel fuel resolution; it will be very beneficial to the County. RESOLUTION NO. 56 - AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CLEAN COMMUNITIES OF CENTRAL NEW YORK (CCCNY) MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Mr. Proto inquired why Mr. Koplinka-Loehr had become a temporary member if there was quorum present. Mr. Koplinka-Loehr said practice has been to either appoint himself or others if necessary for quorum or at the request of the Chair; a request to sit on the Committee occurred. Mr. Proto asked if the item was time -sensitive and was informed it was not. He then asked if the item could be withdrawn; Mrs. McBean-Clairborne, as the mover, did not wish to do so. Ms. Herrera noted the affiliation with Clean Communities of Central New York would assist the County's Greenhouse Gas emission goals. Ms. Chock noted there is no cost associated with this action. Ms. Kiefer asked whether the County's name would be attached to positions or statements made by Clean Communities of Central New York. Mr. Marx stated he is not certain the group's goal is to take up positions, but rather to form a collaborative effort to to reduce use of petroleum, and such as noted in the resolution. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 2 (Legislators Kiefer and Proto). RESOLUTION ADOPTED. WHEREAS, the United States Department of Energy (DOE) established the Clean Cities program to provide tools and resources for voluntary, community-based programs to help reach the goal of reduced dependence on foreign oil, and WHEREAS, the Clean Cities program is a government -industry partnership with a mission to advance the energy, economic, and environmental security of the United States by supporting local initiatives to adopt practices that reduce the use of petroleum in the transportation sector, and WHEREAS, the Clean Cities program provides information about financial opportunities and coordinates technical assistance projects related to the promotion of alternative fuels and advanced vehicles, fuel blends, fuel economy, hybrid vehicles, and idle reduction, and WHEREAS, Clean Communities of Central New York (CCCNY) is an organization formed to support the Clean Cities program with the goals of reducing dependence on imported oil, reducing air pollution from vehicle emissions, assisting local business and government with regulatory environmental compliance, encouraging economic development through job creation, and creating a positive community image, and 142 April 7, 2009 WHEREAS, being a member of CCCNY will assist Tompkins County in meeting its Greenhouse Gas emissions reduction and energy efficiency goals by forming partnerships to develop markets for alternate fuels and by providing funding sources regarding the purchase of alternative fuel vehicles (AFV's) and AFV fueling facilities, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be authorized to sign a memorandum of understanding with Clean Communities of Central New York. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 57 — EXTENSION OF THE ESTABLISHMENT OF THE AIR SERVICE BOARD MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. A voice vote on the resolution resulted as follows: Ayes — 14; Noes —1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Air Service Task Force (ASTF) was established in 1998 by the Chamber of Commerce and Tompkins County Area Development as a result of community concern over diminishing air service at the Ithaca Tompkins Regional Airport, and WHEREAS, by Resolution No. 281 of 2005, the Air Service Board (ASB) was hereby established effective January 1, 2006, and WHEREAS, the Air Service Board was to continue until December 31, 2008, at which time the County Legislature was to review its efficacy and determine whether it will continue beyond December 31, 2008, and for what period of time, and WHEREAS, the Facilities and Infrastructure Committee recognizes the important work the ASB has accomplished and expresses its sincere appreciation for the public-service efforts of each member of the Air Service Board and Air Service Task Force over the past decade in carrying out its mission for the benefit of all county residents using airport services, and WHEREAS, the required review has not yet taken place and the Facilities and Infrastructure Committee believes it to be in the best interests of the County to extend the life of the Air Services Board pending that review, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Air Service Board with its 2008 membership be continued through May 31, 2009, to allow for a complete review of the Board, membership, bylaws, and charge. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported the Committee meets next on April 10th and will discuss the dashboard quarterly indicators report as well as receive updates on the Administrative Manual Maintenance Taskforce and the direct -report performance evaluations. At the next meeting resolutions regarding the Open Meetings Law relating to caucus, with altered language to ask the State to clarify what may be discussed during caucus, and a report on voting machines would be discussed. RESOLUTION NO. 58 - APPROPRIATION FROM CONTINGENT FUND AND CREATION OF PROGRAM ANALYST POSITION FOR TOMPKINS COUNTY DEPARTMENT OF ADMINISTRATION MOVED by Mr. Shinagawa, seconded by Mr. Hattery. Ms. Herrera supports the resolution due to the job duties for the position. She sees it beneficial to assist with determination of the value of programs, answer questions by Legislators, and relieve Administration to complete other tasks. 143 April 7, 2009 Executive Session It was MOVED by Mr. Sigler, seconded by Ms. Robertson, to enter into an executive session at 9:02 p.m. to discuss personnel matters. A voice vote on the motion resulted as follows: Ayes — 13; Noes — 2 (Legislators Randall and Stevenson). MOTION APPROVED. It was MOVED by Mr. Proto, seconded by Ms. Mackesey, to return to open session. A voice vote resulted as follows: Ayes — 14; Noes — 1 (Legislator Dennis). MOTION CARRIED TO RETURN TO OPEN SESSION at 9:12 p.m. Ms. Robertson asked if the salary line covered the balance of the year. Mr. Mareane said it does, and hopes to have this one-time funding become permanent funding; the resolution does not commit the funding beyond this year. In addition, this amount also covers the second Deputy County Administrator salary for the first part of the year. The full salary would be $42,600. Mr. Sigler said he would not normally support the resolution as he is looking for reductions this budget year; this position would provide information needed to make the cuts, therefore he supports it. A short roll call vote resulted as follows: Ayes 14; Noes — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the adopted 2009 Tompkins County Budget earmarked contingent funding for a position for the Department of County Administration for its transition to a new County Administrator, and WHEREAS, the Program Analyst position would assist with special projects, research, analysis, and other County Administration tasks, and WHEREAS, recognizing current and future demands for additional professional -level support, the County Legislature included $57,000.00 in one-time contingency funding to support a position to be defined by the County Administrator, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee and the Budget, Capital, and Finance Committee, That the following position be created effective April 1, 2009: Program Analyst Position (62/359) labor grade L, 40 hours per week RESOLVED, further, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority: From Contingent Fund: 1990.54400 Program Expense $54,116 To County Administration: 1230.51000359 Program Analyst Position $39,791 9101.58800 Fringe $14,325 SEQR ACTION: TYPE II -20 RESOLUTION NO. 59 — APPROVAL DESIGNATIONS OF SUCCESSORS OF COUNTY OFFICERS FOR THE DEPARTMENTS AS REQUIRED BY THE COUNTY CHARTER MOVED by Mr. Shinagawa, seconded by Ms. Robertson. Mr. Stevenson stated he asked it be removed from the Consent Agenda so he could vote against the resolution. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 2 (Legislators Herrera and Stevenson). 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 144 April 7, 2009 WHEREAS, the Charter further requires those designations, except depai tment heads elected on a countywide basis, to be approved by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations 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 Operations Supervisor and CFR Chief Airport Terminal Services Coordinator County Administrator: Deputy County Administrator County Attorney Comptroller County Attorney: Deputy County Attorney Commissioner of Social Director of Services Services: Director of Administrative Services Staff Development and Quality Coordinator Director, Department of Emergency Response: Public Health Director: Medical Examiner: Commissioner of Mental Health: Comptroller: Commissioner of Personnel: Commissioner of Planning and Public Works: SEQR ACTION: TYPE II -20 Systems Manager Assistant Fire and Emergency Management Director Communication Center Manager Public Health Administrator (May act on a temporary basis only) Director of Patient Services Deputy Medical Examiner, William Klepack, M.D. Deputy Medical Examiner, David Newman, M.D. Deputy Commissioner of Mental Health Clinical: Medical Director Clinic Supervisor -Clinic Assessment and Continuing Day Treatment Clinic Supervisor -Outpatient Services Administration: Fiscal Coordinator Administrative Services Coordinator Budget and Finance Manager Director of Accounting Services Deputy Commissioner of Personnel Planning: Deputy Commissioner of Planning Principal Planner Public Works by Division: Airport: Airport Manager Facilities: Director of Facilities Highway: Highway Manager Solid Waste: Solid Waste Manager Appreciation for United Way Contributions Mrs. McBean-Clairborne expressed appreciation to everyone participating in the United Way Campaign. The goal was surpassed and the winner of the most increased donations was the Administration Department, who will have a special breakfast to express appreciation. 145 April 7, 2009 Member -Filed Resolution RESOLUTION NO. 60 — SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2010 MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Mr. Shinagawa made the following statement: "I understand the importance of having competitive salaries, however, I find it difficult to advance a resolution with increased salaries, even if small and not for several years, without recognizing the economic crisis our nation and community faces. "The revised proposal acknowledges the struggle everyone is facing in this troubled economy; keeping Legislators salaries flat for the next two years, then allows for small salary increases of $500 in the third and fourth year each, only in the event the unemployment rate in Tompkins County is under four percent. Unemployment may not be an ideal measure of the economy in our County but is widely accepted by Wall Street and Washington, D.C. as a powerful and meaningful indicator. "This resolution also still allows this Legislature to reject salary increases in the future, even if the economy improves. People across the country are, and will continue to face, wage and salary freezes or worse until the economy recovers. As representatives of the people we should share their struggle and not make ourselves exempt from it. So I urge you to support this resolution as a responsible compromise that avoids the politically easy extremes, and instead moves us forward in a way that recognizes our diverse perspectives but still proves to the public that we get it and understand it." Mr. Dennis was initially in favor of no increase for the next four years, however can support this resolution as written. In the event it were amended he would wish to return to the resolution with no increases. It was MOVED by Mr. Randall, seconded by Mr. Hattery, to offer Resolution No. 45, previously acted upon on March 17`h, as a substitute [Mr. Randall was excused at the March 17, 2009 Legislature meeting]. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for terms commencing on January 1, 2010, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall be as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $18,700 January 1, 2012 -December 31, 2012: $18,700 January 1, 2013 -December 31, 2013: $18,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010 shall be one and one-half the salary of a Legislator not serving as Chairman, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 146 April 7, 2009 Mr. Shinagawa and Ms. Robertson expressed a preference to pass the original resolution, with the option of voting in favor of Resolution No. 45 if the original failed to have support. Ms. Kiefer spoke against the substitute, noting it is impossible to determine what the economic conditions would be in the future. She is willing to believe the economy would improve by year three and have sufficient revenues to cover an increase in salary; she would like the economy to be the determining factor. Mr. Proto said unemployment is not a lagging indicator of the economy, rather it is a leading one. He expressed his belief that the economy, in the United States and abroad, would not improve sufficiently to be at the level it was prior to the current economic downfall. He believes it is optimistic to assume unemployment would be below four percent and does not desire to have an increase as suggested in Mr. Shinagawa's resolution and urges to support the substitute. A voice vote on the motion to substitute resulted as follows: Ayes — 5 (Legislators Hattery, Proto, Randall, Sigler, and Stevenson); Noes — 10. MOTION TO SUBSTITUTE FAILED. A roll call vote on the original resolution resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Kiefer, Koplinka-Loehr, Mackesey, Mcbean-Clairborne, Robertson, and Shinagawa); Noes — 6 (Legislators Hattery, Herrera, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2009 for a four-year term commencing on January 1, 2010, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and WHEREAS, the 2009 salary for a Tompkins County Legislator is $18,700, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, this resolution does not impede the Tompkins County Legislature from exercising the option to vote against annual salary increases in any year of their term, and WHEREAS, it is nonetheless prudent and appropriate in this unusual time of economic meltdown to tie the implementation of any raise to a relevant, neutral economic indicator, now therefore be it RESOLVED, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2010, shall remain unchanged for 2010 and 2011 and shall be increased by $500 each succeeding year, as follows: January 1, 2010 -December 31, 2010: $18,700 January 1, 2011 -December 31, 2011: $18,700 January 1, 2012 -December 31, 2012: $19,200 January 1, 2013 -December 31, 2013: $19,700 RESOLVED, further, That a scheduled calendar -year raise shall only take effect if the unemployment rate in Tompkins County is 4.0 percent or less, as determined by averaging the Tompkins County unemployment rate for each of the four months preceding the calendar year of the scheduled raise, RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2010 shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary increases of the Legislature. SEQR ACTION: TYPE II -20 147 April 7, 2009 Approval of Minutes of March 17, 2009 It was MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the minutes of March 17, 2009. MINUTES APPROVED. Executive Session It was MOVED by Mr. Proto, seconded by Mr. Shinagawa, to enter into executive session at 9:30 p.m. to discuss personnel items. A voice vote on the motion resulted as follows: Ayes — 7 (Legislators Dennis, Herrera, Hattery, Koplinka-Loehr, McBean-Clairborne, Proto, and Sigler); Noes — 7 (Legislators Burbank, Chock, Kiefer, Mackesey, Randall, Robertson, and Stevenson); Temporarily Out of Room — 1 (Legislator Shinagawa). MOTION FAILED. Adjournment On motion the meeting adjourned at 9:30 p.m. 148 April 21, 2009 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 McBean-Clairborne). Privilege of the Floor by the Public Michael Lane, Town of Dryden resident and former Legislator, spoke highly of the County's budget process and the example that is set for other municipalities with constant referral to the "tax levy" and not the "tax rate". He said he has watched as towns and villages put together their budget with all of their attention focused on the tax rate and is very disappointed with that practice. He asked that when Legislators speak with their respective municipal boards they talk about the importance of referring to the tax levy when developing budgets. Bethany Schroeder, Trumansburg Road, submitted the following statement for the record: "Thank you for listening to me today. My name is Bethany Schroeder; I represent the Ithaca Health Alliance as well as the people we serve at the Ithaca Free Clinic. "In my reports to you throughout this quarter, I shared that visits to the Free Clinic amounted to about 175 per month. Volunteers and staff have suspected that visits might increase as the national economic downturn brought changes to the communities of our region. In fact, during the month of March, we counted more than 220 Clinic visits, with an additional 50 visits from local veterans and their families whose services are not included in the Clinic census. We have been able to accommodate the increased visits because Clinic physicians have agreed to see more patients each shift and because we have successfully recruited additional clinicians in the complementary and ancillary fields, thereby offering more alternatives to conventional care. Volunteers work in cramped space, and patients continue to wait in every available hallway of the Health Alliance suite. "The biggest concern many of us have is that between eight and ten people are routinely turned away without any service each session, because our capacity has been met and extended and met again. Our patients also tell us about their loss of work hours, jobs, insurance benefits, homes, and help in managing their families. Many more of our patients had medical care but can no longer get it because they cannot pay for it. These patients frequently have chronic conditions, have no current access to much-needed medication and equipment, and are all too aware that they will only cost the healthcare system more as a result of their unintended self neglect. "In recent months, the Alliance was fortunate to receive a donation earmarked for subsidized Health Alliance memberships. We have put this windfall to good use with our Clinic visitors when testing, treatment, and even surgery at the hospital are required. You see, in specific situations, Alliance grants and loans pay for part of a member's care, so we know that these patients identified at the Clinic with no insurance or inadequate insurance can sometimes get care that our members help to support. "Having spent more than a year reaching out to the human services professionals in the area, we now have many more resources about which to teach our patients. Nonetheless, these systems are also increasingly strained, and we imperil the worker among us by relying too heavily on an already fragile network of support. 149 April 21, 2009 "In the next months, the Health Alliance will return to this body of leaders periodically to offer updates, news—whether good or bad, and more anecdotal information about Clinic visitors. In the meantime a visit from the County leadership, perhaps from among the members of the health committee, would be welcome. Then you can see for yourselves the reduced circumstances of a small but growing and important group of your constituents." Vonnie Dawson, Groton, spoke of her four year-old granddaughter, Rhiannon, who has been in foster care in the custody of the Department of Social Services for over one year. She distributed a file containing letters relating to this and explained in detail the battles she has experienced in this custody case. Bruce Estes, Editor of the Ithaca Journal, spoke concerning the resolution on the agenda entitled Urge New York State Legislature to Clarify the Open Meetings Law in regard to political caucusing. He distributed information to the Legislature that he had sent to Legislator Shinagawa as Chair of the Government Performance and Workforce Relations Committee. There is already an Open Meetings Law in New York State that outlines a number of areas when a legislative body is going to meet in a closed session. He said an unusual situation exists in Tompkins County because of the unusual balance of the Legislature with the current super -majority of Democrats. This super -majority could allow legislation to be discussed behind closed doors and then Legislators could return to session and take action without having additional conversations before the public. He said this "short-circuits" the public's right to be involved with their local government. He said there are times when legislative bodies must meet in private to discuss matters and he outlined those areas acknowledged by New York State and most media outlets of being acceptable and necessary for closed discussion. Distinguished Youth Award Mr. Randall, District No. 6 Legislator, presented the April Distinguished Youth Award to Peter Jackson of Groton, an 18 year-old Groton high school senior. Groton School Superintendent Dr. Brenda Myers nominated Peter, calling him multi -talented – strong in academics, leadership, arts, athletics, and one who communicates a sense of hope and understanding and has "an enormous heart." His many community activities include teaching middle school students about the adverse effects of peer pressure, producing a workout video for elementary school students, and volunteering regularly to distribute food to needy families in the Groton area. He is the recipient of a Hartwick College scholarship, which recognizes "students of character." Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, announced Earth Day events will take place in Trumansburg at the High School and in the Village on April 23. Over 150 kids will be involved in cleaning up trash and debris and planting trees and flowers. The rain date is April 30th Ms. Chock, District No. 3 Legislator, spoke of the tourism grants program and thanked the staff and panelists for all their time and efforts in reviewing the information during the grant review process. Mr. Proto, District No. 7 Legislator, brought a number of consumer alert issues to the Legislature's attention: • Interest rates rising for credit cards (some over 27%); • NYSEG bills – the time to pay without penalty has changed by at least one week to ten days; • Frontier telephone company – a new procedure has been instituted to not include a list of the long distance telephone calls. He reminded the Legislature that the Universal Fund 150 April 21, 2009 fee on telephone bills is a factor to the long distance calls made by an individual. He said he will be looking into this further at the Federal level and will keep the Legislature informed. Mr. Shinagawa, District No. 4 Legislator, updated the Legislature on the activities of the Air Service Board and the funding announcement of $416,000 (95% of the cost) by Senator Arcuri for a snowplow for the airport. He also reported there is the potential for the Airport to take advantage of the opportunities with the New York Jets Football training camp coming to Cortland County. Mr. Shinagawa announced that enplanements for the month March were up 20% from last year. He noted the fares are about the same or better than for almost all destinations as Syracuse. The Greater Ithaca Activities Center (GIAC) and the Multicultural Resource Center are having their annual meeting on April 30th and the speaker will be Sean Eversley-Bradwell who will be giving a speech called the "Audacity of Work". As a follow-up to the discussion at the Public Safety Committee meeting in regard to a proposed text -messaging -while -driving ban, he said he will be pursuing it further with the County Attorney with the hope the Committee will take it up again at their next meeting. Mr. Shinagawa provided an update on the truck regulations and said the Government Office of Regulatory Reforms sent their analysis of the regulations to the State Department of Transportation (DOT) on April 2. A request was made for DOT to improve the impact statement and cost -benefit analysis. However, it appears that to date there are no substantive changes. He believes this will be discussed in further detail at a meeting Legislator Mackesey will be attending on Thursday. Ms. Robertson, District No. 13 Legislator, also commented on the increased enplanements report and said the Northwest Airline runs well. On behalf of the task force looking into indigent defense, she announced that several speakers from other counties have been coming to meetings and providing information. Jonathan Gradess, Executive Director of the New York State Public Defenders Association, will be attending the next task force meeting on May 12th Ms. Chock continued her report and said she attended a recent Ithaca Town Board meeting. She commented that there were a number of high profile agenda items. She said reports from Municipal Officials is first on the Town's agenda and believes the County should review its Rules and consider reordering the agenda to grant the same privilege. Mr. Sigler, District No. 6 Legislator, congratulated Cortland County for getting the New York Jets football training camp. Report from Municipal Official(s) Joel Zumoff, Member of Common Council, expressed his appreciation to attend Legislature meetings and give updates. He provided the following highlights on the projects and activities within the City of Ithaca: • Water supply — The decision is whether to rebuild the water plant or purchase water from Bolton Point. The Board of Public Works is working on the Environmental Impact Statement, which is one of seven things Common Council will consider and a decision should be made in September. • Collegetown plan — A plan developed by consultants Goody Clancy is under review and should be voted on in a month or so. However, it appears the Plan was very controversial in areas such as density, parking, and the height of buildings. • Ithaca Commons study — A contract has been awarded to Sasaki and a client committee will be appointed by the Mayor to work with the contractor to develop three different designs. • Southwest Park — The City is considering putting in a large residential area. The environmental study of the area is currently being done. • Comprehensive Plan — The plan is under review as it dates from the early 1970s. 151 April 21, 2009 • City/Town Consolidation and Shared Services Study — A document has been produced but not yet distributed to all Common Council members. • Intermunicipal Health Benefits Consortium — There is a committee studying that and the process is going very well. • Dredging in the inlet — The problem is where to put the dredged spoils; alternatives are being discussed; Stewart Park, Cass Park, and the golf course have been mentioned. • Emergency Training Facility — The City approved funding to upgrade the facility. There are issues with the location and there needs to be a decision made as to whether it should be moved and can be relocated outside the City for other organizations to use as a training center. • Hangar Theater — Working on renewing their lease for the building. • Farmer's Market — A new lease was negotiated. • Budget issues — Any request to fill a vacant position in the City now requires approval by a special committee. Any expenditure over $500 requires approval by the City Controller. • Sales Tax — The reports will continue to be monitored and the resources strong. • Elections — The City has five of ten Council seats that will be up for election this year. Ms. Herrera commented on two issues Mr. Zumoff referenced. The training tower is important to the constituents in her district and they have expressed concern over the expansion. The second issue is the golf course and her constituents have said it is the only local and affordable course in the area and would find it difficult to accept the dredging spoils being spread on it. In addition, Ms. Herrera asked if there was any information available about a cell tower that is being proposed by Verizon in the vicinity of the training tower. Mr. Zumoff said he did not have any information concerning a Verizon cell tower. He also commented that a decision has not been made in regard to dredge spoils. Mr. Proto spoke about the training center and recommended Lee Shurtleff, Emergency Response Director, be contacted. He commented on construction of State Street and expressed concern that heading west there are "no standing" signs but there should be "no parking" signs and asked that it be looked into. He also asked about bike lanes on certain State routes within the City and asked if New York State was assuming the liability. Mr. Zumoff said the process for bike lanes went through the City's Department of Public Works and the Traffic Transportation Engineer, but was unable to answer his question in detail about the liability issue. Mr. Burbank commented on the issue of cell towers and said his district is being considered for a Verizon cell tower. He recommended that the City and towns get together and discuss the issue and develop some technical understanding. He believes the issue is being discussed at the next Tompkins County Council of Governments meeting. Ms. Chock encouraged the use of the County's cell towers. In addition, she requested additional information regarding the Hangar Theater lease. Chair's Report and Appointments Mr. Koplinka-Loehr said he did not have a report or appointments. Report from the County Administrator Mr. Mareane reported the Health Benefits Consortium is moving ahead and is on track to implement January 1, 2010. A series of meetings with towns and villages have been held with the consultant to explain the details of the plan. Follow-up meetings are being scheduled on a regional level for public officials to be updated on the status of the project. Meetings are scheduled for May 13th and 19th at 5:30 p.m. in the Borg Warner Room of the Tompkins County Public Library. 152 April 21, 2009 He reminded the Legislature that the Budget retreat would be held April 29th at 6:45 p.m. at the Transit Facility. He commented that 2010 is going to be a difficult year. The Legislature will be discussing how to proceed with this year's budget and setting a tax -levy target for next year. Report from the County Attorney Mr. Wood said he did not have a report. Report from the Finance Director Mr. Squires announced that he received a notice that the tobacco settlement payment for this year is larger than anticipated; it is $92,000 over our budget estimate. He said that a representative from Moody's Investors Services is visiting Ithaca this week and that he and the County Administrator have scheduled a meeting with the individual. Resolution(s) Added to and Withdrawn from the Agenda It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, to add to the agenda the resolution entitled Declaring May 2, 2009, as Green Grand Prix Day in Tompkins County. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Randall), Excused — 1 (Legislator McBean-Clairborne). MOTION CARRIED. Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Environmental Management Council Kristine Shaw — Town of Ithaca representative; term expires December 31, 2010 Andrea Turner — At -large representative; term expires December 31, 2009 Spring Buck — At -large representative; term expires December 31, 2009 Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer - County Legislator representing appropriate program committee; term expires December 31, 2009 Homeownership Oversight Committee — No set terms Ed Marx - Commissioner of Planning representative Strategic Tourism Planning Board Deborah L. Teeter — Agriculture Representative; term expires December 31, 2011 Richard Adie — Hotels, Bed and Breakfast representative; term expires December 31, 2011 Mental Health Subcommittee Leslie Anne Connors — Community Member representative; term expires December 31, 2012 Substance Abuse Subcommittee Nancy Zahler - Community Member representative; term expires December 31, 2012 Criminal Justice Advisory/Alternatives-to-Incarceration Nancy Zook — Youth Services Department representative; term expires December 31, 2011 153 April 21, 2009 Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 61 - BUDGET ADJUSTMENTS —VARIOUS DEPARTMENTS MOVED by Mr. Burbank, seconded by Ms. Chock, 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 Budget, Capital, and Finance Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6796.43803 State Revenue $10,000 6796.54400 Program Expense Explanation: Reappropriation of money to be used in 2009 in the WRAP Program. Department of Social Services Revenue Acct Title Amt 6305.54400 Basic Substance AFCU $10,000 Tax Assistance Program 6010.344389 Federal: Other Public $33,624 Safety 6010.344389 Federal: Other Public $12,105 9101.58800 Fringes Safety 6010.344389 Federal: Other Public $18,120 6010.54412 Travel/Training Safety Explanation: Resolution No. 12 of 2009 provides $10,000 for AFCU VITA Program; Transferring funds to the Department of Social Services may allow for state aid on program. Resolution No. 263 of 2008 authorized the Department of Social Services to accept a two-year Federal Violence Against Women Act (VAWA) planning grant for a program called "Safe Havens". These budget adjustments will cover the 2009 personnel costs for the recently -hired Supervised Visitation Program Coordinator and for the travel and training costs which the Department will incur for that person, the Commissioner, and our partner agencies for the mandated training/conference sessions. All associated costs are funded one -hundred percent through this grant. Approp Acct Title(s) 6010.54400 Program Expense 6010.351000087 Salary Workforce Investment Board Revenue Acct Title 6290.44783 Federal Aid, Youth Stimulus 6290.44783 Federal Aid, Youth Stimulus Amt Approp Acct Title(s) $145,330 6290.54491 Subcontracts $ 11,840 6290.54432 Rent Explanation: Contracts for Summer Youth Employment and Year Round Services. Summer Space for Office of Employment and Training and Ithaca Youth Bureau. Tompkins County Office of Employment and Training Revenue Acct Title Amt Approp Acct 6292.44783 Federal Aid, Youth $146,124 6292.54400 Stimulus 6292.44784 Federal Aid, Dislocated $ 77,395 6292.54400 154 Title(s) Program Expense Program Expense April 21, 2009 Worker Stimulus 6292.44782 Federal Aid, Adult $ 19,200 6292.54400 Program Expense Stimulus Explanation: Includes $128,981 for OET SYEP, and $17,143 for year round program. Dislocated Worker Training Expenses. Adult Training Expenses. SEQR ACTION: TYPE II -20 RESOLUTION NO. 62 — REPLACING ONE APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Mr. Burbank, seconded by Ms. Chock, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, and WHEREAS, by Resolution No. 23 of 2009, six Temporary Board of Assessment Review members were appointed by the County Legislature pursuant to Real Property Tax Law 523-a to serve on Administrative Review Panels, and WHEREAS, Robert Walpole, one of the six members, is unable to serve in this capacity, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That George Gesslein be appointed as a Temporary Board of Assessment Review Member, to replace Robert Walpole on the Administrative Review Panels. SEQR ACTION: TYPE II -20 RESOLUTION NO. 63 — FUNDING OF TOURISM PROJECT GRANTS MOVED by Mr. Burbank, seconded by Ms. Chock, 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 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: Light in Winter Festival 2010 Light in Winter Festival $9,000 PRI- Museum of the Earth 2009 Forest Journey Exhibit $9,000 Cornell Coop. Extension 2009 Green Buildings Open House $1,625 Downtown Ithaca Alliance 2009 Downtown Ithaca Holiday Festival $7,500 Cayuga Wine Trail 2009 Greyhound Wine Tour $3,000 Social Venture 4th Annual Finger Lakes International Dragon Boat Festival $15,000 $45,125 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 155 April 21, 2009 Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee RESOLUTION NO. 64 — SPONSORSHIP OF THE 2009 DIVERSITY CONSORTIUM COMMUNITY ROUNDTABLE EVENT MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Mr. Proto expressed concern that other departments would appreciate having funds to sponsor consortiums or annual dinners and believes it is inappropriate at this time to spend money on a new program that was added to the budget this year. He does not oppose the event; he disagrees with spending public monies for it. Ms. Shinagawa stated this event in years past has been sponsored by Cornell University, Ithaca College, and the City of Ithaca and believes it is now the County's turn. Ms. Herrera said Cornell has sent paid employees to this event to build networks and community relationships. Ms. Kiefer said she had hoped to include in the resolution the history of this event, but was unable to pull the information together in a sufficient manner as she would find that to be useful and hoped that could be done at a later date. Mr. Estes said the Diversity Consortium was established in 1999 as a group effort with Cornell University, City of Ithaca, and Tompkins County. The mission is to provide education and community outreach around diversity and inclusion issues. The total budget for the event is $11,500. He said in past years there have been other sponsors and in-kind services provided by Cornell University, Ithaca College, City of Ithaca and Tompkins County. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Excused — 1 (Legislator McBean-Clairborne). RESOLUTION CARRIED. WHEREAS, the members of the Tompkins County Workforce Diversity and Inclusion Committee understand the importance of, and are committed to providing education and promoting best practices in the field of diversity and inclusion throughout the County, and WHEREAS, the members of the Tompkins County Workforce Diversity and Inclusion Committee have an interest in maintaining and expanding efforts that advance equal opportunities for all community members in both securing employment and in promotion opportunities at all levels and in all occupational categories, and WHEREAS, the Diversity Consortium of Tompkins County, Inc., exists to promote the benefits of diversity and inclusion through education, enhancing awareness of, providing a supportive network for, and sharing best practices in the field of diversity and inclusion throughout the Tompkins County community, and WHEREAS, the Diversity Consortium Community Roundtable Event, first held in 2006, and again in 2007, and thereafter to be held every two years, plays a significant role in forwarding the vision of the Tompkins County Legislature and the Workforce Diversity and Inclusion Committee, now therefore be it RESOLVED, on recommendation of the Workforce Diversity and Inclusion and Government Performance and Workforce Relations Committees, That the Director of Finance is authorized to disburse $2,800 from Account No. 1010.54486 to the Diversity Consortium of Tompkins County in support of the Diversity Consortium's 2009 Community Roundtable Event, to be held on May 7th SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee 156 April 21, 2009 RESOLUTION NO. 65 — ADOPTION OF CLIMATE -SMART COMMUNITIES PLEDGE MOVED by Ms. Mackesey, seconded by Ms. Robertson. Ms. Mackesey briefly explained the resolution and said the New York State Department of Environmental Conservation is requesting that all municipalities around New York State adopt this resolution. Mr. Proto spoke in opposition of the resolution and stated one reason for his concern is the lack of time to review the back-up data pertaining to the statement about health threats and exotic diseases referenced in the fourth Whereas. He also addressed his concern this will have on municipalities and referred to item #6 pertaining to land -use planning also item #10 and the lack of acknowledgment for "failed efforts" noting that not all things work. Mr. Sigler also spoke in opposition to the resolution. This County should be proud because most of the items addressed in the resolution have been done. The problem he has with the resolution is item #4 — Encourage Renewable Energy for Local Government Operations. He believes it is committing the County to buying as much of the local government's power, heat, hot water from the sources outlined. Mr. Dennis said all localities need to make the effort and take responsibility to change the climate. Ms. Herrera supports the intent of the resolution and offered a couple suggestions that were accepted as friendly and are reflected in the resolution below. Mr. Hattery said he does not agree with the third Whereas in the resolution and quoted a poll that was released last week in which it was stated "one out of three voters (34%) now believe that global warming is caused by human activity; however, a plurality (48%) of the political class believe humans are to blame". He spoke of novel laureate in physics who said "I'm a skeptic, global warming has become a new religion". Mr. Hattery said it is not his. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Excused — 1 (Legislator McBean-Clairborne). RESOLUTION CARRIED. WHEREAS, the New York State Department of Environmental Conservation is encouraging the State's municipalities to sign on to a "climate -smart communities" pledge by Earth Day (April 22, 2009), and WHEREAS, Tompkins County has already undertaken many of the recommended climate -smart activities, including joining ICLEI (the International Council for Local Environmental Initiatives) in 2001, and WHEREAS, Tompkins County Legislature believes that climate change poses a real and increasing threat to our local and global environments, and controlling greenhouse -gas emissions, which are primarily due to the burning of fossil fuels, is of paramount importance, and WHEREAS, the effects of climate change will endanger infrastructure, economy, and livelihoods; harm farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to citizens, and WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy -independent and secure communities, vibrant innovative economies, healthy and safe schools, and resilient infrastructures, and WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts, and WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change and peak oil for decades to come, now therefore be it 157 April 21, 2009 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County, in order to reduce greenhouse gas emissions and adapt to a changing climate has and will: 1. Pledge to Combat Climate Change by Becoming a Climate Smart Community Tompkins County has conducted a community -wide planning process to develop and adopt an amendment to the County Comprehensive Plan addressing Energy and Greenhouse Gas Emissions (EGGE). The plan element, adopted in December 2008, sets at least an 80% reduction goal by 2050 and 10% reduction goal within five years. Tompkins County stands ready to work cooperatively with task forces in neighboring communities to ensure that efforts complement and reinforce one another. As an official signal of commitment and for access to technical resources, Tompkins County has been a member of ICLEI Local Governments for Sustainability - Climate Protection campaign since 2001. 2. Set Goals, Inventory Emissions, Move to Action Tompkins County has gathered data, inventoried GHG gas emissions, and established baselines for local government operations and community sectors. We have developed quantifiable interim GHG emission targets consistent with emission reduction goals and are in the process of proposing a schedule and financing strategy to meet them. Stakeholder and public input has been encouraged in the development of an action plan. Tompkins County will report emissions to The Climate Registry (TCR), which has developed a standardized method for reporting emissions inventories; and use ICLEI and TCR's tools to track and evaluate progress. A priority action of the EGGE element is to work with local municipalities, school districts, businesses, institutions of higher education, and non -profits to develop a 5 -year strategy to reduce community greenhouse gas emissions by at least 10% of 2008 emissions levels, including a detailed plan for County government to achieve that same target. 3. Decrease Energy Demand for Local Government Operations In 2002 Tompkins County government, as part of our ICLEI commitment, adopted a 2008 goal of a 20% reduction of Greenhouse Gas Emissions from 1998 levels and in 2008, with the adoption of the Energy Element of our Comprehensive Plan, established a goal of a 10% reduction from 2008 levels within five years and at least an 80% reduction by 2050. A. Existing Public Facilities. Tompkins County has inventoried current government building electricity usage and identified opportunities for conservation and efficiency retrofits. We obtained energy assessments from Johnson Controls pursuant to an Energy Efficiency Performance Contract. We have implemented phase one and are actively considering additional actions such as purchasing energy-efficient equipment and appliances, such as Energy Star®; improving lighting, heating, and cooling efficiency; setting thermostats for maximum energy conservation; and decreasing plug load from office equipment. B. New Public Buildings. The Energy and Greenhouse Gas Emissions element of the County Comprehensive Plan calls for adopting formal County government policies for achieving at least minimum U.S. Green Building Council Leadership in Energy and Environmental Design standards (LEED Silver) for all new County government buildings. C. Infrastructure. Tompkins County will incorporate energy efficient technologies and operations and maintenance practices into - its outdoor lighting and traffic signals, and road maintenance operations, and will encourage its constituent municipalities to act similarly, including in their water and wastewater treatment facilities. D. Vehicle Fleet and Commuting. Tompkins County will improve the average fuel efficiency of local government fleet vehicles; discourage vehicle idling and encourage bicycling, car-pooling and public transit for employees; consider reducing the number of vehicles, converting fleet vehicles to sustainable alternative fuels, and 158 April 21, 2009 using electric vehicles where possible. To date Tompkins County has purchased B20 bio -diesel for Highway Division vehicles, is evaluating the use of CNG or propane in other vehicles, provides bus passes for commuting to county employees, and is developing a "green fleet" policy for all county vehicles. 4. Encourage Renewable Energy for Local Government Operations Tompkins County will supply as much of the local government's power, heat and hot water needs as possible from solar, wind, geothermal and small hydro through purchase or direct generation. Tompkins County's installation of photovoltaics on the Public Library in 2001 was one of the first such installations by a municipality in New York State and Tompkins County has purchased a portion of its electrical energy from wind since 2007. 5. Realize Benefits of Recycling and Other Climate Smart Solid Waste Management Practices Tompkins County has expanded the "reduce, reuse and recycle" approach to waste management in local government operations and in the whole community We are reducing the amount of solid waste generated by: promoting backyard, municipal, school, institutional and commercial composting, implementing volume -based pricing and educating residents on how to prevent waste. We have promoted reuse by assisting in the establishment of the not-for- profit Tompkins County Reuse Center, organizing community -wide yard sales, and providing opportunities for drop-off or trade of reusable goods. We provide recycling receptacles in local government buildings and outdoor spaces, encourage duplex printing in government offices and composting food scraps and green waste, and have adopted a comprehensive green purchasing program. The County is developing a strategy to divert 75% of the community waste stream from landfills by 2015 as provided for in the EGGE element. 6. Promote Climate Protection through Community Land -Use Planning Tompkins County is combating climate change by encouraging low -emissions development that is resilient to climatic changes. The Tompkins County Comprehensive Plan includes provisions to combat climate change; reduce sprawl; preserve and protect open space, biodiversity, and water supplies; promote compact, transit -oriented, bikeable and walkable communities; promote infill development; minimize new development in floodplains; maintain or establish healthy community forests; and promote best forest management practices and encourage tree planting, especially along waterways, to increase shading, to hold soil, and to absorb carbon dioxide. 7. Plan for Adaptation to Unavoidable Climate Change Tompkins County will evaluate risks from unavoidable climate change, set adaptation goals and plan for adaptation including: identifying climate change impacts (such as flooding, drought, more powerful storms, changed growing seasons, and extreme temperatures) that could affect the community; identifying areas such as water supply and sewer infrastructure that may be at risk due to future changes in climate; factor environmental risks into long-term investments and decision-making; and, execute climate change adaptation and preparedness measures through local government planning, development and operations, giving priority to the highest risk areas. A priority action of the EGGE element is to develop an adaptation plan to help prepare the community for impacts of global climate change and peak oil. 8. Support a Green -Innovation Economy Tompkins County will identify opportunities to incorporate climate protection, sustainability, import substitution, and environmental goods and service industries into economic development plans; encourage workforce development training and school curricula that support good jobs in the emerging green collar job sector, including renewable energy and 159 April 21, 2009 energy efficiency, as well as climate -smart solid waste management practices; procure climate smart goods and services for local government operations and support modernizing of local and national electricity grids. A priority action of the EGGE element is to promote green business development and create green job training opportunities for the unemployed and employed workers, high-school students, and college students. 9. Inform and Inspire the Public Tompkins County has led and will continue to lead by example including highlighting local government commitment to reducing energy use, saving tax dollars, and adapting to changing conditions; demonstrating the benefits of energy savings, energy efficiency, and renewable energy projects; working with school districts, colleges, and universities to develop climate change curricula and programs; engaging faith -based communities in climate protection; and regularly communicating community climate -protection goals and progress to constituents. A priority action of the EGGE element is to incorporate into the Tompkins County Comprehensive Plan Indicators of Success Report metrics of change in energy use and greenhouse gas emissions, energy efficiency improvements, and renewable energy systems installations in the community. 10. Commit to an Evolving Process Tompkins County acknowledges that research and policy on climate protection are constantly improving and evolving and is willing to consider new ideas, commit to update plans and policies as needed, as well as compare successes, cooperate, and collaborate with neighboring communities to redirect less -effective actions and amplify positive results. SEQR ACTION: TYPE II -20 RESOLUTION NO. 66 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE DEVELOPMENT - COMMUNITY ARTS PARTNERSHIP MOVED by Ms. Mackesey, seconded by Ms. Chock. Mr. Proto spoke about the total amount of approximately $1 million that has been approved since 2004. He questioned how the program was doing since the organization that is responsible for the oversight collects the 10% for administering the programs and was assured that reports would be provided by each entity in the future at the Committee level. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION CARRIED. WHEREAS, Community Arts Partnership (CAP) recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, that would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and WHEREAS, CAP was appointed to create a comprehensive arts -marketing plan and develop and implement a plan for financial and operational development and capacity building 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 Room Tax Occupancy budget for the Arts and Cultural Stabilization Plan program, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That, with the advice of the Strategic Tourism Planning Board, the following Arts and Cultural Organization Stabilization Grants be awarded in 2009: 160 April 21, 2009 2004 2005 Hangar Theatre $30,000 $30,000 Cayuga Chamber Orchestra $20,000 $25,000 Kitchen Theatre $25,000 $25,000 The History Center $20,000 $30,000 PRI/Museum of the Earth (State Theatre) $30,000 Light in Winter Cayuga Nature Center Sciencenter 2006 $30,000 $20,000 $35,000 $23,000 $20,000 $30,000 $30,000 2007 $32,500 $22,000 $39,680 $30,000 $25,000 $30,000 2008 $37,500 $23,275 $34,000 $30,000 $30,000 $37,000 2009 $24,000 $18,700 $22,400 $23,200 $18,000 $16,000 $22,000 $28,000 $10,000 Grants Total $125,000 $140,000 $158,000 $179,180 $213,775 $160,300 RESOLVED, further, That Community Arts Partnership is paid an amount up to $18,000 (10 percent of program) for administrative evaluation and oversight services, RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with the recipients and Community Arts Partnership pertaining to this program. SEQR TYPE: TYPE II -20 RESOLUTION NO. 67 - FUNDING OF NEW TOURISM INITIATIVE GRANTS MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote by members present. 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: Finger Lakes Wine Center Start -Up Cost Assistance $10,000 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. 68 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Ms. Mackesey, seconded by Ms. Chock. Mr. Proto expressed concern that the funding was not approved for project to restore the monument in DeWitt Park. He spoke of the collaboration efforts and said it is very close to being completed and the celebration will take place this fall. It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to restore the $2,000 funding request for the Rededication of Memorials in DeWitt Park. Ms. Herrera commented that this County needs assistance in maintaining its parks and believes this should be explored further. Ms. Chock noted that there was a total of $28,000 to spend and that amount was to be divided into two rounds; the second round will take place in the fall. In response to a question by Mr. Dennis, Ms. Chock said the money for the $2,000 would come out of the funds for the fall round. 161 April 21, 2009 Mr. Sigler commented that having served on this committee in the past he understands why the funding was not approved. However, the design of this project is to bring people in and celebrate the community. It was MOVED by Mr. Dennis, seconded by Mr. Stevenson, to call the question. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Kiefer and Robertson), Excused — 1 (Legislator McBean-Clairborne). QUESTION WAS CALLED. Ms. Chock acknowledged she served on the grant review panel and asked if it was a conflict of interest for her to vote. Mr. Wood did not believe it was a conflict of interest. A voice vote on the amendment resulted as follows: Ayes — 12, Noes — 2 (Legislators Chock and Burbank), Excused — 1 (Legislator McBean-Clairborne). AMENDMENT CARRIED. Ms. Kiefer expressed concern that the funding for the Clock Museum event A Tribute to Time in Ithaca was not granted and believes it should have been funded. It was MOVED by Ms. Kiefer to award $1,500 for this event. MOTION FAILED FOR LACK OF A SECOND. A voice vote resulted as follows on the resolution as amended: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Town of Danby 2009 Danby Fun Day & Parade $ 900 City of Ithaca 2009 GIAC Community Festival 1,000 City of Ithaca 2009 Pumpkin Jam & Scarecrow Jubilee 400 City of Ithaca and Town of Dryden 2009 Greater Ithaca Area Quilt Show City of Ithaca Juneteenth 2009 Town of Lansing 2009 Lansing Youth Fishing Derby Village of Trumansburg 2009 Main Streetscape Completion and Town of Newfield Town of Lansing Town of Groton City of Ithaca Town of Enfield Town of Dryden City of Ithaca Town of Groton Town of Ithaca Village of Groton Town & Village of Dryden City of Ithaca 500 1,000 400 Street Dance 1,000 2009 Newfield Old Home Days 1,400 2009 Harbor Festival 1,400 2009 Annual Halloween Celebration 200 Latino Heritage Month Celebration 2009 1,200 2009 Enfield Harvest Festival 1,400 Marking Bethel Grove 2009 West End Festival 2009 Happenin' in the Hamlet 2009 Ithaca Celebrate Agriculture 2009 Groton Olde Home Days 2009 Dryden's Old Home Days Rededication of Memorials in DeWitt Park 162 400 1,400 700 1,400 1,200 1,400 2.000 $17,940 April 21, 2009 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 Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee RESOLUTION NO. 69 — URGE NEW YORK STATE LEGISLATURE TO CLARIFY THE OPEN MEETINGS LAW IN REGARD TO POLITICAL CAUCUSING MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Ms. Kiefer commended Bruce Estes who spoke under privilege of the floor for his dedication to this topic, but commented that the Legislature is well aware of topics appropriate for executive sessions and noted caucus serves a different purpose and she will support the resolution. Mr. Sigler thank Mr. Shinagawa for finding a middle ground on this issue and said he could support the resolution. Mr. Randall believes the rules are clear and that justification is not necessary. He stated he has had reservations with having caucus meetings and will not support the resolution. Ms. Robertson referenced earlier comments about our budget process compared to the State's, and said she was proud of the open manner in which the County conducts its business. Mr. Dennis spoke in support of the resolution and caucuses. Ms. Herrera also stated that she opposes the current practice of decision-making in caucuses and disagrees with how they are conducted. A voice vote resulted as follows on the resolution: Ayes — 12, Noes — 2 (Legislators Herrera and Randall), Excused — 1 (Legislator McBean-Clairborne). RESOLUTION CARRIED. WHEREAS, in 1985 the New York State Open Meetings Law was amended to exclude political caucuses, and WHEREAS, political caucuses are an important and appropriate tool to deal with policies and priorities of political parties, but should not be used to make decisions on public issues, and WHEREAS, the Tompkins County Legislature firmly believes that public business should be considered and debated in public, now therefore be it RESOLVED, That the Tompkins County Legislature urges the New York State Legislature to clarify the Open Meetings Law with regard to political caucusing to better differentiate between political matters and public matters. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget, Capital, and Finance Committee Mr. Dennis, Chair, said the next Committee meeting is April 27111 at 3:30 p.m. RESOLUTION NO. 70 - APPROPRIATION FROM CONTINGENT FUND — CITY OF ITHACA — MUNICIPAL SALES TAX AGREEMENT MOVED by Mr. Dennis, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION CARRIED. WHEREAS, Resolution No. 87 of 1993, gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and 163 April 21, 2009 WHEREAS, actual collections within the City of Ithaca increased by 6.9 percent in 2008, and WHEREAS, adjustments necessary to pay the various agencies requires an appropriation from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance be authorized and directed to make the following budget appropriation: BUDGET APPROPRIATION: From: Unallocated Revenues A9999.41110 $65,227 Budget 2009 Due Change To: Opportunities, Alternatives, and Resources A6315.54400 $6,952 $7,433 $481 Opportunities, Alternatives, and Resources A6315.41110 $6,952 $7,433 $481 Human Services Coalition Agencies A6305.54400 $295,302 $315,749 $20,447 Human Services Coalition Agencies A6305.41110 $295,302 $315,749 $20,477 County/City Program A6901.54666 $460,086 $504,385 $44,299 County/City Program A6901.54666 $460,086 $504,385 $44,299 Total Change $65,227 SEQR ACTION: TYPE I1-20 Report from the Public Safety Committee Ms. Robertson, Chair, said the Committee met yesterday and discussed several items. The Sheriff's Department is working with the Highway Division on a work release initiative where two inmates will work with highway crews this summer. The Committee has been discussing the evaluation of criminal justice data and several key staff have pulled together an inventory of applications (data collection software) used by criminal justice departments. Judge Rossiter attended a Criminal Justice Advisory/Alternatives to Incarceration Board meeting recently and reported that there are between 30-40 active participants at any one time (up from 18) in the City Drug Court. The Committee discussed the Rockefeller Drug Laws. The State calculated going back to 2005 how many people would be eligible for re -sentencing under the reformed laws and it appears there are approximately ten people from Tompkins County. In the future, there could be increased costs in the Probation area related to the reformed laws. A proposal for banning text messaging while driving was considered by the Committee; however, there were serious concerns about enforcement. Ms. Carey, Social Services Commissioner, suggested more public education was needed and Ms. Cole may seek a traffic safety grant for this purpose. The next Committee meeting is May 18th Mr. Shinagawa agrees with doing a public education campaign for text messaging while driving. There is an awareness of the distraction it causes but the problem is the social acceptance of it. Report from the Workforce Diversity and Inclusion Committee This report was deferred to the next meeting. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee met yesterday and discussed Rule XVII — Acquiring and Disclosing Information of the Rules of the Legislature. Ms. Younger reported to the Committee that Department Heads at their last meeting expressed interest in submitting comments on that Rule. Ms. 164 April 21, 2009 Kiefer again encouraged Legislators to submit any suggestions they may have on the Rules. In particular, she said the Committee discussed the attendance rule of Legislators as addressed in Rule II — Quorum noting there is authority to compel attendance at Legislature and committee meetings and to levy fines, and she asked for feedback. Over the years, this rule has not been followed and the Committee discussed various options. Mr. Proto said another issue the Committee will be discussing at a future meeting is the use of cell phones and text messaging at meetings. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee met on April 14th and highlighted the discussions held. Departments updated the Committee on the impacts in regard to the State Budget. The Human Services Coalition reported that most agencies will be funded at the same level as 2007 with slight adjustments. The 2-1-1 program lost approximately $80,000 in funding. Office for the Aging lost funding in the amount of $50,000 for the long-term care education outreach program. The Health Department is asking for the conference room at the new Health Department Building be renamed and that request is going through the appropriate committee process at this time. The Office for the Aging annual luncheon is scheduled for May 13th Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Herrera, Vice Chair, said the Committee met April 16th and highlighted the items on the agenda. She reported the alternative fuels consortium has been launched with 17 municipalities, Cornell University, Ithaca College, TCAT (Tompkins Consolidated Area Transit), school districts and fire departments agreeing to join. Two projects were confirmed for the Federal Stimulus Plan: Warren Road and Pine Tree Road enhancement. A letter from the State Court System was received concerning the need for additional space in the Courthouse. A response is being prepared. Congressman Arcuri has also asked for a list of transportation projects that may qualify for funding he has available within his district. The Committee reviewed various design options including landscaping, outdoor lighting, parking lot, etc. for the new Health Department Building. In addition the Committee reviewed the Hanshaw Road project. The next meeting is May 21st RESOLUTION NO. 71 - AUTHORIZING A REIMBURSABLE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO ALLOW FOR THE RELOCATION OF RUNWAY 32 LOCALIZER ARRAY — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Randall. Ms. Chock asked what a localizer array was and why it is necessary to relocate it. Ms. Herrera said a localizer array assists aircraft into the airport for a safe landing and the relocation of the instrument is a requirement of the FAA. She believes there is no local impact to the area or a concern for the residents. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, through Resolution No. 25 on March 3, 2009, the Legislature approved the award of a contract to C&S Engineers, Inc., to design the relocation of runway 32 localizer array project, and WHEREAS, the Federal Aviation Administration requires that their facilities division become involved in reviewing the design, supplying a refurbished localizer array, installing said localizer array, and doing a flight check to verify its accuracy, and WHEREAS, the Federal Aviation Administration requires payment of $140,668 in advance to cover the costs associated with their involvement in said project, and 165 April 21, 2009 WHEREAS, the $140,668 will form part of the Airport Improvement Program (AIP) grant of $8,475,000, already received, for construction of the runway safety area improvements and obstruction clearance, as follows: Federal Aviation Administration (95%) $133,634 New York State Department of Transportation (2.5%) $ 3,517 Local (Airline Rates & Charges) $ 3,517 Total $140,668 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Reimbursable Agreement with the Federal Aviation Administration be approved and the Finance Director be authorized to make payment to the Federal Aviation Administration until it is reimbursed under the runway safety area improvements and obstruction clearance construction project. SEQR ACTION: TYPE II -2 Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, said the Committee met April 10th and had an update and report by the Board of Elections on the 2008 elections and voting machines. The Committee also discussed proposed legislation concerning equal pay and said the Committee will discuss it further at the next meeting. County Administrator Joe Mareane presented the Quarterly Social and Economic Indicators report. A brief report on the process for updating Administrative Manual policies was also provided. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee met April 8th and received an annual report from the Agricultural and Farmland Protection Board. It was noted that one of the largest organic farms in New York State is located in Tompkins County. On May 7th there will be a training session for municipal officials on planning for agriculture. Mr. Marx, Planning and Public Works Commissioner, reported a contract has been awarded for an appraiser for the Biggs Building. The appraisal will occur in the next two months and discussions with the Town of Ithaca will follow. A report from Fred Bonn of the Convention and Visitor's Bureau was given. There was a 19.7% decrease in January over last year in tourism in Tompkins County. RESOLUTION NO. 72 — DECLARING MAY 2, 2009 AS GREEN GRAND PRIX DAY IN TOMPKINS COUNTY MOVED by Ms. Mackesey, seconded by Ms. Kiefer. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Hattery and Randall); Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Green Grand Prix will be held in Watkins Glen on May 2, 2009, and WHEREAS, this event continues to be unique and is currently the only Sports Car Club of America -sanctioned event of its kind within the United States, and WHEREAS, the Green Grand Prix event is now in its fifth year with its stated goal being "to promote awareness of environmentally friendly transportation and fuels through educational activities and motoring events", and WHEREAS, the Tompkins County Legislature recognizes this event's goal is in accord with our support of environmentally friendly transportation, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature declares May 2, 2009, as Green Grand Prix Day in Tompkins County and encourages its residents to participate and enjoy the event. SEQR ACTION: TYPE II -20 166 April 21, 2009 Approval of Minutes 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 April 7, 2009, meeting as submitted. MINUTES APPROVED. Unfinished Business Performance Evaluation of Four Direct Reports (County Administrator, County Attorney, Finance Director and Clerk of the Legislature Mr. Koplinka-Loehr referenced the questions as outlined below that had been distributed to Legislators under separate cover concerning the performance evaluation process for the four directs reporting to the Legislature. The responses received were distributed to the Legislature at this time and reviewed. 1) What review tool to use? (OK to go forward with the draft instrument?) 2) Who wants to be on a team and how many teams? (will need feedback from all Legislators on all Direct Reports in any event) Should all Legislators be involved in the reviews as a first time go around then implement a single review panel for next time? 3) What time frame do we want to use to begin and end the Performance Review process, Nov - January, Dec - March, January —April, June - August, as examples? (We owe Joe one at his 6 -month mark.) 4) When will/should Direct Reports get the orientation training similar to Legislators? There are two areas that need further discussion: (1) Adding other values or categories to the process; and (2) How many panels or teams. Other Values or Categories Ms. Herrera asked what the process is for adding other values as she believes values are very difficult to measure. She does not believe at this time it is appropriate to add ethics to the process until there is consensus. Mr. Koplinka-Loehr commented that one option is to begin with the proposed instrument and that during the process there could be other categories the Legislature would be interested in measuring. In response to a question by Ms. Chock, Mr. Koplinka-Loehr said he is asking for a consensus by the Legislature to begin the process with the initial instrument as presented. Ms. Chock believed there was unanimous support during the working sessions for adding integrity or ethics as a category. Ms. Kiefer agreed with Ms. Chock's comments that there was support to have integrity reflected within the proposed instrument. She also agrees with Ms. Herrera that it is very difficult to measure, but the importance of conveying it as a quality the Legislature wants in staff is just as important. In addition, she believes that it is important that the reviews are done sooner rather than later. 167 April 21, 2009 Ms. Robertson also agreed that integrity and honesty should be included as a category, but the process could move forward while an "integrity" section is written and approved. Following further discussion, it was MOVED by Ms. Chock, seconded by Ms. Robertson, to amend the instrument that an element be added regarding integrity and ethics. Ms. Robertson noted that this information was in the original proposal. Ms. Younger clarified that the integrity category was discussed, but that it was suggested to allow this pilot process to take place and that discussions around integrity and ethics would evolve and go back to make revisions to the process accordingly. A voice vote resulted as follows on the above amendment: Ayes — 4 (Legislators Chock, Herrera, Robertson, and Shinagawa); Noes — 10; Excused — 1 (Legislator McBean-Clairborne). AMENDMENT FAILED. Ms. Robertson asked the committee responsible for this to work on language and bring back a proposal to the Legislature for consideration. A voice vote on the acceptance of the instrument for the process to evaluate the four direct reports resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). MOTION CARRIED. Initial Review Panel It was MOVED by Ms. Herrera, seconded by Mr. Hattery, to begin with one panel for all four direct reports. Following a brief discussion, a voice vote resulted as follows: Ayes — 9; Noes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Robertson); Excused — 1 (Legislator McBean- Clairborne). MOTION CARRIED. It was MOVED by Mr. Hattery, seconded by Mr. Sigler, to suggest that five Legislators serve on the panel representing the following: Chair of the Legislature, Chair of the Budget, Capital, and Finance Committee or designee, Chair of the Government Performance and Workforce Relations Committee or designee, minority perspective (political party); at -large representative. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator McBean-Clairborne). MOTION CARRIED. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present, to hold an executive session to discuss negotiations. An executive session was held at 9:05 p.m. and returned to open session at 9:20 p.m. Legislators Sigler and Stevenson were excused at 9:05 p.m. Adjournment The meeting adjourned at 9:20 p.m. 168 May 5, 2009 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 McBean-Clairborne arrived at 5:35 p.m.). Presentation of Proclamations Mr. Koplinka-Loehr presented the following proclamation(s): Youth Leadership Week in Tompkins County — May 3 — 9, 2009, to Kathy Schlather, Chair of the Youth Services Board. At this time Ms. Schlather, with the assistance of Asher Hockett, member of the Youth Services Board, and Nancy Zahler, Director of Youth Services, presented awards to TST BOCES students volunteering at Foodnet, Sister to Sister mentoring workshop facilitators, and members of Vitamin L, a positive -motivational chorus. Ms. Schlather announced there would be a Youth Plan Teen Empowerment Forum on Saturday, May 9th and that many other groups would be receiving certificates for their work. Ms. Schlather expressed appreciation for the support provided to cultivate and channel the positive energy of Tompkins County youth. Mrs. McBean-Clairborne arrived at this time. County Government Week in Tompkins County — May 3 — 9, 2009, to Paula Younger, Deputy County Administrator. Mr. Koplinka-Loehr thanked employees for their dedication and effort to the County. Special Orders of the Day Mr. Koplinka-Loehr announced that at 7:00 p.m. there would be a presentation on the Health Benefits Consortium. Privilege of the Floor by the Public Vonnie Dawson, Groton Resident, provided a call narrative relating to her daughter's efforts to receive custody of her own daughter. She reviewed various discussions and requests for assistance and asked Legislators to contact her to discuss the matter further. Michael E. Lane, Village of Dryden resident, spoke of the previous difficulties experienced when voting at the Organizational meeting and suggested rather than voice votes or votes by show of hands, the Legislature purchase an electronic voting system to provide clear outcomes of voting. He believes it would be affordable and not only would provide a better method for casting votes but also could cue in Legislators wishing to address the issues on the floor. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, announced the Farmers' Market held an Earth Day event, with Mr. Mareane, County Administrator, participating as the keynote speaker. 169 May 5, 2009 Mr. Burbank, District No. 12 Legislator, announced the Ithaca Festival buttons are now available for sale in various stores. He encouraged the purchase of the buttons, which are a major portion of the revenue required to hold the annual festival, noting they also provide discounts the week prior to the festival. Ms. Robertson, District No. 13 Legislator, referred to a recent article in The Ithaca Journal that reported on a Chamber of Commerce meeting. In the article there were recommendations from John Neuman on efficiencies that could be made within County government. She said that Mr. Mareane, Mr. Dennis, and she are planning to meet with Chamber representatives to discuss them further. Mr. Randall, District No. 9 Legislator, announced the tax assessment grievance day for Groton would take place on May 14th at the Groton Town Hall. He also announced there would be a TST- BOCES Annual Plant Sale which includes flowers and vegetables, will be starting May 9th, 8 a.m. to noon, and subsequently Monday through Friday 8:30 a.m. to 2:45 p.m. Also happening on May 8th and 9th, McLean will be celebrating Happenings in the Hamlet. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the importance of youth recognition. She announced that the Youth Council, which was developed following meetings held several years ago by youth expressing concerns, would hold its first public meeting on May 7th, 7:00 p.m. in the City Council Chambers. The Council is made up of ten teenage council members from multiple municipalities. They are asking for public input to share thoughts, concerns, hopes, etc. in order to develop conversations with appropriate municipal officials in an effort to improve the lives of Tompkins County youth. Presentation of Resolution(s) from the Budget, Capital, and Finance Committee RESOLUTION NO. 73 - ENDORSING STATE LEGISLATION S3984 AND A1753 EXTENDING EXISTING SALES AND USE TAX AUTHORITY OF THE COUNTY OF TOMPKINS MOVED by Mr. Dennis, seconded by Ms. Robertson. Ms. Herrera said she voted against this at Committee as she believes it to be a regressive tax. Although she recognizes that the County relies on the sales tax revenue for its budget she would not support it. Mr. Burbank will not support the resolution, he also believes it to be inherently regressive. Mr. Proto noted he has always voted against the sales tax, which had been requested years ago for the specific purpose of increasing revenues due to a shortage experienced when the County was doing landfills; it has outlived its purpose. Ms. Robertson spoke of the need to have a balance of sales, income, and property taxes. She believes the present tax structure is wrong, noting schools depend too much on property taxes and the fact that Medicaid is a significant piece of the property tax charged to New York residents. She said the sales tax provides some form of revenue from residents using local services who do not pay a property tax. She will support the resolution. Mrs. McBean-Clairborne spoke of former Legislator Michael Lane's attempts to pass the resolution to reduce sales tax on clothing items; she hopes that it may be considered at a later date to assist low-income individuals during this tough economic time. A roll call vote on the resolution resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Herrera, Proto, and Randall). RESOLUTION ADOPTED. 170 May 5, 2009 WHEREAS, the County of Tompkins has had the authority to enact an additional one cent of sales and use taxation since December 1, 1992, and has enacted such taxation, and WHEREAS, this authority has been exercised since that date and expires November 30, 2009, and WHEREAS, this Legislature by Resolution No. 255 of 2008 requested the members of the New York State Senate and Assembly who represent Tompkins County to sponsor and support legislation extending this authority beyond November 30, 2009, and they have done so and have introduced S3984/A1753 "AN ACT to amend the tax law, in relation to authorizing the County of Tompkins to continue imposing an additional one percent sales tax" that extends this authority to November 30, 2011, now therefore be it RESOLVED, on recommendation of Budget, finance, and Capital Committee, That this Legislature endorses and requests State approval of legislation known as S3984 and A1753, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 74 - ESTABLISHMENT OF 2010 COUNTY FINANCIAL GOAL MOVED by Mr. Dennis, seconded by Mr. Shinagawa. Mr. Dennis said many viewpoints were discussed at the retreat. He understands not all members of the Committee agree with the resolution coming out of Committee he appreciates their support to bring it to the floor. Ms. Kiefer spoke of a resolution she offered for consideration at the Committee meeting that provided an explanation that the 14.8 percent tax levy increase includes approximately 5.5 percent tax levy increase just to cover New York State mandates and automatic payments, without providing any money toward locally controlled programs. The three percent increase is unconscionable; it would mean not even covering what we are required to do. Ms. Kiefer pointed out by way of illustration, a six percent tax levy increase would only increase taxes on a $100,000 home by just under $16 per year; and a 14.8 percent tax levy increase, the full maintenance -of -effort level, would equate to $67.50 on a $100,000 home. She does not believe the three percent level would provide appropriate assistance to our constituents and therefore will not support it. Mr. Proto noted that in order to have a zero percent tax levy increase it would require a $5.5 million decrease in program changes and only have an $18 decrease on a $100,000 home. Ms. Robertson agreed with Ms. Kiefer's statements regarding the proposed tax levy increase not covering expected increases in mandated expenses. She said the County Administrator recommended at least five percent and leaning more toward a six percent increase in the tax levy. She believes setting the target too low causes stress on staff, causing some to leave county government, and also stress at the public level. It was MOVED by Ms. Robertson, seconded by Ms. Mackesey, to amend the resolution to reflect a four percent tax levy increase. At this time Ms. Robertson spoke of the proposed increase in salary for Management employees, noting the Legislature had a choice of whether to approve an increase. She said the increase would be an additional expense of $132,000, which over a two-year period would require $264,000. Although she would like to include the Management staff for a raise, if the Legislature passes a three -percent -tax levy increase it would be illogical to approve a Management raise if at that level. Ms. Chock noted it is irresponsible to not find a way to cover mandated items. The County needs to tighten belts, which is necessary at any level under a 14.8 percent tax levy increase. She believes it is fair to look at what is under County control to reduce the tax levy, however, she believes that New York State government needs to recognize that counties cannot keep having mandates sent without funding and 171 May 5, 2009 with the expectation that counties can absorb the difference. She will support the amendment, though it isn't enough and believes the County will have to make cuts in its budget. Ms. Herrera said mandates, whether agreed to or not, are sent down by Federal and State government to the county level and must be paid, even as counties are working at changing this practice. She does not believe it is irresponsible to pass a tax levy lower than what the mandates require for funding. Ms. Herrera spoke of the increased demands that are presently placed on health and human service programs and other aid programs, and does not think anyone wants to cut vital programs at this time of crisis. She thinks the County can find places to reduce costs and maintain Tompkins County standing as one of the strongest counties in the state and maintain its staff. She realizes there is not enough support for a zero percent budget, which is why she supported the three percent resolution in retreat and at the committee level in order to provide deliberation by the full Legislature. She would not support the increased percentage and would rather go lower to aid poor and unemployed residents who cannot afford the increase. Mrs. McBean-Clairborne expressed her hope that the tax levy would not go to two percent. She said there is a great deal of hard work to be done regarding the 2010 budget. She spoke of her inability to attend the budget retreat and is concerned with hearing the suggestion that the people who work to put policies in place as well as working hard daily to benefit others would not be compensated. Mr. Sigler said if the County does not attempt to reach a zero percent increase tax levy now he does not believe it would ever occur. He also does not believe the State would cover the financial responsibility for mandates, therefore we need to plan our budgets accordingly. Mr. Sigler knows how for many, if more money is available, it is spent. He wishes the State had more carefully prepared their budget and only time will tell what happens with the State funding. Ms. Kiefer said listening to Ms. Robertson's introductory remarks she had anticipated a higher figure would be offered for the tax levy. She will not support the amendment. Ms. Robertson spoke of the difficult choices the Legislature has to make within the budget, noting that even a four percent increase in tax levy would not be adequate. She said it is unclear whether the State will make further reductions in the current budget that would affect us locally and does not believe it makes sense to pass a three percent tax levy increase. Mr. Dennis will not support the four percent tax levy increase. He said residents should be assured that mandates and basic service area programs would be taken care of. He said the three percent figure was not an official vote but a sense of the members present at the retreat. Mr. Dennis said the challenge is to the Administrator and Department Heads to see if there is the ability to meet the goal; anything less than a 14.8 percent tax levy increase will create stress on everyone. Mr. Burbank will not support the four percent tax levy increase as it won't address the core issues. A roll call vote on the amendment resulted as follows: Ayes — 4 (Legislators Chock, Mackesey, Robertson, and Shinagawa); Noes — 11 (Legislators Burbank, Dennis, Hattery, Herrera, Kiefer, Koplinka- Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson). AMENDMENT FAILED. With regard to the main motion, Mr. Burbank said he would not support the resolution as it is not a sensible approach since there is no way to know what financial considerations would occur in the future. Mr. Dennis would like to see what the County Administrator and Department Heads do in meeting the three percent goal. 172 May 5, 2009 Mr. Shinagawa recognized that due to the present economic situation there would be reductions in all areas and that the County is responsible to control costs. Although he knows it will be difficult, he will support the resolution. Mr. Koplinka-Loehr offered an explanation of why a target tax levy is set at this time; it is taking the best information and coming up with assumptions based on the knowledge. At the retreat there were twenty-eight assumptions regarding the budget. At this point the entire organization is provided the goal set and will work with administration to attempt to meet it. Previously, the Legislature had a proposed budget presented in September and then determined how to amend the recommendation. Ms. Herrera spoke of previous experiences during the budget process, noting that while this process seems stringent it is the appropriate direction to take. She will support the resolution. Ms. Robertson reviewed budgets for various departments to provide examples of how extensive a $4.4 million reduction in spending could be. She will not support the resolution, which she believes is too low. Ms. Kiefer spoke of this being the sixteenth budget process she has experienced and noted the recent rationale for a low target has been stated as a process that lets the public know what would be lost and allow them to provide input; after which we may increase funding; conversely, this process puts stress on staff, agencies, etc. Ms. Kiefer would like to encourage the County Administrator to show his priorities rather than have a three percent or any such target. A roll call vote on the main motion resulted as follows: Ayes — 7 (Legislators Dennis, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Shinagawa, and Stevenson); Noes — 8 (Legislators Burbank, Chock, Hattery, Kiefer, Mackesey, Randall, Robertson, and Sigler). RESOLUTION FAILED. It was MOVED by Mr. Sigler, seconded by Ms. Herrera, to adopt a zero percent tax levy increase as the 2010 County Financial Goal. A voice vote on the motion resulted as follows: Ayes — 4 (Legislators Hattery, Herrera, Sigler, and Stevenson); Noes — 11 (Legislators Burbank, Chock, Dennis, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, and Shinagawa). MOTION FAILED. It was MOVED by Mr. Sigler, seconded by Ms. Herrera, to reconsider the resolution setting a three percent tax levy increase. A roll call vote on the motion resulted as follows: Ayes — 9 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Shinagawa, Sigler, and Stevenson); Noes — 6 (Legislators Burbank, Chock, Kiefer, Mackesey, Randall, and Robertson). MOTION TO RECONSIDER CARRIED. It was MOVED by Ms. Robertson, seconded by Ms. Chock, to amend the resolution to indicate a 3.5 percent tax levy increase. A voice vote on the motion 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). AMENDMENT FAILED. A roll call vote on the main motion resulted as follows: Ayes — 8 (Legislators Dennis, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Shinagawa, Sigler, and Stevenson); Noes — 7 (Legislators Burbank, Chock, Hattery, Kiefer, Mackesey, Randall, and Robertson. RESOLUTION ADOPTED. WHEREAS, Tompkins County, as part of its budget policy and process, wishes to establish a guideline for development of the 2010 budget, and WHEREAS, as of April 27, 2009, the County Administrator estimates that maintenance of effort would require a 14.8 percent tax levy increase, now therefore be it 173 May 5, 2009 RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That the Legislature establishes the goal of a maximum tax levy of three percent (3%) for 2010 resulting in a 0.1 percent tax rate decrease for 2010 ($5.93 tax rate) and also resulting in a projected decrease of $4.4 million in locally controlled spending over 2009 projections resulting in a $.59 decrease in taxes on a $100,000 home. SEQR ACTION: TYPE II -20 RESOLUTION NO. 75 - RATIFICATION OF BARGAINING AGREEMENT CIVIL SERVICE EMPLOYEES ASSOCIATION, WHITE COLLAR UNIT AND AUTHORIZING TRANSFER OF FUNDS FOR SALARY ADJUSTMENTS MOVED by Mr. Dennis, seconded by Ms. Herrera. It was MOVED by Ms. Mackesey, seconded by Ms. Robertson, to amend the resolution to strike the words "and Management" from the first resolved. Ms. Mackesey said tough choices are not pleasant; Management does spectacular work but in trying to minimize layoffs and share the burden by removing Management would save over $260,000. She believes this would be a signal that the Legislature is serious and is in line with the prevailing thoughts. Ms. Robertson agreed with Ms. Mackesey and noted there needs to be consistency in actions. Ms. Herrera said the amendment is designed to get attention. She said management staff are the very people who will be assisting to reduce expenses and will not support the amendment. Mr. Dennis agreed with Ms. Herrera and will not support the amendment. He noted the Legislature received a raise in 2009 and that the resolution does not address 2010. Mr. Stevenson stated he would need to recuse himself from voting on the White Collar portion of the resolution as it would directly affect his household income and asked that the White Collar portion be separated. Mr. Koplinka-Loehr indicated that at the appropriate time the matter would be taken into consideration. Mr. Proto asked if longevity bonuses were still being made. Mr. Mareane said the resolution provides for the salary increase and maintains all present agreements; if entitled, staff would receive longevity bonuses. Mr. Proto spoke of the New York Times Union, which agreed to a five percent wage decrease in order to maintain their employment. At the appropriate time he will propose an additional amendment. Special Orders of the Day — Presentation — Health Benefits Consortium The Legislature and other municipal officials heard an updated presentation from consultant Steve Locey concerning the proposed shared -services -health benefits program for Tompkins County municipalities, which has been under study for the past two years. The goal of the consortium approach is for individual municipalities to pool their resources in an effort to provide health insurance plans less costly than can be purchased by each municipality on its own, without diminishing benefits. Detailing cost projections and 2010 premium rates, Mr. Locey estimated 2010 premium increases for Tompkins County at 6 percent and for the City of Ithaca at 3 percent; taken together, those two municipalities would hold more than 85 percent of the contracts within the consortium. The consultant stressed that benefits offered through the consortium will be equal to or better than existing plans, with municipal employers retaining control of the collective bargaining process, including such factors as benefits eligibility and the plans available to their employees. Each legislative body would choose a representative to the consortium Board of Directors. Municipalities are being asked to approve resolutions by July 2009 to participate in 174 May 5, 2009 the consortium, then to sign the consortium agreement by September, with the plan scheduled to begin operation as of the beginning of 2010. Following the presentation Mr. Sigler asked Mr. Locey what the premium increase would be if not a part of the consortium. It was explained that while an exact figure would be unknown, reviewing statistics of premiums over a 3.5 -year period indicated a savings of 11 percent. He said that the consortium would have the same pressures as a standard insurance company and hopes to have a more efficient model to hold cost down over a period of time. The consortium is looking to utilize reasonable rates that would provide an equity -building opportunity. The historic increase has been between eight to ten percent over the last two years. Mr. Dennis asked if a municipality chooses to leave the consortium would they be able to rejoin. Mr. Locey said there is no control over how many times a municipality could leave and come back, however, there is a three-year period after leaving before a municipality could rejoin; however, the consortium Board of Directors may waive this waiting period if desired. Mr. Locey stressed joining the consortium is a long-term commitment and that if the City or County opted out it would destroy the consortium. It was noted that any questions Legislators have regarding the consortium should be directed to Jackie Kippola in Administration or Dave Sanders, Program Manager for Locey and Cahill. Ms. Robertson requested a document that would compare what coverage the County has at the present time with a comparison of coverage through the consortium. Mr. Locey said a side-by-side comparison will be ready soon. Ms. Coles, Common Council member, asked what would be the downside if the City went into the consortium and a smaller municipality left. It was explained that due to the delays accompanying processing of claims the City could have a liability in the event of a catastrophic loss by an individual covered in the smaller municipality. He said the consortium would work to minimize exposure as much as possible. Mr. Hattery spoke of the governance of the consortium. Mr. Locey said governance would be determined by the County. He also said if the consortium desires, other municipalities in adjoining areas could become part of the consortium if desired. He explained the larger the consortium is the more stable it would become. Mr. Locey said one of the largest health benefits consortium is the OCM BOCES, with over 14,000 contracts and $120 million in expenses; it is extremely stable with no premium increase over five percent over the last five years. Ms. Chock inquired if Mr. Locey would recommend what type of representative he would suggest for a member of the Board of Directors, and if there is anything that jumped out with regard to coverage. Mr. Locey suggested a representative having an understanding of health insurance, budgeting policies, etc. With regard to the actual coverage he said the consortium package is equal or better than present policies. Ms. Kiefer inquired whether it is known how many of the municipalities are likely to join. Mr. Locey did not know at this time. He has met with each municipality with some with positive reactions and others showing some concern and are working through issues. He will be having two more meetings and will invite elected officials; subsequently he should have a better idea of how many would join the consortium, and will meet with those uncertain to determine if it could be made feasible for them. Mr. Stevenson asked who would be the third -party administrator. Mr. Locey said the bids have been sent out to all of the larger firms such as Blue Cross as well as a large PPA; most have had Blue 175 May 5, 2009 Cross/Blue Shield processing in one form or another. The bid should be back in several weeks and would be reviewed by the Shared Municipal Services Initiative group and the Council of Governments. Once a Board of Directors is in place it would formally adopt an administrator. The target is to have an administrator with the same level of service as Blue Cross/Blue Shield. Mr. Proto asked about the process that would follow, particularly educating physicians and other medical firms. Mr. Locey said the third -party administrator firms are well known with the markets and would provide marketing information indicating their role as administrator. Mr. Proto then inquired if the consultant, legal fees, and other expenses estimated in 2010 were one-time expenses. Mr. Locey explained they would be built in annually due to the need to have professional assistance. Ms. Coles spoke of employees being able to appeal if benefits are denied, and that presently the appeal process follows HIPPA regulations, and asked if this would also be part of the coverage. Mr. Locey said there would be an appeal process and the consortium would follow the New York State Insurance Department process; all regulations would be adhered to and it is believed the third -party administrator could handle most issues that may arise. In response to Mr. Burbank's question, schools, BOCES, and fire departments could join the consortium, however quasi -governmental groups such as Soil and Water Conservation Districts, and operations such as Tompkins Consolidated Area Transportation, etc. could not. Ms. Robertson inquired if there is any expectation of a reduction of rates. Mr. Locey explained the projection for the small municipalities is somewhat break-even, however they would gain an out -of - area benefit that does not exist at present. With regard to the Town of Ithaca, it was a dramatic decrease due to the catastrophic loss experienced over the last several years. It was also noted the plan would include same-sex partners as the present coverage does. Recess Chair Koplinka-Loehr declared a recess at 7:52 p.m. The meeting reconvened at 8:00 p.m. Continuation of Presentation of Resolution(s) from the Budget, Capital, and Finance Committee Mr. Koplinka-Loehr announced the motion on the floor is the amendment to the resolution striking the words "and Management" from the first resolved paragraph. It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to amend the proposed amendment by adding as a second Resolved: "That the base salaries for Management employees be increased by $1,000 per employee, effective January 1, 2009, through December 31, 2009". She believed it would provide a compromise that recognizes the work of management staff as well as recognizing the percentage increase on higher salaries would be a significant amount of money. Mr. Dennis will not support the proposed amendment, stating management personnel would be working along side those who received a 2.25 percent raise. Ms. Kiefer responded that the average Confidential employee raise, tracking the White Collar contract, is $994. Ms. Robertson said there are approximately 80 Management employees, which would result in $80,000/year. She will oppose the amendment, stating she would like to have management removed at this time. Ms. Robertson said it does not preclude the Legislature from coming back in June or July based on new information to add the proposed amount, or 2.25 percent. She would prefer to have them excluded at this time. 176 May 5, 2009 Ms. Chock spoke of her having this issue a year ago, noting a 2 percent raise for someone earning $100,000 is $2,000 versus for a person earning $20,000 is only $400. She does not believe the significant difference is fair; the marginal costs needed at the lower income level affects basic needs, the upper level salary increase would mean tightening belts, but with more capacity to do so. She does not perceive the amendment as a lack of support for managers, rather a reality. Mr. Sigler noted that the proposed increase is only for 2009 and is within the budget; while 2010 may require a zero percent increase it is presently within the budget lines. In response to Mr. Proto's inquiry, the difference between the proposed $1,000 and the 2.25 percent increase, it was noted the average of the 2.25 percent increase was $1,650, which would save approximately $100,000 over a two-year period if adopting the $1,000 amount. Mr. Burbank said the funds were budgeted this year for an increase, which would increase the base for next year. He would support Ms. Kiefer's amendment, noting a similar decision had been made by the Town of Ithaca as a simple percentage disadvantages those at the lower end of the scale. Mrs. McBean-Clairborne said she would support the proposed amendment. Ms. Kiefer noted that any funds not utilized from the budget in 2009 would assist in covering 2010 expenses. Mr. Mareane said of the 80 management employees, 2/3 are mid-level managers whose salary level is not significantly different from the other staff members they are supervising. He asked that the management be provided the 2.25 percent salary increase in order not to have equity and imparity issues. If no salary increase were given this year it would not be a level playing field in 2010. He further emphasized that Management is being called upon to assist in finding a way to cut the $4.4 million. Ms. Robertson disagreed with Mr. Mareane's statements and said she hopes that all employees will be actively working to find savings regardless of whether they get a raise. She reiterated she would prefer to wait and gather more information before acting upon a salary increase. A voice vote on the amendment to the amendment resulted as follows: Ayes — 4 (Legislators Burbank, Kiefer, McBean-Clairborne, and Shinagawa); Noes — 11. AMENDMENT TO THE AMENDMENT FAILED. It was MOVED by Mr. Stevenson, seconded by Mr. Burbank, to separate the White Collar Unit from the resolution. A vote to separate the White Collar Unit resulted as follows: Ayes — 14; Noes — 1 (Legislator Randall). MOTION TO SEPARATE APPROVED. It was MOVED by Mr. Proto to amend the separated resolution to indicate a zero percent salary increase. MOTION FAILED FOR LACK OF A SECOND. Mr. Proto spoke of the Committee Chair meeting held the day prior that included discussions of changes in the budget due to State reductions. With concerns of potential budget shortfalls due to things such as swine flu, additional State reductions, etc. he does not believe it appropriate to provide a wage increase. He would like to see it postponed at this time. Mr. Dennis stated the bargaining unit approved the increase and the Legislature has an obligation to vote on it; delaying or amending the matter is not appropriate. Mr. Stevenson requested to recuse himself from the vote at this time due to conflict of interest. 177 May 5, 2009 Ms. Kiefer asked if her having been part of the negotiating team obligated her to vote in favor of the resolution. She was informed it did not. Mr. Proto inquired whether the 2.25 percent figure could be amended; Mr. Dennis did not recommend amending the figure, if not in favor of that amount members of the Legislature could vote against it. Ms. Herrera will support the resolution and spoke of the trust built during collective bargaining negotiations and thinks it is a good opportunity to show the trust placed. A roll call vote on the White Collar resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators Hattery, Kiefer, and Proto); Abstained — 1 (Legislator Stevenson). RESOLUTION ADOPTED. WHEREAS, the collective bargaining agreement between Tompkins County and the Civil Service Employees Association, White Collar Unit, expired on December 31, 2008, and WHEREAS, subject to a series of negotiation meetings, the negotiating teams agreed to a one- year contract, which extends the terms and conditions of the previous one-year agreement with the following change: increase of 2.25 percent on base salary, retroactive until January 1, 2009, with no other changes, now therefore be it RESOLVED, on recommendation of the Negotiating Committee and the Budget, Capital, and Finance Committee, That the bargaining agreement between Tompkins County and the Civil Service Employees Association, White Collar Unit, for the period of January 1, 2009 through December 31, 2009, is hereby ratified, and the Director of Finance is authorized to immediately implement pay adjustments for White Collar employees reflecting a pay adjustment of 2.25 percent effective January 1, 2009, RESOLVED further, That the Director of Finance is authorized to transfer necessary funds from Budget Account 9041.51000 to the various departments to provide for the incremental cost of the pay adjustment, RESOLVED further, That Departments Fiscal Targets be adjusted by the net salary adjustments, except for positions designated as onetime. SEQR ACTION: TYPE II -20 RESOLUTION NO. 76 — ESTABLISHING SALARIES FOR POSITIONS DESIGNATED AS MANAGEMENT AND CONFIDENTIAL AND AUTHORIZING TRANSFER OF FUNDS FOR SALARY ADJUSTMENTS Mr. Koplinka-Loehr announced the motion on floor is the amendment of the following resolution to delete "and management". Ms. Robertson requested to defer a decision on a management salary increase at this time. If a four percent tax levy increase had been approved she would have supported the raise. A voice vote on the amendment to delete "and management" resulted as follows: Ayes — 6 (Legislators Burbank, Chock, Hattery, Kiefer, Mackesey, and Robertson); Noes — 9 (Legislators Dennis, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Shinagawa, Sigler, and Stevenson). AMENDMENT LOST. It was MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, to amend the resolution to reflect salary increases for management to 2.25 percent up to a maximum of $1,500. Mr. Dennis did not believe the small amount gained, approximately $12,000, was appropriate. 178 May 5, 2009 Mr. Sigler indicated the time to make a suggestion such as this should be done at a bargaining session. It was pointed out the Management employees are not covered by a bargaining unit. A voice vote on the amendment resulted as follows: Ayes — 3 (Legislators Burbank, Chock, and McBean-Clairborne); Noes — 12. AMENDMENT FAILED. A roll call vote on the resolution establishing salaries for management and confidential employees resulted as follows: Ayes — 9 (Legislators Dennis, Herrera, Koplinka-Loehr, McBean- Clairborne, Randall, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 6 (Legislators Burbank, Chock, Hattery, Kiefer, Mackesey, and Proto). RESOLUTION ADOPTED. WHEREAS, Resolution No. 12 of 2008 established salaries for management employees, and WHEREAS, on May 15, 2007, by Resolution No. 77, the Legislature decided that Confidential salary adjustments and benefits shall be at the same level as those negotiated by the White Collar bargaining unit, now therefore be it RESOLVED, That the Director of Finance is authorized to immediately implement pay adjustments for Confidential and Management employees reflecting a pay adjustment of 2.25 percent effective January 1, 2009, RESOLVED, further, That the Director of Finance is authorized to transfer necessary funds from Budget Account 9041.51000 to the various departments to provide for the incremental cost of the pay adjustment, RESOLVED further, That Departments Fiscal Targets be adjusted by the net salary adjustments, except for positions designated as onetime. SEQR ACTION: TYPE I1-20 Mr. Dennis announced the next Committee meeting would be held on May 11tH Report from Municipal Officials There were no municipal officials present at this time. Chair's Report Mr. Koplinka-Loehr noted an information sheet regarding the H1N1 (Swine) flu was provided by the Health Department to all Legislators. He asked that it be shared with constituents and posted in conspicuous areas. Mr. Koplinka-Loehr had a Committee Chair meeting on May 4th, if there are any questions about the agenda it should be addressed to either himself or a Committee Chair. Report from the County Administrator Mr. Mareane did not have a report. Report from the County Attorney Mr. Wood did not have a report. He requested a brief executive session at the end of the meeting to discuss a legal matter. Report from the Finance Director Mr. Squires reported the annual report has been filed with New York State and the audit is complete. The annual report will be available online next week. He also reported Mr. Mareane will be participating in a panel discussion with statewide peers regarding the difficult economic time. Mr. 179 May 5, 2009 Koplinka-Loehr said one item Mr. Mareane will discuss is setting the tax levy goal early in the year. Mr. Squires said the annual report would be reviewed by the Budget, Finance, and Capital Committee at its next meeting. Resolutions to be Added to or Withdrawn from the Agenda There were no resolutions to be added to or withdrawn from the agenda. Approval of Appointment on Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda, to approve the appointment of Asher O. Hockett - Town of Danby representative to the Youth Services Board for a term to expire December 31, 2010. Report from the Public Safety Committee Ms. Robertson, Chair, said the Committee would meet on May 18th. She reminded members of the Committee that the Traffic Safety Committee is scheduled to meet at 2:30 p.m. on May 7th. In response to a question earlier this year by Ms. Mackesey, Ms. Robertson shared jail population figures that indicated the average daily population for 2008 was 68.5, with a peak of 79. This compares to 2005 with 72 average daily population, with a peak of 100; 2006 was 91 average daily population with peak of 108; 2007 was 76 average daily population with a peak of 113. She reiterated there was not a single day in 2008 that the population went to 80. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on April 22nd. She announced the Diversity Consortium Roundtable would be held on Thursday, May 7th and expressed appreciation to the Legislature for supporting this event, which would have many workshops relating to diversity and inclusion. Mrs. McBean-Clairborne said the committee has been having discussions regarding civil service change that would assist in obtaining diversity with the goal of engaging the State in dialogue. The City and Cornell University have been involved, however more groups would need to be involved in the discussions such as union members, municipalities, etc. Mr. Koplinka-Loehr noted the Government Performance and Workforce Relations Committee was provided a two-page spreadsheet that indicated the accomplishments of the Workforce Diversity and Inclusion Committee. Report from the Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee has not met. She asked for direction as to what Committee would be appropriate to review the suggestion offered earlier in the meeting by Mr. Lane. She also reminded individuals the financial disclosure forms are due at this time. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee meets May 12th. He reminded Legislators about the H1N1 (Swine) Flu information provided by Public Health Director Alice Cole. Individuals should wash hands often with soap. He spoke of departments having been informed of budget cuts to programs; the Office for the Aging has been notified of a reduction in Federal funding of approximately $9,000 for a performance review program. It is also anticipated the mental health clinical structure program will be a four-year project that will amend billing for services. He announced the Office for the Aging Annual Luncheon would be held May 13th at the Clarion. Report from the Facilities and Infrastructure Committee 180 May 5, 2009 Mrs. McBean-Clairborne, Chair, said the Committee will meet May 21ST. She spoke of the Climate -Smart Communities Initiative press release that noted we are involved with this program. Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, said the next meeting is on May 8th and will be reviewing procedures for administrative policy amendments. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee would meet on May 13Th. It was announced a meeting would be held on May 6th at the Women's Community regarding what municipalities could do with regard to gas drilling. This meeting is expected to be taped and it is hoped to be placed on the website for the Tompkins County Council of Governments. Approval of Minutes of April 21, 2009 It was MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the minutes of April 21, 2009, as presented. MINUTES APPROVED. Discussion Regarding Direct -Report Review Panel A brief discussion regarding volunteers for the Direct -Report Review Panel occurred. Following the discussion it was determined Ms. Herrera would sit on the panel as an At -Large member. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Hattery, and unanimously adopted by voice vote, to hold an executive session to discuss a legal matter. An executive session was held at 8:55 p.m. and returned to open session at 9:01 p.m. Adjournment The meeting adjourned at 9:01 p.m. 181 May 19, 2009 Regular Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:32 p.m. Pledge of the 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 Herrera arrived at 5:36 p.m.). Excused: 1 (Legislator Randall). Presentation of Proclamation(s) Mr. Koplinka-Loehr presented the following proclamations: Mental Health Awareness Month — May 2009, to David Buckley of the Mental Health Association; and Older Americans Month — May 2009, to Lisa Holmes, Director of the Office for the Aging Ms. Herrera arrived at this time. Privilege of the Floor by the Public Michael Lane, Dryden resident and former Legislator, said Tompkins County has always been a leader in the environmental area. Recently the State Legislature passed a better bottle bill that will mean that there will be deposits on all bottles including water, juice, and other non -carbonated beverages and not just soda bottles. He hopes that these bottles will be returned and not recycled. Vonnie Dawson, Groton resident, spoke concerning her granddaughter, Rhiannon, who remains in foster care. Ms. Dawson outlined several incidents surrounding the foster care placement that she is unhappy about. Bruce Babcock, Trumansburg, said he left material for Legislators to review regarding issues faced by disabled individuals and his concern about how individuals within the public safety and judicial sectors relate to those with disabilities. Mr. Babcock believes these sectors should become more aware of current laws and follow them. Privilege of the Floor by Legislators Ms. Chock, District No. 3 Legislator, reported on First Lady Michelle Obama's speech yesterday in New York City about the arts. She said the arts define who we are as people. The arts need to be nurtured even in difficult economic times. She announced the Ithaca Festival is coming up and passed around a box of Ithaca Festival buttons if anyone was interested in purchasing one. Mr. Proto, District No. 7 Legislator, said the first proclamation spoke of those suffering post- traumatic stress disorder and reminded him of the same situation that existed and still exists with individuals who have returned from Vietnam. He also reminded the Legislature that this October 12th the monument in Dewitt Park will be re -dedicated. Attempts are being made to locate family members of the individuals listed on the monuments. Mr. Proto prepared a letter to State Legislators regarding the gas -drilling meeting held recently at the Women's Community Building. A plea was made by a gentleman from Sullivan County to ask the 182 May 19, 2009 New York State Department of Environmental Conservation to extend the date for review of the draft Generic Environmental Impact Statement for the hydro-fracking. The process only contains a 30 -day review period and this needs to be at least sixty days. He will provide all Legislators with a copy of a letter to use as an example and encouraged others to write a similar letter. He also reported gas prices are rising again and he believes they will not go down until the public reacts. Mr. Hattery, District No. 14 Legislators, said Memorial Day is a time to remember and honor those who have fallen to help maintain our freedom and to celebrate that holiday there will be a parade and ceremony in Dryden on Monday, May 25th Report from a Municipal Official J.R. Clairborne, City of Ithaca Common Council Member, reported on varied City activities: • Earlier this month Council approved moving forward with phase 2 of the Cayuga Inlet Trail and to proceed with eminent domain proceedings if necessary. • Neighborhood area around Collegetown — a valid petition was filed to create RC3, a buffer zone between Collegetown and neighborhoods; however, there was not a super majority vote at Common Council, so the change failed. • The City received an increase in Community Development Block Grant money in the amount of $220,000 as a result of Stimulus funding. • Work continues to progress on the water supply choice and on May 27th there will be a special Common Council meeting at 5:0 p.m. presenting cost comparisons. • Negotiations are underway in regard to the Hangar Theater lease. Information on the $3 million capital project and a draft lease will be presented at the June Common Council meeting with a final vote expected in July. • The following two public hearings will be held at tomorrow's meeting of the Planning and Development Committee: 2009 Collegetown Urban Plan and Conceptual Design Guidelines and the Cayuga Green Project — Change from Condo Development to Apartments; information on these two projects is located on the City's website. • The Grand Opening for Cinemapolis is scheduled for June 2'd • The Youth Council that was recently formed is up and running They had their first public meeting last month and passed a resolution to support Reality Check, which deals with cigarette smoking in movies. • Lastly, he announced that today are school district elections and reminded everyone to vote. Ms. Chock suggested that Mr. Clairborne nominate students participating in Reality Check for the Distinguished Youth Award. Ms. Robertson requested additional information the Cayuga Green project. Chair's Report and Appointments Mr. Koplinka-Loehr announced May 28th is the 25 -year Club Dinner. He presented Legislator Kiefer with a Certificate of Appreciation for 15 years of service with the County and congratulated her. He also announced that at 7:30 p.m. this evening Cortland County Legislators have been invited to join Tompkins County to continue the discussion concerning the TC3 budget. Report from the County Administrator Mr. Mareane welcomed Kate Stout, a Cornell student, who will be helping Administration as a summer intern. He said the next step in the budget process is the establishment of fiscal targets for Departments. His Department is spending a lot of time briefing departmental managers and staff about 183 May 19, 2009 the budget situation and said the same presentation that was given to the Legislature at the Retreat is also being provided so that there is a common understanding of the conditions as we enter the budget process. The electronic suggestion box has been implemented; 13 suggestions have been submitted to date and none of them are frivolous. They will be part of a package of things that will be considered in the budget process. Report from the County Attorney Mr. Wood reported financial disclosure forms were due May 15; still one half dozen of the staff have not returned their forms. The Clerk of the Legislature has sent out a reminder and he expects them to be submitted by the next meeting. Report from the Finance Director Mr. Squires distributed a brochure for the County auction of foreclosed properties that will take place on June 9 at the Human Services Building. A list of all properties can be viewed at www.reynoldsauction.com. He also reported last week they had a Federal transit administration representative here to do a triennial review of the TCAT operation. They do a very comprehensive analysis going over maintenance schedules, procedures for procurement, etc. There were three findings; two were minor and one had to do with the early retirement of vehicles that were rusted out. He said it was interesting that when a Federal grant is provided for a bus that it is assumed to last for 12 years or 500,000 miles. These busses rusted out before this time. Annual Report from the Department of Probation and Community Justice Ms. Buechel, Director, provided an overview of the Department's 2008 Annual Report. She believes there are changes in the types of crimes or level as a result of the economic times; numbers are steady but she believes there is a lag in seeing things from the economy downturn and it could be months before they see some things. She said she is seeing more gun involvement and weapons offense cases. 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 withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Mental Health Subcommittee Liz Norton — Community Member; term to expire December 31, 2012 Strategic Tourism Planning Board Susan Monagan — Culture representative; term expires December 31, 2011 Environmental Management Council Katie Kelly — At -large (#13) representative; term expires December 31, 2010 Housing Fund Oversight Committee — No set terms 184 May 19, 2009 Heather Filiberto Martha Robertson, Legislator Pamela Mackesey, Legislator Edward Marx, Ex -Officio Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Chock, 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. 77 - BUDGET ADJUSTMENTS —VARIOUS DEPARTMENTS MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Youth Services Revenue Acct Title Amt Approp Acct Title(s) 7020.42797 Other Local Government $ 5,500 7020.51000711 Coordinator of Community Contributions Youth Services 7020.42797 Other Local Government $ 15 7020.54330 Printing Contributions 7020.42797 Other Local Government $ 165 7020.54414 Local Mileage Contributions Explanation: The County Youth Services Department has entered into an agreement with the Workforce Investment Board (WIB) to provide staff time of Nancy Zook to assist Julia Mattick with technical assistance, coordination and monitoring of their three summer job providers. Nancy Zook's hours have been authorized to increase to 40 hours/week during this period. Related printing/copying to the above services. Local mileage for weekly site visits during this period. Workforce Investment Board Revenue Acct 6290.43790 6290.43790 6290.43790 6290.43790 Title Federal Job Training Federal Job Training Federal Job Training Federal Job Training Amt $11,456 $22,059 $ 1,500 $ 2,335 Approp Acct 6290.52206 6290.52230 6290.52214 6290.52222 Title(s) Computer Equipment Software Office Furnishings Communications Equipment 6290.43790 Federal Job Training $ 3,200 6290.54618 Interdepartmental Charge Explanation: New York State Department of Labor is making one-time funding available for technology related purchases for use within the One -Stop Center. The funding must be fully expended by June 30, 2009. SEQR ACTION: TYPE II -20 RESOLUTION NO. 78 - DEDICATION OF THE CONFERENCE ROOMS AT 55 BROWN ROAD — TOMPKINS COUNTY HEALTH DEPARTMENT MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 185 May 19, 2009 WHEREAS, James Rice was a Charter and fifty (50) year member of the Tompkins County Board of Health, and WHEREAS, Clara Goodman was a Supervising Public Health Nurse for greater than forty (40) years and organized the Certified Home Health Agency still in operation today, and WHEREAS, Joanne Brazo was a clerical employee with greater than forty (40) years of service and an expert in the Physically Handicapped Children's Program, and WHEREAS, John Andersson was the former Director of Environmental Health and a consummate Civil Engineer with greater than thirty (30) years of service in Public Health, and WHEREAS, Mr. Rice, Ms. Goodman and Ms. Brazo are deceased and Mr. Andersson retired as of May 4, 2007, now therefore be it RESOLVED, on recommendation of the Tompkins County Board of Health, the Health and Human Services Committee and the Government Performance and Workforce Relations Committee, That in recognition of his service to Tompkins County, and as a lasting tribute to him, we hereby dedicate the main conference room to James Rice, and name it the James Rice Conference Room, RESOLVED, further, That in recognition of her service to Tompkins County, and as a lasting tribute to her, we hereby dedicate the small side of the main conference room to Clara Goodman, and name it the Clara Goodman Conference Room, RESOLVED, further, That in recognition of her service to Tompkins County, and as a lasting tribute to her, we hereby dedicate the Children With Special Care Needs and Planning and Coordination conference room to Joanne Brazo and name it the Joanne Brazo Conference Room, RESOLVED, further, That in recognition of his service to Tompkins County, and as a lasting tribute to him, we hereby dedicate the Environmental Health area conference room to John Andersson and name it the John Andersson Conference Room. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 79 - REFUND OF SCHOOL TAXES — TOWN OF NEWFIELD (28.-1-4.31) MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, an error has been made in the 2009 Town and County tax roll of the Town of Newfield, namely, parcel 28.-1-4.31 assessed to James R Haustein was erroneously charged $3,758.67 for the relevied Newfield Central School taxes that were actually paid before the school warrant expired, yet were processed incorrectly by Newfield Central School, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the entry on the Town and County tax roll be changed to reflect a total of $2,078.95 for 2009, for parcel 28.-1-4.31, RESOLVED, further, That the Tompkins County Finance Department is directed to correct the 2009 Town and County tax rolls. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 80 - AUTHORIZATION TO CONTINUE THE HOMEOWNERSHIP PROGRAM THROUGH USE OF PROGRAM INCOME FUNDS MOVED by Ms. Chock, 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 186 May 19, 2009 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 re -spent 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 continuation of the Homeownership Program through use of Small Cities Community Development Block Grant income funds, RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -20 RESOLUTION NO. 81 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present 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, the Strategic Tourism Planning Board has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Cayuga Wine Trail 2009 Grapehound Wine Tour $ 4,000 PRI- Museum of the Earth 2009 Forest Journey Exhibit $ 5,000 Ithaca Triathlon Club Tompkins County Quilter's Guild Finger Lakes Wine Center Light in Winter 2010 Cayuga Lake Triathlon Traditions and Beyond 2009 Quilt Show Finger Lakes Wine Center 2009 2010 Light in Winter Festival $ 5,000 $ 1,500 $ 5,000 $ 5,000 $25,500 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. 82 - AWARD OF TOURISM CAPITAL GRANT — ITHACA CHILDREN'S GARDEN MOVED by Ms. Chock, seconded by Mr. Proto, 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 187 May 19, 2009 WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant award has been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to this nroiect: Entity Project Distribution Amount Ithaca Children's Garden Phase I Completion 2009 $14,800 SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Ms. McBean-Clairborne, Chair, had no report. The next meeting will be May 27th. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said the Committee met yesterday and is slowly making its way through the Rules. She noted that she is still awaiting comments from Legislators on suggestions pertaining to the Rules. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met last week and received an update on the Catholic Charities immigrant program. One of the indicators is that they are placing individuals in jobs and being quite successful. It was well -noticed that RPM Eco Systems, the new tree -growing installation on Dryden Road, has met with a lot of success and has hired several individuals. It was suggested that there could be other opportunities at Cooperative Extension. Lisa Holmes, Office for the Aging Director, reported on State budget cuts to her department. Mental Health Commissioner, Bob DeLuca, also reported on a major mental health change in clinical restructuring. Mr. Deluca believes the department will be able to handle it, however. Ms. Cole reported as of last week there were no reported cases of the H1N1 (Swine) flu in Tompkins County. The next Committee meeting will be June 9. Ms. Mackesey expressed a concern and said South Hill residents have been dealing with pollution for the last ten years; The Department of Environmental Conservation released figures on TCE in the neighborhood of 2200 parts per million. The amount that is acceptable is between 50-100 parts per million. She expressed concern for an infant who lives near that sewer line. This is clearly a public health hazard and is something that the Health Department may want to be involved in because it can clearly have an impact on the health and welfare on the people who live on South Hill. Mr. Proto agreed the issue needs to be discussed further. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, said she did not have a report. The Committee will meet next on May 21st. Report from the Government Performance and Workforce Relations Committee 188 May 19, 2009 Mr. Shinagawa, Chair, reported the Committee met last Friday and had a very long discussion of foreclosures. There was also discussion on pay equity legislation and after a long discussion it was decided that not enough was known and tabled the action indefinitely because there are several pieces of legislation that exist at the State level and should be reviewed. RESOLUTION NO. 83 - APPROVING REVISIONS AND ABOLISHING POLICIES AND PROCEDURES OF THE TOMPKINS COUNTY GOVERNMENT ADMINISTRATIVE POLICY MANUAL MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Mr. Stevenson stated the removal of Policy 01-31 — Tompkins Employees Federal Credit Union from the Administrative Manual is in no way a negative reflection on the Credit Union. It is an excellent asset to the County. It was also noted that information about the credit union is provided to employees at the time of their orientation. Ms. Chock referenced the policy concerning the retention of records and said in accessing non - confidential records if requests have come to more than one department and becomes burdensome to employees, the policy should be revisited. Ms. Kiefer said she had the same concern. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION CARRIED. WHEREAS, a 2007 goal of the Government Performance and Workforce Relations Committee (formerly Government Operations) charged County Administration with developing a plan for routine review and/or updates to the County Administrative Manual and improving manual currency by fifty percent by the end of 2009, and WHEREAS, as part of that process, the following administrative policies and procedures have been reviewed and processed according to the guidelines of Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government: Policy 01-35: Submission of Plans for Approval by the United States Government and/or the Government of New York State; Policy 01-31: Tompkins Employees Federal Credit Union; Policy 01-05: Disposition of Records; Policy 02-11: Positions Eligible for State and/or Federal Reimbursement; and Policy 04-11: Payment of Substitute Employees, and WHEREAS, these policies also have been reviewed by the Government Performance and Workforce Relations Committee, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That revised Administrative Policy 01-05: Disposition of Records is hereby adopted, RESOLVED, further, That revised procedures for Administrative Policy 01-35: Submission of Plans for Approval by the United States Government and/or the Government of New York State is hereby accepted, RESOLVED, further, That the following Administrative Policies are hereby abolished: Policy 01-31: Tompkins Employees Federal Credit Union, Policy 02-11: Positions Eligible for State and/or Federal Reimbursement, and Policy 04-11: Payment of Substitute Employees. SEQR ACTION: TYPE II -20 Ms Robertson asked for an update on the discussion relating to the "integrity" category on direct report evaluations. Mr. Shinagawa said the Government Performance and Workforce Relations Committee decided not to add a separate category because much of the language is included in the "accountability" section. Also, most Committee members believed integrity was incorporated into the 189 May 19, 2009 different categories of the evaluation. The panel composition was also discussed and the Committee supported having two people on the panel with the hope they would alternate. Ms. Herrera expressed concern and reminded the Legislature that at the last meeting, the Legislature came to a different decision than what the Government Performance and Workforce Relations Committee is reporting. The decision was to have the members of the panel serve for all four evaluations. Mr. Hattery said it was supposed to be the Chair of the Committee or his designee to serve on all four of the panels. When this was discussed at the Committee, the sense was that no one could do all four. Mrs. McBean-Clairborne said that as a member of the Committee she could serve on all four and thought that message had been conveyed, as she was not present for the discussion. In light of the new information, Mr. Shinagawa agreed to take this back to Committee. Ms. Mackesey asked what the status is of doing performance evaluations for all employees. She also recalled discussions concerning employee training and asked what the County is getting for the money being expended and whether the trainings are effective. Mr. Koplinka-Loehr said a goal of the former Human Resources Committee was to look at a countywide employee evaluation process and the consistency of them. Mr. Shinagawa said the Government Performance and Workforce Relations Committee could take a look at the training program this year and in response to a countywide evaluation process, he believes the performance evaluation for the four direct reports was the first step in that process. Mr. Dennis said the Personnel Committee took these items up and asked what depaitment heads are currently doing. It was never his impression that both evaluations processes were going to move forward on parallel tracks. Discussion continued with regard to the panel and who is able to sit it for all four direct reviews. The following Legislators said they were able to attend all reviews: Mr. Koplinka-Loehr, Mrs. McBean- Clairborne, Mr. Dennis, Mr. Proto, and Ms. Herrera. Ms. Robertson asked if the panel meetings would be open to all Legislators. Mr. Koplinka-Loehr said yes, and all Legislators will be notified of the meetings. Mr. Shinagawa said he would e-mail the Government Performance and Workforce Relations Committee as to the decision with who he will be designating as the Committee's representative to serve on the panels. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, provided Ms. Kiefer an opportunity to report to the Legislature on the activities of the MPO Policy Committee. Ms. Kiefer said they met this afternoon and discussed all of the possible projects that were on the list to determine which could be advanced because $3 5 million for the Warren Road project had been freed up. The projects that were approved include: Cayuga Water Trail construction, Forest Home traffic calming phase I, West Seneca Road bridge construction, Black Diamond trail bridges, and replacement buses. She characterized this last one as both good and bad news — good because it would give Gadabout several more vehicles and TCAT several more busses, and bad because the busses will all be diesel and not hybrids since the ones TCAT already has haven't lived up to expectations, in terms of mileage and maintenance. During discussion it was noted that TCAT's preference is based on cost, and did not consider GHG (Greenhouse Gas) emissions. Ms. Mackesey deferred her Committee report to the next meeting. 190 May 19, 2009 RESOLUTION NO. 84 - TOMPKINS COUNTY COMMENT ON ITEMS NOT ADDRESSED IN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FINAL SCOPE FOR DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (dSGEIS) ON THE OIL, GAS, AND SOLUTION MINING REGULATORY PROGRAM FOR THE MARCELLUS SHALE MOVED by Ms. Mackesey, seconded by Mr. Hattery. Ms. Mackesey stated the purpose of the resolution is urge New York State to delay any gas drilling until the number of inspectors and staff needed is determined, a severance tax and adequate permit fees on gas drilling companies are enacted, and the substances being pumped into the ground are identified. Mr. Proto also highlighted the fact that additional time is needed for further review. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Randall). RESOLUTION ADOPTED. WHEREAS, compared to other fossil fuels, natural gas is a relatively clean, relatively low -impact source of energy that is being used to replace the use of coal and other fuels that emit more greenhouse gases during a transition to a more sustainable energy future, and WHEREAS, full development of New York State natural gas resources may only meet energy needs for a limited period of time that will be measured in years or decades, yet environmental damage could be permanent, and WHEREAS, ultimately we need to develop capacity to deliver safer, cleaner, and fully renewable energy sources, and WHEREAS, there has been gas drilling in New York State for more than 100 years in deposits that can be recovered by conventional means, but recent advancements in technology and increases in the price of energy have now made the extensive natural gas reserve in the Marcellus Shale potentially recoverable, and WHEREAS, gas production from the Marcellus Shale is expected to be done using horizontal hydraulic fracturing ("fracking"), a technique that requires pressurized injection of millions of gallons of water containing certain proprietary chemicals into the underground shale to release the gas, but the sweeping 2005 Energy Policy Act exempted hydro-fracking from monitoring and regulation under the Safe Drinking Water Act, and WHEREAS, if done in an environmentally responsible manner, development of the gas resources of Upstate New York could be of great economic benefit to landowners, municipalities, and New York State, and WHEREAS, during the summer of 2008, Governor Paterson directed the New York State Department of Environmental Conservation (NYSDEC) to supplement the existing 1992 Generic Environmental Impact Statement governing drilling to specifically address the specific techniques used to tap the natural gas in the Marcellus Shale, and WHEREAS, on February 6, 2009, the NYSDEC Division of Mineral Resources, Bureau of Oil and Gas Regulation, released the Final Scope for Draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs, and WHEREAS, the Final Scope for the dSGEIS notes inspection and enforcement staffing concerns related to fracking as well as public disclosure of fracking fluids as topics not included in the Final Scope (Section 8.0), and WHEREAS, adequate staffing and enforcement are essential to ensure each aspect of fracking regulation is adhered to, and WHEREAS, the current State budget crisis may inhibit NYSDEC's inspection and enforcement ability, and WHEREAS, Tompkins County and its municipalities have a responsibility to preserve and protect our natural resources, water resources, highway infrastructure, and quality of life for our residents, now therefore be it 191 May 19, 2009 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature urges New York State to calculate how many inspectors and staff will be needed to adequately oversee all subject operations related to the fracking process, RESOLVED, further, That permitting for gas drilling be delayed until New York State has in place an adequately funded as well as staffed inspection and enforcement program, RESOLVED, further, That the comment period following promulgation of the dSGEIS be extended to at least sixty (60) days, RESOLVED, further, That, since adequate regulation and oversight by the New York State Department of Conservation will cost significant State funds, New York State should enact a severance tax and adequate permit fees on gas drilling companies to pay the costs of such regulation and oversight, RESOLVED, further, That New York State require that all substances intended to be introduced into wells be identified and the information be made public, with special notification to local emergency response personnel and health care providers, before use of such chemicals is permitted, RESOLVED, further, That a copy of this resolution shall be sent to Governor Paterson, Senators Skelos, Malcolm Smith, Winner, Seward, and Nozzolio, Speaker Silver, Assemblywoman Lifton, Chair of Senate Committee on Environmental Conservation Marcellino, Chair of Assembly Committee on Environmental Conservation Sweeney, Attorney General Cuomo, Representatives DeGette, Salazar, and Hinchey, Senators Schumer and Gillibrand, Congressman Arcuri, New York State Association of Counties, and Municipal Officials and Clerks. SEQR ACTION: TYPE II -20 RESOLUTION NO. 85 - AWARD OF TOURISM CAPITAL GRANT — CAYUGA NATURE CENTER MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne. Mr. Proto stated he voted against this at committee because the synopsis given was inadequate for this size of grant. Part of the criteria requires there be a tourism component and marketing plan. Mr. Dennis said he heard a radio report today on the reduced room rates that are happening in an attempt to recoup tourism funds. He asked where the County is with the Cornell application for the Johnson Art Museum. Ms. Mackesey said it has been tabled by the Strategic Tourism Planning Board and will come to the Planning, Development, and Environmental Quality Committee if they pass it. Ms. Robertson said Ms. Armstrong of Tompkins County Area Development oversees this program and watches the numbers. This project will improve the visibility of the entrance because it is right on the Cayuga Lake Scenic Byway. Ms. Chock said there was a lengthy discussion by the Strategic Tourism Planning Board and several questions relating to the recommendations of those retained to give advise on the capital grants, the amount to keep in the capital grants fund for future projects, the suitability of the project, and the advisability of tying up the money for four years. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators Dennis, Proto, and Stevenson); Excused — 1 (Legislator Randall). 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 Tax Occupancy budget for Tourism Capital Grants, and 192 May 19, 2009 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 Droiect: Entity Project Distribution Amount Cayuga Nature Center New Entrance and Attractions 2009-2012 ($25,000 per year over a four-year period, subject to annual approval) $100,000 SEQR ACTION: TYPE II -20 Mr. Hattery asked in reference to Ms. Kiefer's report on the MPO Policy Committee if the Red Mill Bridge was included. Ms. Kiefer said the list she provided earlier in the meeting were the only projects approved for funding. Report from the Budget and Finance Committee Mr. Dennis, Chair, said the May 25 meeting was rescheduled to May 29th. Fiscal Targets for Departments will be set at that meeting. Report from the Public Safety Committee Mr. Sigler, Vice Chair, reported the Committee met yesterday and heard a report from the Sheriff's Office. Sheriff Meskill reported his office is working on a new sex offender watch, registration, and management program that should be operational in sixty days. The benefits of the program are: more efficient program for staff to use, and it allows the public or vulnerable populations to register on a website and receive automatic notification of a sex offender in their area. It is all done based on the New York State requirements for disclosure and several neighboring counties have this standardized program. This will be one collection point for the public as every law enforcement agency will enter information. Mr. Sigler also reported the State is not reimbursing counties for State readies in the Jail, but the parole hearings are moving up on schedules. Ms. Buechel, Director of Probation and Community Justice, provided the Committee with an overview of the Intensive Supervision Program, Electronic Monitoring, Service Work Alternatives Program, and the Juvenile Accountability Community Service (JACS). The Committee also received updates on the LETSS (Law Enforcement Technology and Shared Services) group, a new digital fingerprint system, the PAD (Public Access Defibrillator) Program, and OAR (Opportunities, Alternatives and Resources). A resolution was defeated 2-2 following a lengthy discussion on a proposed resolution to urge the State to enact a ban on text messaging while driving. This resolution will likely be presented at the next Committee meeting or filed as an individual member -filed resolution at the next Legislature meeting. Approval of Minutes of May 5, 2009 It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the minutes of May 5, 2009. MINUTES APPROVED. 193 May 19, 2009 Adi ournment On motion the meeting adjourned at 7:30 p.m. 194 June 2, 2009 Regular Meeting Call to Order Mr. Koplinka-Loehr, Chair, called the meeting to order at 5:31 p.m. Pledge of the Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators (Legislators Burbank and Chock arrived at 5:33 p.m.; Mr. Hattery arrived at 5:37 p.m.; and Mr. Shinagawa arrived at 5:55 p.m.). Privilege of the Floor by the Public Mr. Burbank and Ms. Chock arrived at this time. Fay Gougakis, City of Ithaca resident, spoke of recent newspaper advertisements regarding cell phone usage. Although it indicated the hazard of talking on cellular telephones while driving she believes it should also be noted that texting is a hazard and that appropriate State legislation should be considered. She also stressed the need for more education. She questions statements that cell phone use does not cause brain cancer. Ms. Gougakis also expressed her belief that cellular telephone use should also be banned while riding on Tompkins Consolidated Area Transit buses. Mr. Koplinka-Loehr noted that Tompkins County is considering legislation concerning the ban of text messaging while driving. Mr. Hattery arrived at this time. Joe Sammons, Executive Director of Planned Parenthood of the Southern Finger Lakes, spoke of the collective sadness as a result of the assassination of Dr. George Tiller that occurred in Kansas. He spoke of Dr. Tiller's understanding of the need for good medical care combined with counseling to assist women in making decisions regarding pregnancies. He noted an attack on one individual is an attack on all who undertake this task and said there will be a a memorial to honor Dr. Tiller's legacy and courage, and to renew our own commitment to reproductive justice. Mike Lane, Dryden resident, shared Ms. Gougakis' belief that texting while driving is a hazard. He then spoke of the 2010 County budget process, noting the work undertaken by the Legislature is commendable and also difficult. He said Governor Patterson set the tone when saying there would be pain in budgets this year to make things better. Mr. Lane said while the County budget process is exemplary it will be harder this year and Legislators need to steel themselves to both the groups asking to retain services through raising of taxes as well as those who request taxes to be lower. Mr. Lane recognized making these compromises is the premier part of being a Legislator and encouraged all to go forward to do what is best for the residents in Tompkins County. Distinguished Youth Award Ms. Kiefer, District No. 10 Legislator, presented the Distinguished Youth Award to the Lansing High School Students Against Destructive Decisions in honor of the public awareness brought about by the mock car crash to call attention to the hazards of texting while driving. Ms. Kiefer read the nomination letter from Kevin Wyszkowski, student advisor, as well as excerpts from the Lansing Star Online editor, Mr. Veaner. She noted the event occurs every three years and provides a very graphic depiction of what could occur; this year for the first time the focus was not on drinking but on texting while driving. Ms. Kiefer shared information on each of the seven student's academic and extracurricular interests and thanked them for bringing about the education on this very current hazard. Jessica Uhrovcik, President of the Lansing High School SADD, expressed her appreciation that the hard work done by SADD was recognized. Jessica Keturi, 195 June 2, 2009 representative of the Lansing High School, thanked the Legislature for the recognition and spoke of the many hours of preparation that led to this successful event. Ms. Robertson, Chair of the Public Safety Committee, noted the committee would be reconsidering a resolution to ban texting at its next meeting. Privilege of the Floor by Legislators Mr. Shinagawa arrived at this time. Ms. Robertson, District No. 13 Legislator, made the following statement: "There will be a gathering tomorrow afternoon to honor the memory of Dr. George Tiller, the physician who was murdered in his church in Kansas on Sunday. All people of conscience, no matter your beliefs about abortion, are encouraged to come and stand together against this violence. "Planned Parenthood of the Southern Finger Lakes is calling people together tomorrow, June 3, from 4:45 to 5:45 on the Ithaca Commons in the Bernie Milton pavilion. "I would like to say a few additional words on this topic that continues to divide our country. Tompkins County is one of only 12% of counties in the entire country with any abortion provider. We're even more unusual in non -metropolitan areas, like upstate New York, where only 3% of counties have any abortion provider. In three states (Wyoming, Mississippi, and South Carolina) there is no place at all where women can exercise their constitutional right to end their pregnancy. Of course this disproportionately hurts women without the financial means to travel long distances to find an abortion. "I believe it bears repeating why access to safe abortion matters, and it must be legal in order to be safe. Since Sunday, Dr. Tiller's patients have been quoted in the media saying that he saved their lives. I used to work at Planned Parenthood, where the clinic staff heard this exact statement many many times. It is not an exaggeration. "Before passage of New York's landmark law in 1970, and Roe V. Wade in 1973, the strongest activists for decriminalization of abortion were emergency room doctors and nurses; they routinely had to try to save desperate women who'd been damaged trying to end a pregnancy in dangerous, back -alley operations. Wealthy women could and did travel to other countries for safer procedures; our prohibition put poorer women at special risk. "Recently I learned of another, quieter advocacy group. At the memorial service for Constance Cook, the Republican Assemblywoman from this county who spearheaded passage of decriminalization in New York, the story was told of her work on that bill. Funeral directors had come privately to Connie, begging her to get the bill passed. They said they could not come out publicly but they were agonized by having to bury young women who had died of illegal abortions. There is a reason the coat hangar became the symbol of the pro -choice movement. By the way, adoption has always been an option. But for reasons we can never know or legislate, unknown numbers of women have risked death anyway, and still do today in countries where abortion is illegal. "34 years after Roe v. Wade: • It may seem obvious, but the reason for abortion is unintended pregnancy. Nearly half of all pregnancies of American women are unintended; 40% of these end in abortion. • About half of American women have experienced an unintended pregnancy, and at current rates more than one-third (35%) will have an abortion in their lifetime. • 90% of all abortions occur in the first 12 weeks of pregnancy. 196 June 2, 2009 "Research shows that most women who get an abortion got pregnant despite using some kind of contraception. Until contraception is completely available and perfect, and until people using it are perfect, unintended pregnancies will occur. We should be fighting to reduce the need for abortions, not killing people who provide them. "Dr. George Tiller provided all kinds of medical care to women, including later term abortions for women in the most difficult of circumstances. He was one of only a handful of providers in this country who offer the procedure, usually necessitated by fetal anomalies and threats to a woman's health or life. "Dr. Tiller respected women and their ability and right to make their own ethical choices. He risked his life daily for the sake of women's lives." Mr. Randall, District No. 9 Legislator made the following statement: "We all came to the Legislature with our own stories and life experiences. My journey here was predicated by a sincere desire to give back to the Groton community I am a firm believer that we are all given talents and that we have an obligation to share them with our communities in order to take these talents to the next level. Talent without application is like a nail without a hammer; the potential exists to drive the nail into a piece of wood to build something grand like a home, but without the hammer and someone to use it, it is nothing more than a nail. "My motivations have always been simple; to serve and to lead by example. The past three and one-half years have been years of profound growth in me personally. First I have gotten through adversity, specifically with my battle with health issues, which interfered continually with my ability to participate as a Legislator, and afforded me the dubious honor of "Legislative Slacker of the Year" for the past two years running; and, better yet, started my career as a poster person for OSHA. This is so very ironic because those of you who know my story know that it was through adversity and health issues that a desire to serve in this capacity was spawned originally. To be honest, this has been truly my biggest regret as a Legislator. "Secondly, in the past three years, I have witnessed the realization of a lifelong dream; to share my life experiences with others, to teach. Teaching is one of the most titillating, demanding, and frustrating jobs that I have ever experienced. Abraham Heschel wrote, "Knowledge like the sky is never private property." No teacher has the right to withhold it from anyone who asks for it. Teaching is the art of sharing. This is the kind of teacher that I want to become. I want to lead by example in hope that my students will follow. I want them to see that all it takes is small steps to make great things happen by having the courage to try. I want them to realize that being a carpenter is much greater than just building something; it is the practical application of who they are — their dreams, their trials, and their talents. I have never wanted something so much in my life as to become a great teacher. To become a great teacher takes an incredible amount of time and energy. It takes personal sacrifice and commitment to devote the time needed to truly master the art, not unlike being a Legislator. It will necessitate my return to school part-time to get my professional teaching certification, which translates into night classes and less and less time that I could devote to being a Legislator. "With this being said it is time for me to step aside and let someone with the time and the energy run in my place in the upcoming election. I honestly struggled with this decision for a long time because I truly want to make a difference in my community. To be honest, I smile because I know I still will be making a difference in my community by teaching your children how to be carpenters, but more importantly, how to share their talents with the community they live in. Thank you." Mr. Hattery, District No. 14 Legislator, reported receipt of correspondence from Heather Filiberto, Empire Zone Administrator, reporting the New York State Industrial Development Agency review of Empire Zone businesses as they relate to the new criteria. All forty-four businesses within the Tompkins County Empire Zone were notified they were to be issued retention certificates and would 197 June 2, 2009 continue participation in the Empire Zone and receive the benefits associated with it. He said it shows the quality of businesses approved within the area as well as the work done by the staff. Mrs. McBean-Clairborne, District No. 2 Legislator, expressed her excitement at the nomination of Judge Sotomayor and is hopeful that she will be confirmed. She then announced that on June 4th at 6:00 p.m. the Safe Community Project will have a press conference at the Bernie Milton Pavilion and will have information on what the project will entail. Also, on June 4th at 7:00 p.m. in the City Hall, the second meeting of the Youth Council will be held; they are looking for input and support from community members regarding youth safety. On June 7th, the Boatyard Grill will be holding a "Brunch for Diversity", giving a percentage of their proceeds for the brunch and all meals from 11:30 a.m. to 4:00 p.m. to the Diversity Consortium. The Greater Ithaca Activities Center Festival will be taking place on June 13th and have tables available for organizations to provide materials. Mr. Burbank, District No. 12 Legislator reported the Ithaca Health Alliance will have a meeting and forum on June 5th, with a presentation on seasonal and food allergies. A light dinner is provided and childcare is provided upon request. Mr. Hattery announced the Dryden Dairy Days would be held on June 13th Mrs. McBean-Clairborne appreciated the comments made by Ms. Robertson regarding the assassination of Dr. Tiller and recalled a performance in which she represented the life of a woman who died as a result of a botched back -door abortion. She noted the impact of acts of violence such as the assassination has on families and women. Ms. Chock, District No. 3 Legislator, announced the Belle Sherman/Bryant Park traditional school fair would take place June 5th in the afternoon and into the evening. She invited everyone to participate and noted a perennial flower sale would be taking place. Report from a Municipal Official City of Ithaca Councilwoman Mary Tomlan, City of Ithaca, noted she has been on City Council for many years, but this was her first attendance for the City at a Legislature meeting. She provided a report on the following items: • The Planning and Development Board finalized the recommendations on the Collegetown Urban Plan and Guidelines and they will now go before the City Planning Committee this month and then Common Council. Once approved they would most likely be added to the City's Comprehensive Plan. • The Collegetown Plan is being updated in two phases; the first review is being done with the assistance of a consultant hired in 2008 and the more current portions will supercede the earlier portions. It will have the zoning regulation, design review standards, and specific transportation measures. Phase I of the plan will use current funding and is a broad view of the city. Phase 2 will be more neighborhood specific and will await additional funding and decisions. A consultant is being sought for Phase 2 and the request for qualifications will be sent on June 8th, with a return date of July 10th. • As part of the Comprehensive Plan, there is an interest in communication and input, with both the City and Town having non-voting representatives at each other's Comprehensive Plan meetings. • Intermunicipal activities are being considered in a number of areas including water, Route 96 Corridor Plan, as well as the joint city/town study group. • Municipal Water — the Department of Public Works voted to consider the final environmental impact complete and will do a Finding Statement as a result. Ms. Tomlan congratulated the County on the efforts taken to manage the Empire Zone. 198 June 2, 2009 Mr. Dennis inquired if the plan to have Route 96 north lanes be narrow has been determined, and whether it is known where in the flood channel dredging would occur. Ms. Tomlan indicated the decision was to follow the earlier design plans for Route 96. With regard to dredging, a public meeting will be held within the next two months to discuss that decision. Ms. Chock spoke of the Comprehensive Plan and the joint City/Town study and asked if it was appropriate to have a County Legislator present or to receive notices. Ms. Tomlan said she would request the Legislature and the Planning Department be notified. Mr. Proto asked whether the Towns of Ithaca, Caroline, and Dryden would be notified of the dGEIS findings to allow discussion of particular points as needed regarding the Six Mile Creek corridor. Ms. Tomlan said discussions are taking place with Jennifer Dotson and Roxanna Johnston presently speaking to Caroline; others will also be approached to discuss the decisions. Town of Ithaca Rich DePaolo, Town of Ithaca Board Member, reported the Town would welcome the opportunity to be involved in a joint study regarding the siting and co -location aspect of cellular towers. With regard to the SMSI Health Insurance Consortium, he said it is positively received by the Town and is on the agenda for Monday, June 8`h. He reported that due to the stimulus funding received for the Warren Road project the Town would benefit indirectly as the funding now allows the work for Phase I of the Forest Home Traffic Calming Plan to be done. The work on the Comprehensive Plan update is continuing and meetings are regularly occurring to obtain public comments. The results of the resident survey are being compiled and it is anticipated the project would be completed next year. Mr. DePaolo reported some information was received regarding Cornell University's revised growth plans; they anticipate an increase of between 100 to 150 undergraduate students per year, which may share the East Hill node in the plan and zoning. The town is undertaking a survey of residents near trails, which would provide input to the Comprehensive Plan as well as providing insight into resident desires; upon completion in July he offered to share the information if desired. Ms. Robertson inquired whether there are any changes regarding the East Hill Village concept. Mr. DePaolo stated the zoning regulation amendments would have to be developed prior to any decision- making; he has not yet seen any proposed Local Law regarding the matter. Presentation Regarding Jail Accreditation Mr. Meskill, Tompkins County Sheriff, introduced Peter Kehoe, Executive Director of the New York State Sheriff's Association. Mr. Meskill noted the organization has been an excellent resource that has assisted his office in many ways and on many topics. He noted Mr. Kehoe was present to speak to the Legislature regarding the Accreditation of the jail. Mr. Kehoe recognized and congratulated Mr. Meskill and the Tompkins County Sheriff's Department on the outstanding achievement of accreditation of the Corrections Division. He spoke of the history of Tompkins County having outstanding Sheriffs and noted that Mr. Meskill and his Undersheriff, Mr. Tubbs, are keeping in this tradition. Mr. Kehoe spoke of the positive effects as a result of accreditation, including: improving operations, morale, reducing incidents of lawsuit and liability that in turn reduces insurance premiums, and most importantly, increasing public confidence. He said to reach this status it required documentation of 166 standards of excellence to the satisfaction of peer -review assessors and passing on- site inspections, as well as other requirements. Mr. Kehoe stated the Tompkins County Jail met or exceeded all 166 requirements and is now one of only 62 jails within the state reaching this status. He congratulated Mr. Meskill, Chief Neimi, and Officers Potter and Bunce, and presented each with a plaque. 199 June 2, 2009 Mr. Meskill thanked Mr. Kehoe and thanked all individuals in his department that assisted in the work to reach this status, noting without the tenacity and leadership exhibited it would not be possible. Chair's Report Mr. Koplinka-Loehr reported he held a Committee Chairs meeting on June 1st. Discussions included what would occur upon passage of the fiscal guidelines and what it means for the Committee Chairs and Department Heads, including reviewing proposed budgets level of Program Committee involvement, and the impacts prior to submission to the County Administrator. More information relating to this topic will be discussed at the Department Head/Legislature Meeting taking place from 4:30 p.m. to 6:30 p.m. on June 22nd Report from the County Administrator Mr. Mareane, County Administrator, reported he is meeting with departmental managers and staff to obtain necessary information prior to the upcoming meeting on June 22nd. In addition, he noted many suggestions on ways to reduce the budget are being provided by employees using the electronic suggestion box. Report from the County Attorney Mr. Wood, County Attorney, reported all financial disclosure forms have been received. Report from the Finance Director Mr. Squires, Finance Director, reported the foreclosure auction preview would be held June 3rd for the six properties to be sold on June 9th at 7:00 p.m. Mr. Proto discussed amendments to deeds, particularly with stream setbacks, and inquired who is able to make those changes, wondering if the amendments require Legislature approval prior to possession. Mr. Squires explained the County reviews property and does appropriate environmental reviews, which are done by himself, the Planning Department, and County Attorney. If deemed appropriate, recommendations are made to the Government Performance and Workforce Relations Committee. He indicated no amendments are made prior to the time of sale due to the fact the present owner retains the right to claim the land up to the date of auction. In the current foreclosure auction one property will be sold subject to a stream bank buffer. It was explained that although the Government Performance and Workforce Relations Committee makes a determination to place a restriction on a property the Legislature ultimately reaffirms the action of the auction sale and any restriction. At this time, Mr. Proto proposed the property with the proposed restriction be withdrawn from the auction to provide the opportunity to review the matter. He believes it is a method of land -use control and the appropriate committee and Legislature should have the opportunity to review the matter prior to the sale. Mr. Marx said after the auction the Legislature would have to approve the sale; information would be provided regarding the easement of the property. He stated it is standard not to have the easement attached prior to the sale due to possible retention of property; all recommendations have followed administrative procedures. Mr. Hattery said he shares Mr. Proto's concerns, however, the relevant planning authority was informed of the proposal to obtain their consent as well. Addition of Resolution(s) to the Agenda It was MOVED by Ms. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to add to the agenda the resolution entitled Award of Bid — CR 121, Warren Road Reconstruction (Pin 3753.73), Town and Village of Lansing. RESOLUTION ADDED. 200 June 2, 2009 Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda There were no appointments under the Consent Agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 86 — AUTHORIZATION TO INCREASE HOURS — WIC PROGRAM DIRECTOR — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the WIC Program has sufficient State/Federal funds to increase the WIC Director's time, and WHEREAS, the New York State Department of Health has authorized the program to increase the hours to accomplish needed tasks, now therefore be it RESOLVED, on recommendation of the Health and Human Services, and the Budget, Capital, and Finance Committees, That the position of WIC Program Director (14/598), labor grade N, competitive class, be increased from 35 hours per week to 40 hours per week effective June 14, 2009, RESOLVED, further, That this increase in hours shall be permanent as long as there are sufficient grant funds to cover the increase in hours, RESOLVED, further, That this change is one -hundred percent funded by the WIC Program grant. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE A FIVE-YEAR AGREEMENT WITH THE UNIFIED COURT SYSTEM FOR THE PROVISION OF CLEANING AND MAINTENANCE SERVICES AT THE MAIN COURTHOUSE AND OLD COURTHOUSE MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Unified Court System has a need to ensure adequate cleaning and maintenance services are available in the Supreme and County Courts, and WHEREAS, the Facilities Division has historically filled this need with County staff and has been reimbursed for such services, and WHEREAS, the Facilities Division and the County are reimbursed for a percentage of expenses, and the dollar amount is negotiated each year of the five-year term, and shall be amended if expenses exceed the contract amount, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee is authorized to sign a contract with the New York State Unified Court System for the provision of Courthouse cleaning and maintenance services for the period of April 1, 2008, through March 31, 2013. SEQR ACTION: TYPE I1-20 201 June 2, 2009 RESOLUTION NO. 88 - AUTHORIZATION TO EXECUTE A CONTRACT WITH BARTON & LOGUIDICE, PC, FOR DESIGN SERVICES — BRIDGE PAINTING, VARIOUS LOCATIONS (PIN 3754.20) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 27 of 2009 authorized an agreement with the State of New York whereby Federal sources will furnish eighty percent of the funding necessary for the Tompkins County Bridge Painting Project (PIN 3754.20), and WHEREAS, this project is not eligible for Marchiselli (State) funding, and WHEREAS, County Highway Division staff has recommended Barton & Loguidice, PC, of Syracuse, New York, as best qualified to provide design services for the Tompkins County Bridge Painting Project and Barton & Loguidice, PC, has been pre -qualified by the regional New York State Department of Transportation to perform such design services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with Barton & Loguidice, PC, of 290 Elwood Davis Road, Syracuse, New York, for design services in connection with the referenced project for an amount not to exceed $31,000, of which the Federal share is $24,800 (eighty percent), and the local share is $6,200 (twenty percent), RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from the Highway Bridge Maintenance Account (D5111.54411). SEQR ACTION: TYPE II- 1 RESOLUTION NO. 89 - AUTHORIZATION TO EXECUTE SUPPLEMENTAL AGREEMENT WITH FISHER ASSOCIATES FOR DESIGN AND RIGHT-OF-WAY SERVICES — HANSHAW ROAD RECONSTRUCTION PROJECT, PIN 3753.25 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 209 of 2004 authorized a contract with Fisher Associates, P.E., L.S., P.C., (Fisher), of 135 Calkins Road, Rochester, New York, for design services in connection with the reconstruction of County Road 109, Hanshaw Road, and WHEREAS, Resolution No. 167 of 2007 approved a project Design Report and Right -of -Way Plan, which identified additional highway design needs, among them a traffic signal at the Warren Road intersection, signal warrant analysis at the intersection at Pleasant Grove Road, and an archaeological assessment, and WHEREAS, additional right-of-way needs have been identified as a result of a decision of the State of New York Supreme Court, Appellate Division in reference to Coddington Road, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Fisher Associates, P.E., L.S., P.C., of 135 Calkins Road, Rochester, New York, for design and right-of- way services in connection with the referenced project for an amount not to exceed $365,000, funds to be provided from account HZ5103.59239.53.10 (Hanshaw Road Capital Account), RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.59239.53.10 (Hanshaw Road Capital Account). 202 June 2, 2009 SEQR ACTION: Unlisted Negative Declaration issued (No further action required) RESOLUTION NO. 90 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET — 2009-2010 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That a public hearing be held on June 16, 2009, 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 2009-2010 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 At this time, Ms. Kiefer said she was under the assumption that information regarding the Tompkins Cortland Community College charge -backs would be made available; if there were concerns raised the public hearing matter could be postponed for a two-week period. She expressed concern regarding the ability for the Legislature to amend the amounts contained within the resolution. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to reconsider the Consent Agenda in order to remove the resolution regarding the Tompkins Cortland Community College 2009-2010 budget. A brief discussion took place, during which Ms. Kiefer expressed concern that passage of the resolution would not allow amendments of the resolution without the requirement of another public hearing. She believes the matter should be resolved prior to that time. It was noted the amount of county contribution is three percent. Mr. Dennis indicated without any information to indicate there is a problem with the figure he would not support the motion. A voice vote on the motion to reconsider the Consent Agenda resulted as follows: Ayes — 7 (Legislators Burbank, Chock, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, and Robertson); Noes — 8 (Legislators Dennis, Hattery, Herrera, Proto, Randall, Shinagawa, Sigler, and Stevenson). MOTION FAILED. In response to a question by Ms. Mackesey regarding the need for another public hearing, Mr. Wood, County Attorney, indicated it is not a local law, therefore would not require a second public hearing. Like the normal budget process, the Legislature has the ability to amend the amount of contribution if desired. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said the Committee continues to review the rules and procedures and hopes to have input from fellow Legislators as soon as possible. At this time they are in the portion pertaining to the order of the agenda. Mr. Proto noted staff has also been asked to provide input as needed. Report from the Health and Human Services Committee 203 June 2, 2009 Mr. Proto, Chair, reported the Committee would meet on June 9th at which time reports on the impact of the economic situation would continue. He said the number of cases for Department of Social Services is increasing and has he asked for a brief report to inform Legislators. Mr. Proto noted thus far only one case of the H1N1 (Swine) flu has been confirmed within the County. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on May 31 and briefly before the Legislature meeting; the bulk of the work is on the agenda. She reported that the Federal stimulus funding for projects such as Warren Road has freed up funding that could now be allocated to other projects awaiting the funding. The Committee heard from the Solid Waste Division that as a result of decreased revenue in commodities there is a shortfall; after reductions in the 2009 budget it is anticipated there would be a $235,000 shortfall this year, which may result in the need to increase the solid waste fee in 2010. Mrs. McBean-Clairborne reported the Airport Re -use Master Plan, which proposes the design process include items to reduce the carbon footprint during routine upgrade and maintenance has been enthusiastically received and approved by the Federal Aviation Administration. The airport is the first airport in the country to suggest the inclusion of environmentally -based improvements. RESOLUTION NO. 91 - AUTHORIZATION TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH BERGMANN ASSOCIATES, PC, FOR CONSTRUCTION INSPECTION SERVICES — CR121, WARREN ROAD RECONSTRUCTION (PIN 3753.73) MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote. Mrs. McBean-Clairborne explained she removed the resolution from the consent agenda to amend the amount of the supplemental agreement to reflect a reduction in the contracted amount. WHEREAS, Governor David Patterson has authorized the use of American Recovery and Reinvestment Act Federal funding whereby Federal sources will furnish one -hundred percent of the funding necessary for reconstruction of Warren Road, and WHEREAS, Bergmann Associates, PC, of Rochester, New York, satisfactorily provided engineering design services and is qualified to provide construction engineering support and construction inspection services for the Warren Road reconstruction project, and WHEREAS, Bergmann Associates, PC, is one of fifteen engineering consultants that New York State Department of Transportation has fully qualified and authorized for such work in Tompkins County's region, and WHEREAS, County Highway Division staff has recommended Bergmann Associates, PC, as best qualified to provide the required construction inspection services for this Federally aided project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Bergmann Associates, PC, of 28 East Main Street, Rochester, New York, for construction inspection services in connection with the referenced project for an amount not to exceed $440,210, RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from the Warren Road Reconstruction Capital Account (HZ 5103.59239.53.12). SEQR ACTION: TYPE II- 2 RESOLUTION NO. 92 - AWARD OF BID — CR 121, WARREN ROAD RECONSTRUCTION (PIN 3753.73), TOWN AND VILLAGE OF LANSING 204 June 2, 2009 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Resolution No. 12 adopted on January 18, 2005, approved a project to reconstruct County Road 121, Warren Road, P.I.N. 3753.73, in the Town and Village of Lansing (the Project), and WHEREAS, Resolution No. 21 adopted on February 21, 2006, authorized granting of Design and Right -of -Way Plan approvals whereby completion of project final design was authorized, and WHEREAS, Governor David Paterson has authorized the use of American Recovery and Reinvestment Act (ARRA) federal stimulus funding whereby federal sources will furnish one -hundred percent of the funding necessary for construction of the Project, including construction inspection and utility relocation, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the Project, and WHEREAS, seven (7) bids were received and publicly opened on May 28, 2009, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to F. Rizzo Construction, Inc., of Auburn, New York, lowest, responsible bidder, in the amount of $4,538,543.50, pending approval by the New York State Department of Transportation, RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed ten percent of the aforementioned bid amount on behalf of the County, funds to be provided from the Warren Road Capital Account (HZ 5103.59239.53.12) and Road Maintenance Program Capital Account (HZ 5105.59239.51.05). SEQR ACTION: TYPE II - 2 Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported the Committee would meet on June 12th Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee would meet on June 10. She reported that at the May 13th meeting the Planning Department reported on the 2009 Water Quality Strategy, which addresses water resources within the county. The plan is for a three-year period versus the previous two-year plan and addresses some topical issues such as gas drilling. The Committee also was presented the Route 96 Corridor Study, noting the area faces a lot of developments and certain pressures regarding increased traffic in the City and neighborhoods. The plan addresses how to plan for future use and the best manner in which to proceed. Mr. Proto noted the policy addressing the Route 96 corridor study is coming through the land -use policy; the Planning Advisory Board is working on amendments to set -backs. He would like to request the Planning, Development, and Environmental Quality Committee place that topic on a future agenda with information of how the Legislature would be informed. Mr. Marx stated he would do so. Report and Presentation of Resolution(s) from the Budget, Capital, and Finance Committee Mr. Dennis, Chair, spoke of the Committee receiving information from Mr. Mareane regarding steps taken in the budget process. RESOLUTION NO. 93 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2010 BUDGET MOVED by Mr. Dennis, seconded by Mr. Hattery. 205 June 2, 2009 Mr. Shinagawa spoke of his conversations with an administrator of a larger agency who noted discussions with Mr. Mareane regarding the budget were very respectful and that the manner presented clearly recognized the work and manner in which to cut costs were understood to be difficult. The individual said the demeanor shown made it clear that Administration has an understanding of what the agency is going through during this difficult process. Ms. Robertson noted that at a Human Services Coalition meeting the consensus was that although the 2010 budget is difficult the manner of communication from Administration was appreciated. She then spoke of the proposed decrease of 6.25 percent, noting some departments do not have the ability to make the reductions. In response to her question, Mr. Mareane said each percentage point was equal to approximately a $380,000 reduction. Ms. Robertson would not support the 6.25 percent reduction. Mr. Sigler believes the resolution is requesting across-the-board reductions from all departments and is applicable to every area under the control of the County. He asked to have a different approach, to determine what areas Legislators would like to see reduced before instilling the across-the-board reduction request. Mr. Sigler expressed his belief that while 2010 would be difficult, the subsequent years would be more difficult; if difficult choices are not made at this time it will be more difficult in the future. Mr. Koplinka-Loehr stated the process has been to set a guideline in April, with a vote in May, with the resolution following directing departments, agencies, municipalities, to meet guidelines. This year the request is for the 6.25 percent reduction from the 2009 base budget. Mr. Sigler's suggestion that determining specific areas of reduction would provide a tool is not unlike what is being asked, it is simply a way to meet a guideline. In response to a question by Mr. Shinagawa, Mr. Koplinka-Loehr noted the last time an across-the-board reduction occurred was in 1992, with the current budget process having been developed as a result. Mr. Shinagawa felt it is appropriate to request Department Heads to determine how they would amend their budget to meet the goal, and then have the Legislature review to determine if they are in agreement. He would not support a lower number given the financial indicators provided by the State. Ms. Herrera supports the resolution and recognizes it will require tough decisions. The collaboration with departments in the process is commendable. Ms. Herrera believes it would be good to ask the depaitments to work with the Legislature and arrive at consensus of where to go. At this time it is early in the process and with pension shortfalls at the State level the potential of double-digit tax increases is possible without proactive steps to ensure sound financial status. Ms. Kiefer noted the resolution provides the County Administrator the authority to adjust the 6.25 percent reduction if it is not possible for a specific department, therefore it is not a strict across-the-board reduction. Ms. Kiefer said it is difficult for her to determine how to vote on the resolution due to the three percent tax levy increase. Ordinarily she would accept a legislative decision as a group, and base future votes on it, but in this case it is just a guideline, one she believes to be unwise. She asked a month ago for the contrast between maintenance of effort budget and the three percent increase and was informed the County would have a 4.4 million dollar base shortfall; additional revenues for reserve in the amount of $1.3 million would reduce the amount, and if combined with an additional $1 million to hold salary and fringe flat, would then leave only $2.5 million to raise through property tax; this amount would only be an additional $37.50 for a $100,000 home, or for the median assessment of $145,000, a $55 increase. Ms. Kiefer said it is clearer to the public to indicate what the additional taxes to keep services would be. Therefore she is not certain she can support the resolution. Mr. Dennis stated the choice made today is not as difficult as it will be when departments bring forward their budgets, with regard to salaries, flat salaries are not the County's negotiating position at this time. He indicated the decisions on the County's programs would come later. 206 June 2, 2009 Ms. Robertson said two tough choices have already been made affecting the 2010 budget, one being the increase of management salaries for 2009. She said this will amount to $264,000 for 2009 and 2010. The choice to provide 3 percent for Tompkins Cortland Community College's 2009-2010 budget has also been made. The combined total adds $384,000 to the 2010 budget, which is approximately one percent on the tax levy. She does not believe it is reasonable to have departments go through the exercise of finding 6.25 percent cuts, putting staff under great stress when it is not likely the legislature will have the fiscal discipline to make those cuts. It was MOVED by Ms. Robertson, seconded by Ms. Kiefer, to amend the resolution to reflect a 5.25 percent reduction in the 2009 base budget. Mr. Proto agreed with Ms. Robertson's opinion on the choices made for Tompkins Cortland Community College. While there is hope that some changes such as the pension plans is not bad, he is in agreement that perhaps the tax levy should be increased slightly above 3 percent. In addition he would like to afford departments and agencies the ability to show what the reduction would mean. He noted many departments and agencies contract with outside agencies and they too would be affected. While he is sympathetic, he thinks it is too early in the process to change the levy and will not support the amendment. Ms. Herrera said this is the beginning of the budget process and Legislators would be approached by those desiring to keep programs and others wishing to reduce taxes. She expressed her desire to have a collaborative process going forward to determine the 2010 budget. Mr. Koplinka-Loehr would not support the proposed amendment. He stated the resolution is a budget tool to get information from depaitnient heads with regard to meeting the goal. He does not believe amending the amount would provide enough information. Ms. Robertson stated the —5.25 percent target would still require cuts of $2.2 million She said at the recent CAP meeting one member stated a reduction in taxes is desired, but we should not cut the library. She believes not desiring cuts could be requested for all departments and to be fair the Legislature should show responsibility in decision-making Ms. Mackesey said she did not support the resolution at Committee if it is simply an exercise to see what could occur and she finds it offensive; there are cuts to be made with the tax levy set low. The history does not indicate a willingness on the part of the Legislature to cut programs and putting the Department Heads through this exercise uses time, creates concern, and then doesn't happen. Although it may require cuts this year she believes it to be too deep and unfair. Ms. Mackesey said if the budget is not reduced and the Legislature supports a higher tax levy following this exercise she would not be pleased. Ms. Chock will not support the proposed amendment; she believes the original amount would provide a reasonable discussion. She does not believe a three percent tax levy increase could be achieved, but does not support one much higher. Ms. Chock said the County has been responsible and that the Legislature would have options when the information is provided and will make decisions. Mr. Sigler noted the management increase was appropriate and it was fundamentally wrong to treat management differently than other employees as funds were available in the 2009 budget. It was also noted that there most likely will be no increase in wages anticipated in 2010. He also said the three percent increase for Tompkins Cortland Community College was the best that could be done. Although the goal may not be achieved, he believes it requires trying to do so. He believes budgeting is the most significant thing a Legislator does. Mr. Burbank expressed appreciation to Ms. Robertson for the amendment, but feels it is too modest. He said it will be a tough year and wishes the matter could be delayed until August when more is 207 June 2, 2009 known. He recognized this would put staff through misery and understands it is time for Legislators to articulate where cuts should or should not be made. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to call the question. A voice vote on calling the question resulted as follows: Ayes — 12; Noes — 3 (Legislators Chock, Mackesey, Robertson). QUESTION CALLED. A voice vote on the amendment to the resolution resulted as follows: Ayes — 2 (Legislators Kiefer and Robertson); Noes — 13. AMENDMENT FAILED. Ms. Robertson will not support the resolution and stated we have not seen the difficult choices yet. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Kiefer, Mackesey, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over -Target Request, and changes in fiscal targets should be communicated to department heads and program directors as timely as possible in order for them to submit their budget requests by August 1, 2009, and WHEREAS, already -negotiated salary increases will require more than a 2.25 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 2010 budget requests, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That fiscal targets for all budgeting units for preparation of the 2010 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets shall be decreased by 6.25% from the amount approved in the 2009 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 decreased by 6.25% from the current year appropriation —not including one-time funding nor adjustments for prior years. 3. For all County departments' fiscal targets shall be decreased by 6.25% from the fiscal target approved in the 2009 adopted budget. 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 the recommended budget, shall have the full authority of the Legislature to adjust department targets as needed to achieve the Tax Levy goal set by the Legislature, and will consult with Department Heads and Division Managers prior to adjusting targets. SEQR ACTION: TYPE II -20 Mr. Dennis said the next meeting would be on June 8th at 3:30 p.m. Report and Appointment(s) from the Public Safety Committee Ms. Robertson, Chair, reported the Committee would meet on June 15th and will consider a resolution urging the State to enact a ban of texting while driving. Ms. Robertson hopes to have a discussion on the 2003 Alternatives to Incarceration report prepared by Ms. Schlather. Mr. Hattery asked if there would be a fiscal rider to indicate the cost of enforcement of a text ban law. Ms. Robertson did not know at this time. 208 June 2, 2009 It was MOVED by Ms. Robertson, seconded by Mr. Burbank, to appoint Jeff Lydon — Representative of Agency Providing Mediation Services to Courts; term expires December 31, 2010. Mr. Proto indicated that while he did not have anything against the appointment he pulled it from the Consent Agenda due to a residency issue. Ms. Robertson noted Mr. Lydon is in the process of purchasing a home within the County and is anticipated to close within the next couple of months. It was MOVED by Mr. Proto, seconded by Ms. Mackesey, to amend the appointment to indicate the start date of August 1. Following a brief discussion, during which it was noted this is not a designated appointment, a voice vote on the amendment resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Chock, Kiefer, and Robertson). AMENDMENT APPROVED. A voice vote on the appointment resulted as follow: Ayes — 15; Noes — 0. APPOINTMENT APPROVED. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on May 27th, with the majority of the meeting being a report done on the work completed by TFC Associates. Upon receipt of the executive summary of the report she will forward the information on to fellow Legislators. She noted the training provided great recommendations and the Committee will now look at the next steps to take regarding workforce diversity and inclusion and will include reviews of the information provided in surveys. Mrs. McBean-Clairborne expressed appreciation to the Tompkins County Mental Health Services Board for their use of the diversity logo on the awards presented to community members. The next meeting is June 24th and will include local CSEA representatives to discuss various topics. Approval of Minutes of May 19, 2009 The minutes were deferred to the next Legislature meeting. Adjournment On motion the meeting adjourned at 8:17 p.m. 209 June 16, 2009 Regular Meeting Public Hearing — 2009-2010 Operating budget request for Tompkins Cortland Community College Chair Koplinka-Loehr called the public hearing to order at 5:32 p.m. concerning the 2009-2010 operating budget request for Tompkins Cortland Community College, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:32 p.m. Pledge of the 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 Dennis). Privilege of the Floor by the Public Herb Engman, Town of Ithaca Supervisor, spoke in support of the resolution on the agenda entitled Support of New York State Bill A.1867/S.2247, Establishing the Farmworkers Fair Labor Practices Act, to Grant Farmworkers Collective Bargaining Rights, Workers' Compensation, Unemployment Benefits, a Day of Rest, and other Labor Protections Provided to Other Workers in New York. Mr. Engman said he has worked for 35 years on farmworker issues and for 30 years with 4-H programs concurrently and has had the opportunity to look at the issue from a farmworker as well as the farmer perspective. He said there is a saying that fits this situation with the legislation at the State level -- "the only thing necessary for the triumph of evil is for good people to do nothing". He said this has happened to farmworkers for the last 75 years. He said although the New York State Constitution says that all workers have the right to collectively bargain, the labor laws are written in a way that says farmworkers are not workers. Mr. Engman distributed information on exclusions from New York State Labor Laws and the origins of exclusions of farmworkers for that equal protection. Laurie Konwinski, City of Ithaca resident and representative of the New York State Catholic Conference, spoke in support of the resolution on the agenda entitled Support of New York State Bill A.1867/S.2247, Establishing the Farmworkers Fair Labor Practices Act, to Grant Farmworkers Collective Bargaining Rights, Workers' Compensation, Unemployment Benefits, a Day of Rest, and other Labor Protections Provided to Other Workers in New York. Ms. Konwinski said the Conference supports the resolution because they have a belief in the dignity of all human beings, the dignity of work, and the right to organize. She also spoke of her nine summers of experience working in a migrant camp health clinic as an interpreter. She also spoke of the dangers and health hazards farmworkers have endured because of their work and the Conference's belief they should be entitled to the same rights as other citizens. Michael Lane, Dryden resident and former Legislator, spoke of the importance of events happening at the State level and expressed his disappointment in both political parties. He said county governments are an "arm" of the New York State legislature because of the large number of mandates that are passed down to counties and must be administered. He said there is a real need for reform at the State level, a constitutional convention, and redistricting. Mary Loehr, City of Ithaca resident and farmer, spoke in support of the resolution on the agenda entitled "Support of New York State Bill A.1867/S.2247, Establishing the Farmworkers Fair Labor Practices Act, to Grant Farmworkers Collective Bargaining Rights, Workers' Compensation, Unemployment Benefits, a Day of Rest, and other Labor Protections Provided to Other Workers in New 210 June 16, 2009 York". She said as a farmer, she very much supports the rights of farm workers. Ms. Loehr said farming and domestic workers are the only two industries that have this exclusion. Bruce Babcock, Trumansburg resident, submitted a CD that he stated contained a conversation between him and an employee of the SPCA. He spoke of incidents in which he believes his human rights have been violated and questioned to whom he would submit a complaint about a local judge. Albert Lercott, City of Ithaca, spoke of service dog laws and said they are not being followed. He said the laws are clear on what service dogs are and have been on the books since 2002. He said the public would need to be better educated as service dogs are often met with resistance. Presentation of Distinguished Youth Award Mr. Burbank, District No. 12 Legislator, presented thirteen -year-old Christian Schuepback and eight-year-old Jordon Lu with the June 2009 Distinguished Youth Award. Christian Schuepback was nominated by Officer Stephen Moracco and Lt.Vince Monticello of the Ithaca Police Department for his quick action and alerting of authorities, which were instrumental in saving the lives of a woman and her dog who had broken through the ice at the 30 Foot Dam in Six Mile Creek in March. Jordon Lu was nominated by Ithaca Firefighter Brian Pendell and Lt. Dave Burbank for quick action she took and assistance she provided to a classmate suffering a severe allergic reaction, and the assistance she provided firefighters at the incident. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, reported on Marcellus Gas Drilling and said correspondence was received from Assemblywoman Lifton. Ms. Lifton endorsed the County's request that the comment period for the SGEIS be extended from 30 to 90 days. Ms. Robertson also distributed information about a meeting that will be held this Saturday in Morrisville called "Proactive Municipal Response to Natural Gas Development in Upstate New York." Lastly, she highlighted a news article in the Ithaca Journal on June 13 entitled "Drilling could be culprit behind Texas earthquakes." Mr. Proto, District No. 7 Legislator, said approximately one month ago he circulated a letter he sent to Tompkins County's State and Federal legislators asking that they support the extension of the comment period for the SDGEIS. He reported he has received a letter from Senator George Winner expressing his support of the extended comment period. In addition, last evening in Danby there was an opportunity to hear from a panel on gas drilling and efforts that are taking place in Tioga County to develop a Consortium and draw together landowners there. Mr. Whicher, former County Administrator, distributed a list that outlined specific tasks assigned to various departments of County government. Mr. Proto commended Ed Marx, Commissioner of Planning and Public Works, for his work on this. He spoke of water testing and said the Community Science Institute has come up with a plan to test wells; however, the average cost is $500-$700 per test per well. He stated it is unlikely the County could pay for the testing of every well in the County, but the Water Resources Council will be discussing working something into lease agreements with the hope of having the gas companies bearing the costs of these tests. Mr. Proto invited everyone to attend the July 20 Water Resources Council meeting to hear a presentation from representatives of the Great Lakes Waterbodies and the Susquehanna River Basin Commission about the moving of water and hydrofracing liquid. Mrs. McBean-Clairborne, District No. 2 Legislator, commended the Distinguished Youth Award recipients this evening and said the law enforcement and public safety agencies do a great job at educating youth in the school systems and hopes those efforts will continue. She congratulated Judy Saul who recently retired from the Community Dispute Resolution Center after 25 years of service. She said Ms. Saul set the standard in terms of professionalism, passion for work, and work ethics. A lot of the 211 June 16, 2009 great work that is done by CDRC can be credited to Ms. Saul. Mrs. McBean-Clairborne wished her well in her retirement. Mrs. McBean-Clairborne announced June 19th marks the celebration of Juneteenth, the official celebration of the end of slavery; events will take place throughout Friday and Saturday. She also announced the beginning of the Congo Market on Fridays from 4 to 8 p.m. Mr. Stevenson thanked Mr. Burbank for his Distinguished Youth Award presentation. He reminded Legislators that the emergency communications professionals play an important role in the incidents such as those that were spoken of this evening. Ms. Mackesey thanked Ms. Robertson and Mr. Proto for raising the issue of gas drilling. She also said Mr. Marx has done a tremendous job in organizing agencies throughout the County to look at this issue. She also complimented the Tompkins County Council of Governments and the subcommittee chaired by Don Barber that is looking at specific plans that can be adopted by municipalities that will help protect local roads and property. Ms. Mackesey said the Council of Governments is an important link in this process because if all municipalities in the County are educated about what they can do everyone will be in a better position. Mr. Burbank, District No. 12 Legislator, announced the West Hill Civic Association and the Ithaca West Hill Community have called a meeting on June 23rd at the Ithaca Town Hall to try to bring residents and town leaders to talk about the development that has been happening on West Hill. Mr. Burbank said he is the County's liaison to Cooperative Extension and has become amazed at how diverse they are in terms of their activities and interests. He announced there would be a "potting container swap" of plastic gardening pots, June 26th to June 29th at Cooperative Extension. Ms. Chock, District No. 3 Legislator, thanked the individuals who came this evening to speak about the resolution on the agenda. She briefly explained that the County learned only a week ago of the Farm Bureau's organizing opposition to this State legislation, and she requests that the County pass the resolution on the agenda. She said she contacted an individual working on this issue and had the opportunity to learn of the unusual circumstances that has presented Tompkins County with a unique opportunity to weigh in on the issue now, as there may not be another opportunity prior to the State Legislature reconvening. She spoke of the conversation she had with former Assemblyman Marty Luster and he informed her that most small farms in Tompkins County already comply with the types of things in the legislation. He also said in all of the years he has worked on this act, he has not had a lot of opposition from farm owners in Tompkins County. Ms. Kiefer, District No. 10 Legislator, recalled there was an earlier round of concerns about gas leases five to six years ago and at that time the Environmental Management Council developed a model lease for residents and Cooperative Extension worked on another version. With respect to the farmworkers bill of rights, she said the current effort on this issue is impressive but wanted to make note of the past efforts that have taken place. She said one of the first speakers said it was both farm workers and domestic workers that are excluded from the fair labor practices act and today there are 200,000 workplaces in New York State where these standards do not apply. She said there are housekeepers, nannies, and caregivers who have no protections. She hopes the County's enthusiasm might next extend to the domestic workers bill of rights that is also in Albany. Mr. Randall, District No. 9 Legislator, expressed his disapproval over the lengthy explanation given by Ms. Chock on the farm worker resolution. He believes the appropriate time for the discussion would be during discussion of the resolution. Presentation of Resolution(s) from the Budget, Capital and Finance Committee 212 June 16, 2009 RESOLUTION NO. 94 — ADOPTION OF 2009-2010 BUDGET — TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Ms. Mackesey, seconded by Mr. Proto. Ms. Kiefer said she will support this resolution but wishes the County could do more for TC3. Ms. Robertson said she is also a supporter of TC3 and attended the budget presentation at the College along with Cortland County legislators. She said the County is looking at imposing a —6.25% budget reduction on all County departments in addition to the increased fringe costs; this totals a cut of approximately 11%. Although she has always been a supporter of education, she cannot support TC3's funding request in the current fiscal situation. Mrs. McBean-Clairborne said the TC3 budget request comes before the County's budget process begins and that makes this request even more difficult. She spoke of the value of the quality education offered by TC3 and the awards ceremony she attended this past week of the African -Latino Society of Ithaca High School that recognizes graduating seniors of color. In previous years 9 out of the 10 are going to TC3. She, like Legislator Kiefer, would like to give more but will support the increase at this level given the current economic situation. Ms. Herrera said she sees this as a race and class issue, particularly in times of an economic downturn because during these times people with less means and with who historically have been under- represented end up suffering more. She also spoke of the quality of instruction provided at TC3 and said although these are difficult economic times she sees this as an investment. Mr. Proto said he taught at TC3 as an adjunct for nine years. He applauded the work President Haynes has done at the College and said he sees this increase as a compromise with Cortland County. He said this is the first of a series of prioritizations that will need to be done with the County's budget. Ms. Kiefer noted TC3 has a different fiscal year than the County. She said the comments being made this evening seem to make the assumption that this Legislature will support all of the cuts that the County Administrator has asked departments to make. Ms. Chock said she would support this resolution because this is a County that places an emphasis on higher education. This is a year when there are not a lot of jobs and this investment will help students avoid utilizing other public services. She quoted national statistics, saying only 20% of college graduates have jobs for the next year and 70% of TC3's graduates have jobs or further education plans. A voice vote on the resolution resulted as follows: Ayes — 11, Noes — 3 (Legislators Hattery, Robertson, and Sigler), Excused - 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2009 through August 31, 2010, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6406 of the Education Law, and WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 16th of June, 2009, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That said proposed 2009-2010 operating budget in the amount of $34,629,180 of which the total sponsoring community contribution is in the amount of $4,254,915 (a 3 percent increase) be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2009 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2000, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2010, 213 June 16, 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 Report from a Municipal Official There was no municipal official in attendance. Chair's Report Mr. Koplinka-Loehr said the Tompkins County Health Department has been heroic in the handling of the H1N1 virus and also in disseminating information to the public. Mr. Koplinka-Loehr reminded Legislators that information concerning Legislature Direct Reports is due next week. He announced the Public Library's budget presentation will be tomorrow at 4 p.m. and the Department Head/Legislature retreat will be held on Monday, June 22 at the Ithaca Town Hall. The next Community Advisory Panel meeting will be June 29th Report from the County Administrator Mr. Mareane said spending targets were approved for departments at a 6.25% reduction level at the last meeting and he has e-mailed the reaction of Department Heads to all Legislators. Mr. Mareane spoke of the importance of there being a common understanding of the impacts of those cuts. He said in order to balance the budget and increase property taxes by three percent; the Legislature needs to reduce expenditures by $2.4 million. This takes into account assumptions concerning wage growth and revenues. That reduction will need to be made over a limited base of expenditures of $38.4 million that the County has some discretion over. Mr. Mareane clarified that $2.4 million in cuts spread over a base of $38.4 million results in a reduction of 6.25%. He said an important point that needs to be made is that in that base are fringe benefits. When those spending targets are allocated to departments we have to look at not only the departments net spending, exclusive of fringe benefits, but also at reductions in the fringe benefits associated with those budgets. He said a couple of years ago the fringe benefits were removed from departmental budgets. Ms. Kiefer asked if, looking ahead, is it conceivable that health insurance savings from the Health Care Consortium could cancel out the expected increase in pension contributions; Mr. Mareane said he hopes so, noting the health care savings have been factored in. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires had no report. Mr. Proto referred to a news article that showed a slight increase in County spending in the economic index, and asked what positive impact home sales may have had on tax distributions. Mr. Squires said although the decline has narrowed somewhat tax distributions are still below last year. Mr. Squires reported the foreclosure auction was held. Four properties were sold and total receipts were $65,000; this resulted in a net gain of $29,000 for the County. Addition of Resolution(s) to the Agenda 214 June 16, 2009 It was MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled Award of Contract — Telecommunications Services. It was MOVED by Ms. Chock, seconded by Ms. Herrera, to add the resolution to the agenda entitled Support of New York State Bill A.1867/S.2247, Establishing the Farmworkers Fair Labor Practices Act, to Grant Farmworkers Collective Bargaining Rights Workers' Compensation, Unemployment Benefits, a Day of Rest and other Labor Protections Provided to Other Workers in New York. Ms. Chock apologized to Mr. Randall for her lengthy comments earlier in the meeting, but wanted to make her comments while the public was in attendance. She explained why it is important to act on the resolution this evening. She said if the New York State Senate had met on schedule they would have taken this up on the agenda on June 1 and it would not be an issue at this time. They may now meet in another three weeks and this Legislature would not have another opportunity to vote before then. Mr. Stevenson said he believes this resolution needs to be considered by a Legislature Committee because of the amount of information that needs to be considered. He said agriculture is a big part of his district and he hasn't had time to discuss this with his constituents. Mr. Proto shared Mr. Stevenson's concerns and said he, too, has not had an opportunity to meet with his constituents. He also suggested a review by the Agricultural and Farmland Protection Board meeting later this month. Ms. Robertson thanked Ms. Chock for the hard work she has done bringing this resolution forward. She said she believes action on this resolution is timely and supports the motion to add to the agenda. Mr. Burbank agreed with Ms. Robertson's comments and expressed disapproval of the current political situation in Albany. Mr. Sigler said he had not had an opportunity to talk to farmers in his district. He said the Farm Bureau has been against this and he would like an opportunity to sit down with them and find out what their opposition is. Ms. Herrera said while she doesn't support the practice of adding items to the agenda, she believes this circumstance is justified and will support the motion. Mr. Koplinka-Loehr said he will support the motion, however, cautioned the Legislature that this is not a precedent he would like to be setting. One of the assets of public bodies is the deliberateness and processing of items going through committee. He said the issue itself deserves a methodical process to be given. A voice vote on the motion to add to the agenda resulted as follows: Ayes — 10, Noes — 4 (Legislators Hattery, Proto, Sigler, and Stevenson), Excused — 1 (Legislator Dennis). MOTION CARRIED. It was MOVED by Mr. Shinagawa, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to add the following resolution(s) to the agenda: 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 215 June 16, 2009 There were no resolutions withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 95 - AUTHORIZING 2009 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANT APPLICATION FOR TOMPKINS CONSOLIDATED AREA TRANSIT, INC. (TCAT), GADABOUT, AND TOMPKINS COUNTY MOVED by Mr. Proto, seconded by Ms. Chock, 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, and WHEREAS, the County of Tompkins is the Designated Recipient by the Governor of New York State for the Federal Transit Administration (FTA) Section 5307 Urban Formula program, with responsibilities to propose FTA -funded projects to the Ithaca -Tompkins Transportation Council (I-TCTC) (after coordinating with public transportation providers) and to select projects from the I-TCTC Transportation Improvement Program for inclusion in FTA grants, and WHEREAS, on May 19, 2009, the County obtained approval from the I-TCTC for the transfer of Federal Highway funding to the FTA Section 5307 Program to purchase seven replacement transit buses for Tompkins Consolidated Area Transit, Inc., (TCAT) and ten replacement paratransit buses for GADABOUT Transportation Services, Inc., (GADABOUT), and WHEREAS, the FTA fund sources for the 2009 Section 5307 Grant are as follows: 2009 Sec 5307 Urban Formula Allocation $1,443,676 Federal Highway STP Flex Transfer PIN 382234 $2,614,400 Total Federal Transit Funds $4,058,076 , and WHEREAS, the County, TCAT and GADABOUT agreed to the projects selected for inclusion in the 2009 grant from the I-TCTC's 2007-2012 Transportation Improvement Program, as amended on May 19, 2009, and WHEREAS, the County desires to submit a request for a grant of funds to FTA, in the amount of $3,928,421, to be used for operating assistance, capital, and planning projects for 2009, and WHEREAS, the County will use the balance of Sec 5307 Formula funds ($129,655) to compensate FTA for the value of five transit buses retired early in 2006 and 2007, as agreed to by FTA, TCAT and the County, and WHEREAS, Tompkins County, as well as the Federal government, place a high priority on reducing greenhouse gas emissions, for which the purchase of hybrid buses is appropriate, and WHEREAS, the County, (FTA grant recipient), will apply on behalf of TCAT, (sub -recipient); GADABOUT, (third party contractor); and the County to receive and use said FTA funds as follows: Project Descriptions Federal NYSDOT TCAT County GADABOUT TOTAL Preventive Maintenance $1,217,176 152,147 152,147 - - $1,521,470 Mobility Management — County 32,640 4,000 - 4,000 - 40,800 216 June 16, 2009 Project Administration - County 48,000 6,000 - 6,000 - 60,000 ADP Hardware & Software 38,065 4,758 4,758 - - 47,581 Security Equipment 8,000 1,000 1,000 - - 10,000 Clean Diesel Conversion 45,740 5,717 5,717 - - 57,175 Short Term Transit Planning 56,000 7,000 7,000 - - 70,000 Support Vehicles (2) 12,800 1,600 1,600 - - 16,000 Replacements for 40 ft Diesel Transit Buses (7) - TCAT 1,960,000 245,000 245,000 - 2,450,000 Replacement Paratransit Buses (10) - GADABOUT 480,000 60,000 - 60,000 600,000 SUBTOTAL CAPITAL & PLANNING PROJECTS $3,898,421 $487,222 $417,222 $10,000 $60,000 4,873,026 Operating Assistance 30,000 3,897,977 6,803,997 - - 10,701,974 TOTAL $3,928,421 $4,385,199 $7,221,219 $10,000 $60,000 $15,575,000 , 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 Federal Transit Administration for the 2009 Section 5307 Grant, in the amounts of $3,928,421 for projects and $129,655 for remittance to Federal Transit Administration, RESOLVED, further, That the grant budget total is $15,575,000 including Federal, New York State, Tompkins Consolidated Area Transit, GADABOUT, and County sources, RESOLVED, further, That before executing any contract the Tompkins County Legislature requests TCAT staff, together with ITCTC and with assistance of congressional offices, to investigate further the possibility of acquiring new hybrid buses, preferably those manufactured in New York State, before submitting this application, 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, Tompkins County and GADABOUT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 96 - FUNDING OF TOURISM PROJECT GRANT 217 June 16, 2009 MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Project using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board, on behalf of 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: Finger Lakes Finns 2009 Finn Funn Weekend $2,000 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. 97 — FUNDING OF TOURISM MARKETING AND ADVERTISING GRANT MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote by members present 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, the Strategic Tourism Planning Board, on behalf of 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: Finger Lakes Finns 2009 Finn Funn Weekend $1,500 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on June 9th and highlighted two items on that agenda. Legislators should have received copies of the 2008 Municipal Youth Services Report and Recreation Partnership. Ms. Zahler and Ms. Johnson provided the Committee with a detailed overview of the number of Tompkins County youth that are covered by these programs. Mr. Proto noted 8,436 youths in the County are taking advantage of a youth program and said this is an unduplicated count. At the meeting the Human Rights Watch report was distributed and Bob Deluca, Mental Health Commissioner, provided an update on the work that is being done in the Jail. The next meeting will be July 14th RESOLUTION NO. 98 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mr. Burbank. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, the Health Department had a Community Health Nurse resign effective April 13, 2009, and 218 June 16, 2009 WHEREAS, the Health Department had a Sr. Account Clerk Typist resign effective May 8, 2009, 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 Budget, Capital and Finance Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 TO: A4016.51000580 A4016.51000529 A4016.58800 SEQR ACTION: TYPE I1-20 Contingent Fund Community Health Nurse Sr. Account Clerk Typist Fringes Report from the Facilities and Infrastructure Committee 8th. $3,909 $ 972 $1,902 $1,035 Mrs. McBean-Clairborne, Chair, did not have a report. The Committee will meet next on June Report and Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported the Committee met last Friday and had a discussion on a number of items reflected in resolutions on the agenda. Mr. Mareane also updated the Committee on the "Dashboard" (Quarterly Indicator Report); this will be distributed to all Legislators and posted on the website. Mr. Shinagawa said there was discussion of assessments and a resolution Nancy Schuler, Common Council member, brought forward regarding not increasing assessments on properties for cases of regular maintenance. Mr. Shinagawa said a change in the Real Property Law would have to take place at the State level; the County cannot grant exemptions unless authorized to do so by the State. RESOLUTION NO. 99 — AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE GREATER TOMPKINS COUNTY HEALTH CARE CONSORTIUM FOR NEW YORK STATE SHARED MUNICIPAL SERVICES PROGRAM MOVED by Mr. Shinagawa, seconded by Mr. Hattery. Ms. Herrera said she would not support this resolution because she believes there will be unintended consequences. She also said that because of the current structure Tompkins County would be assuming the majority of risks. Mr. Stevenson said he will not support this resolution at this time and said he does not believe enough firm answers have been provided to enter into this type of agreement. In particular, he is concerned with the requirement of having 2,000 contracts to comply with Article 47 of the State Insurance Law. He also doesn't think it can be assumed that all of the potential Consortium members will join. Mr. Stevenson said there are bargaining units that have outstanding concerns with this and potential legal challenges. Although he agrees the Consortium has a potential to save money, he has not seen enough evidence to show that it will. Ms. Robertson said a couple of years ago Mr. Whicher, former County Administrator, worked with others to have a group like the Council of Governments take a look at service delivery and ways to save money. Many municipal officials and County officials met for two years to examine areas such as court consolidation, road patrol, highway issues, and health insurance. She said this was looked at holistically, and although there may not be a large savings at the County level, the overall savings at the 219 June 16, 2009 local level will result in an overall savings and less of a burden on the taxpayer. She noted the estimated increase for the County is six percent and it is estimated that the County would see an increase of nine percent without the Consortium. Mr. Shinagawa commended everyone who has worked on this. He spoke of the numerous meetings that have taken place with representatives from municipalities, Cayuga Medical Center, health providers, health advocacy representatives, school districts, and others. He spoke of school district consortiums and stated there is evidence that health insurance consortium's to work. Mr. Shinagawa said he sees a vote against this as a vote against efficiency, common sense, and saving taxpayer dollars. Mr. Proto said he does not have a sufficient amount of information to support this. He said if this is efficient and there will be savings, but all of the municipalities that are eligible to participate do not, their residents would not enjoy the savings that have been outlined. He said he would like to support this resolution but he also needs additional information, including clarification of where the savings are going to be. Mr. Locey, Consultant, said currently the County is now paying over $60 per contract per month to administer the program through Blue Cross/Blue Shied. The City is paying almost $45 per contract per month. The quotes that have been received by the Consortium for the Administrator are around $30 per contract per month for the consortium. This shows an immediate savings on the administrative side. Mr. Locey said he is not expecting a lot of savings on the benefits side because the Consortium will be providing the same level of benefits. He said this is the first Consortium of this type that has been established since Article 47 became law in 1993. He said the State Insurance Department would not meet with the Consortium to go over issues until an application is submitted. An application cannot be submitted until the Consortium is created, which will happen once all parties sign on to the process. He also noted that if after all parties sign on and it doesn't appear later in the year that the desired outcome can be accomplished, everyone would go back to doing what they were doing previously. It was clarified that municipalities are only being asked to "buy into" the concept of coming together as a much larger group, sharing risk, and pooling resources to run a more efficient health plan. He referred to the school consortium in Tompkins County that has operated for over 20 years and said their average increase over the last six years has been six percent. Mr. Sigler spoke of how important health insurance is to people, particularly in difficult economic times. He said he would support tabling this resolution for the purpose of receiving additional information. He asked who would authorize changes to coverage. Mr. Locey said the Consortium could do nothing to violate the collective bargaining unit agreements that are currently in place. Mr. Hattery asked for confirmation that if the Consortium comes into existence, the employees will continue to negotiate what their benefit package will look like with their municipalities and not the Consortium. Mr. Stevenson said he disagrees with Mr. Shinagawa that a vote against this is a vote to not save money. He said he believes there are legitimate legal concerns that need to be addressed. Specifically, he asked what would happen if the Consortium were established but later fell apart. He asked if Tompkins County has any collective bargaining units that provide for health insurance, and if there were, whether that would make this a subject of collective bargaining. Mr. Locey said the agreement spells out clearly what the process would be for dissolution of the Consortium. He also noted municipalities would have the option to withdraw annually. Ms. Herrera disagreed with Mr. Shinagawa's statement that a vote against this would be a vote to waste money. She also said that while this could result in an overall savings, there has been a lack of transparency in the process to date. 220 June 16, 2009 Mr. Proto asked which towns have agreed to join. Mr. Locey said there are approximately five municipalities that have joined at this time. Mr. Sigler asked how Tompkins County ended up with its current insurer and if that went out to bid. Secondly, he asked which collective bargaining agreement will take precedence, assuming all agreement would be the same under one program. Mr. Mareane spoke of the process and said it has been a very good and transparent process with all information posted on the website. Mr. Mareane spoke of some of the questions he has had and the answers to them: • Will this cost the County more? He said the answer is that it will cost the County less and it will cost others much less. • Do we exchange risk for cost (if costs are going down are risks going up)? The County's risks do not increase. • Will there be a reduction in benefits? No; care has been taken to make sure there is no reduction of benefits. • Will the County and unions still have the ability to negotiate who pays what price for benefit packages. Both will retain right to negotiate. Mr. Koplinka-Loehr said every single benefit of every town, village, City, and County has been cost out and will be available. Mr. Squires said the County has had a unique plan that has been renewed every year and it to the County's advantage because it was a form of insurance that protected the County against catastrophic losses without recoupment. He said it is the only plan of its type that Excellus offers and over the last few years the County was trying to negotiate and incentive to change the plan but has not happened. He said there is a very expensive administrative cost associated with the product the County currently has. Mr. Squires said this hasn't been put out to bid because the County receives a refund on any overpayment of premiums. He also said once the County leaves this program it cannot get it back. It was MOVED by Mr. Proto, seconded by Mr. Sigler, to postpone action on this resolution to the July 2 Legislature meeting for the purpose of gathering additional information. Mr. Shinagawa apologized for his earlier comment and clarified that his intent was to state that savings could be lost if this resolution is not supported. He spoke against the motion to postpone, stating many towns and villages are waiting to see the direction the County goes. He believes most answers have already been provided and once adopted, the Consortium can begin working with the State Insurance Department. A voice vote on the motion to postpone resulted as follows: Ayes — 4 (Legislators Herrera, Koplinka-Loehr, Proto, and Sigler); Noes — 10; Excused — 1 (Legislator Dennis). MOTION FAILED. A roll call vote on the resolution resulted as follows: Ayes — 12 (Legislators Burbank, Chock, Hattery, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, Shinagawa, and Sigler); Noes — 2 (Legislator Herrera and Stevenson); Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all the municipalities in Tompkins County, and WHEREAS, Tompkins County is a member of the Tompkins County Council of Governments (TCCOG), and 221 June 16, 2009 WHEREAS, health care costs for Tompkins County and other local governments have been increasing each year at rates much higher than inflation, which can be addressed by pooling our buying power, WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant award under the New York State Shared Municipal Services Program to assist the municipalities in Tompkins County to create a local municipal health care consortium, and WHEREAS, the Health Care Consortium is developing health benefits coverage for all participating municipalities with the intent of providing a net savings to the taxpayers of Tompkins County, a goal the Tompkins County Legislature supports, and WHEREAS, TCCOG encourages the signature of an inter -municipal agreement by TCCOG members, and WHEREAS, the information as well as the opportunity for clarification was presented to the Government Performance and Workforce Relations Committee on February 13, 2009, and the Tompkins County Legislature on May 5, 2009, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That by the Tompkins County Legislature, the Chief Elected Official is hereby authorized to execute an inter -municipal agreement effective January 1, 2010, with the Greater Tompkins County Health Care Consortium for the New York State Shared Municipal Services Program. SEQR ACTION: TYPE II -20 Recess Mr. Koplinka-Loehr declared recess at 8:05 p.m. The meeting reconvened at 8:10 p.m. RESOLUTION NO. 100 - AWARD OF CONTRACT — TELECOMMUNICATIONS SERVICES MOVED by Mr. Shinagawa, seconded by Mr. Proto. Mr. Potter explained this is a time -sensitive matter because existing contracts for the County's Internet provider expires on July 31' and telecommunications in mid-August. He said a lot of planning is taking place with regard to the 55 Brown Road project and there are a lot of details that need to be worked out in advance and as part of the contract negotiations resulting from this RFP (Request for Proposals) process. Existing services for all of the four components of the RFP are estimated to be $69,000; this excludes the per minute usage fees. The proposal that we are pursuing with the vendor would amount to an annual cost of $74,364. In addition, there are some one-time installation fees in the amount of $4,000. Ms. Kiefer said Tompkins County has had Internet service provided by Clarity Connect, a local provider, and they have served the County very well. She said she does not like to see the County lose a local vendor and so she contacted Mr. Potter about splitting this between two vendors. She said she understands the difference would result in an additional cost of $5,000 over a three-year contract period. She said because this penalty is so small, she would support staying with Clarity Connect. A voice vote on the resolution resulted as follows: Ayes — 12; Noes — 2 (Legislators Chock and Kiefer); Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, existing Tompkins County telecommunication contracts that define the terms for Internet access, telephone voice line access, local and long distance per minute usage rates, and data circuits for County facility Wide Area Network connectivity are scheduled to expire on July 31, 2009 (Clarity Connect), and August 16, 2009 (Paetec), and WHEREAS, the Tompkins County Information Technology Services Department has distributed a Request for Proposals in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, three (3) proposals were received, reviewed, and evaluated by the Information Technology Services Department based on criteria documented in Section 3 of the Request for Proposals, Telecommunications Services Project, dated May 29, 2009, and 222 June 16, 2009 WHEREAS, the Information Technology Services Department recommended that various levels of telecommunications services be awarded to Finger Lakes Technology Group, Inc., now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the County Administrator, or his designee, be authorized to execute a contract for the services with Finger Lakes Technology Group, Inc., of Victor, New York, for an annual amount not to exceed $90,000 for Internet access, telephone voice line access, Wide Area Network data connectivity for County facilities; and additional costs necessary for the monthly payment of per minute usage rates for local and long distance telephone service, RESOLVED, further, That the County Administrator, or his designee, is hereby authorized to execute future change orders totaling up to ten percent (10%) of the contract amounts during the terms of the agreement, RESOLVED, further, That the Information Technology Services Department be authorized to implement services defined by the terms of these contracts on behalf of the County, RESOLVED, further, That the Information Technology Services Department be authorized to distribute the costs directly associated with services provided by this contract based on established practices, or those determined by the County Administrator, to County Departments with funds being available within the annual departmental operational budgets. SEQR ACTION: TYPE II -20 RESOLUTION NO. 101 - REQUESTING THE NEW YORK STATE LEGISLATURE TO DESIGNATE STATE ROUTE 38 AS THE NEW YORK STATE VIETNAM VETERANS' MEMORIAL HIGHWAY MOVED by Mr. Shinagawa, seconded by Mr. Proto. Mr. Proto questioned why a Whereas was removed from the resolution that referenced a particular individual. It was stated that the individual referenced was not a Tompkins County resident. Mr. Burbank said he did research on the individual, Robert Stryker, and said by all conventional military terms he was an extraordinarily brave person who gave his life to protect his fellow soldiers. Mr. Burbank said his conflict with this resolution has to do with naming highways and remembering a war in term of what society believes about that war and future wars. He remembered Peter Demotte who the community recently lost. Mr. Demotte spent six years in the military and when he returned, devoted his life to peaceful efforts. Mr. Sigler asked that the original Whereas be added back in; this was agreed to as friendly. Mr. Proto said this resolution is not an effort to honor the Vietnam War but to honor the individuals who were in it. Mrs. McBean-Clairborne said she cannot support the resolution because of the specific reference to one individual because she believes there are many others who could be included. Ms. Herrera said in the spirit of inclusion she would like the resolution to not include the Whereas. She said the resolution without a name allows all of the heroes to be included. In the spirit of the discussion it was agreed to as friendly to remove the Whereas. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, over eight million men and women bravely served our country during the Vietnam War era, over 400,000 of these coming from New York State, and 223 June 16, 2009 WHEREAS, New York State Route 38 bisects the state, beginning in Sterling, New York, running through the Northeastern portion of Tompkins County, South to the Village of Owego, New York, and RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Tompkins County Legislature hereby requests the State of New York designate State Route 38 as the New York State Vietnam Veterans' Memorial Highway, RESOLVED, further, That certified copies of this resolution be forwarded to the New York State Association of Counties, Governor David Paterson, Senators James L. Seward, Michael Nozzolio, George Winner and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE II -20 RESOLUTION NO. 102 — AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTIES REDEEMED BEFORE COUNTY AUCTION MOVED by Mr. Shinagawa, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County works with property owners to allow them to redeem their homes prior to auction, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2009 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest, and fees as follows: Town of Caroline 25-1-8.2 Beverley E. Barnes City of Ithaca 63-10-1 Michael A. St. Denis Village of Dryden 16-2-4.2 Empress Development Corporation Town of Dryden 42-1-39.4 David T. Williams Town of Dryden 31-1-16.23 Richard R. and Sandy Lundy Town of Newfield 24-1-3.2 Mazourek Farms, Inc Town of Enfield 16-1-18 Beatrice Bald SEQR ACTION: TYPE II -20 RESOLUTION NO. 103 — AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Shinagawa, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. Mr. Proto asked if any of the properties being sold or passed on are subject to any easements. Mr. Shinagawa said they are not and were all redeemed. Mr. Proto asked that in the future a phrase be added to these resolutions that identifies that there are or are not any easements. WHEREAS, by tax foreclosure proceedings, the County acquired four parcels in the County, and WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on June 9, 2009, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE I1-20 224 June 16, 2009 Report and Presentation of Resolution(s) and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met last week and was presented with the Planning Department's Annual Report. RESOLUTION NO. 104 — AWARD OF TOURISM CAPITAL GRANTS (AMENDED BY RES. NO. 141 OF 2009) MOVED by Ms. Mackesey, seconded by Mr. Proto. Ms. Herrera asked for an explanation of the Ithaca Motion Picture Feasibility grant. Ms. Mackesey explained a building at Stewart Park is where motion pictures were made in the early 1900's. It has been a storage facility for the City of Ithaca for a number of years. A group is now working to restore this building and have been working to recreate the space so that it will have some historical and possible tourism interest and this is the first step in that process. Ms. Herrera said she will support this because it's a small request but will need much more information before committing any further money to the project. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Dennis). 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 Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant awards have been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to these projects: Entity Project 2009 2010 2011 2012 2013 Hangar Theatre A Hangar for All Seasons Renovation $25,000 $25,000 $25,000 $25,000 Ithaca Motion Picture Feasibility/Business Plan $5,000 Kitchen Theatre Bold New Space Renovation $25,000 $25,000 $25,000 $25,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 105 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITCTC STAFF DIRECTOR'S SALARY MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. 225 June 16, 2009 WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca - Tompkins County Transportation Council (ITCTC) on September 30, 1992 agreeing that ".....staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by the Council [with] staffing plan, staff qualifications and salary schedule established by the Council", and WHEREAS, Board Resolution No. 99 of 1993, "Clarification of Employment Status — Position of Ithaca -Tompkins County Transportation Council Planning Director", stated the following: "...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives", and WHEREAS, on March 14, 2000, the Director's salary was modified by ITCTC resolution 00-1 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 Affirming Ithaca -Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC Planning Director's salary above the salary range, and WHEREAS, on May 19, 2009, the ITCTC passed Resolution 09-04 to adjust the salary of the Staff Director, retroactive to January 1, 2009, based on the Tompkins County proposed 2009 adjustments for management employees of 2.25 percent, and WHEREAS, in keeping with the County's requirement that salaries established above the salary range be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature affirm the 2.25 percent increase of the salary for the Ithaca - Tompkins County Transportation Council Planning Director to a total of $ 77,620, effective retroactively to January 1, 2009, as approved by the Ithaca -Tompkins County Transportation Council. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 106 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 107 OF 2009: AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS MOVED by Ms. Mackesey, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 107 of 2009, 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 Environmental Assessment Forms, with respect to each of the projects action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 107 of 2009 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 107 of 2009. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) 226 June 16, 2009 RESOLUTION NO. 107 — AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS MOVED by Ms. Mackesey, seconded by Mr. Proto. Mr. Proto said he voted against this in Committee but intends to support it this evening. He said there is three projects involved and two of those raised questions with him about who they are being done for. He said one was a minor project across from the Ithaca High School, which he would like to see more help given to by the City. He said the project in Freeville that is through the Cornell experimental park causes him concern. A number of projects were reviewed by the technical committee that never made it to this list and he is unsure whether the Freeville project was reviewed by the technical committee. He referred to a plan produced by Kate Hackett of the Planning Department and also said there may be other projects that might have risen higher on the review list. Mr. Randall said he had some of the same concerns Mr. Proto spoke of. He said there are some concerns in McLean and requested a list of the projects that were submitted. Ms. Robertson said the Planning Department would be bringing a report of the three-year plan to the Legislature in the near future. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. 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 2009, and WHEREAS, the Technical Committee for the Flood Hazard Mitigation Program has identified several projects to be funded through the Flood Hazard Mitigation Program, and WHEREAS, the Tompkins County Soil and Water Conservation District is prepared to undertake the projects identified by the Technical Committee, 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 Environmental Assessment Forms with respect to each of 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) Individual Member -Filed Resolution RESOLUTION NO. 108 SUPPORT OF NEW YORK STATE BILL A.1867/S.2247, ESTABLISHING THE FARMWORKERS FAIR LABOR PRACTICES ACT, TO GRANT FARMWORKERS COLLECTIVE BARGAINING RIGHTS, WORKERS' COMPENSATION, UNEMPLOYMENT BENEFITS, A DAY OF REST, AND OTHER LABOR PROTECTIONS PROVIDED TO OTHER WORKERS IN NEW YORK 227 June 16, 2009 MOVED by Ms. Chock, seconded by Ms. Robertson. Ms. Chock said the more she learns about this issue the more appalled she is at the history so rooted in slavery. The Deal — the Federal Labor Standards Act that was worked out during the 1930's — addressed protections in hours and working conditions but those who were black, who were farmworkers or domestic workers, were excluded because it shouldn't matter as much to them. She referred to quotes that explained the basis for excluding those workers and said she is appalled at the conditions that continue to exist in New York State today. She said this Act is designed to provide basic rights, including one day off a week to be determined by the farmowner according to weather or crop conditions, public health standards that everyone else adheres to, and Worker's Compensation that everyone else is entitled to. She noted that family farms are exempted from this and said this is an important industry in Tompkins County. Mr. Randall said this legislation is long overdue. He spoke of his personal experience as a youth working on a farm and said farms are dangerous places for kids to work. Mr. Stevenson said although he supports many of the aspects of this resolution he has not had the opportunity to discuss this with his constituents. He said he does not disagree with the content of the resolution, but the timing and process. Mr. Sigler said he sees farming being like any other job and workers deserve to have adequate working conditions. However, he said farm work is unlike any other job, and he does not believe enough thought has done into this resolution and there are many questions that still need to be answered. He would also like to see more input from farmers in both the Senate and Assembly bills. Mr. Proto spoke of his personal experience working on various types of farms. He agrees with Mr. Sigler and said there are a lot of provisions that should be addressed; he would also like an opportunity to run this by the Agricultural and Farmland Protection Board. Mrs. McBean-Clairborne said all employees should have the right to strike and employers should be providing adequate work environments. She fully supports this resolution and said basic rights should not be denied. Mr. Hattery said there are some things in the resolution that he doesn't believe any worker should be denied; however, the legislation outlines a tremendous list of rights and benefits that he believes needs further discussion and review before he can support the resolution. Ms. Herrera spoke in support of the resolution and said she can understand why small farms may be concerned about this because the legislation is fairly extensive. However, it is clear that many of the concerns for the small farmer have already been addressed. Ms. Herrera said she supports moving this to the State level so that problems can be discussed and addressed. It was MOVED by Mr. Proto, seconded by Mr. Sigler, to Postpone the resolution to the July 7 Legislature meeting until a response is received from the Agricultural and Farmland Protection Board. Ms. Kiefer said she often supports waiting for advisement from an advisory board, however, this legislation has been around for years and if that Board hasn't been interested up to this point she would support this moving forward. A voice vote on the motion to Postpone resulted as follows: Ayes — 5 (Legislators Hattery, Koplinka-Loehr, Proto, Sigler, and Stevenson); Noes — 9; Excused — 1 (Legislator Dennis). MOTION TO POSTPONE FAILED. 228 June 16, 2009 A voice vote on the resolution resulted as follows: Ayes — 10, Noes — 4 (Legislators Hattery, Koplinka-Loehr, Proto, and Stevenson), Excused — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, Agriculture is a vital economic activity in New York State requiring active participation by both farm owners and by workers, and WHEREAS, A.1867/S.2247, the Farmworkers Fair Labor Practices Act, contains provisions to address needs of both farmworkers and small farm owners, and WHEREAS, there are farmworkers in almost every county in New York who perform essential services for New York's $5 billion agricultural industry, and WHEREAS, the work of farmworkers is labor intensive involving arduous tasks, exposure to pesticides, and long hours during which they can suffer injuries and illnesses in the course of their employment, and WHEREAS, the New York State Constitution recognizes the need to treat human beings with dignity and affords labor protections to many other employees in the state but has legislative exclusions that deny farmworkers the right to such basic fair labor practices as the right to collective bargaining, a day of rest, overtime pay, disability, sanitary conditions, and unemployment insurance, and WHEREAS, Article 1, Section 17 of the New York State Constitution states, "...Employees shall have the right to organize and to bargain collectively through representatives of their own choosing," and WHEREAS, this act will: • provide farmworkers with the right to collective bargaining, which is a basic right that has long existed for many other public and private employees in New York, • allow farm workers the choice to take one day of rest each week, • include farm laborers within provisions pertaining to overtime compensation, • apply the same unemployment insurance payroll threshold to agricultural businesses that applies to other businesses, • make farmworkers eligible for workers' compensation benefits and provide claim forms to those injured in the course of employment, • expand the application of the sanitary code to farms occupied by migrant labor, and WHEREAS, this act takes into consideration the needs of farm owners by measures such as allowing owners to determine the permitted day off per week according to weather or considerations of agricultural timing, and WHEREAS, this act makes provision to exempt small farms by measures such as excluding labor by family members, and WHEREAS, this act will help to close loopholes that have allowed larger operations to undersell small farmers and farms that already treat their employees well, and WHEREAS, A.1867 has again passed in the New York State Assembly and S.2247 is pending in the New York State Senate with bi-partisan support, now therefore be it RESOLVED, That the Tompkins County Legislature urges passage of S.2247, the Farmworker Fair Labor Practices Act, which will ensure that farmworkers are provided the rights, protections, and benefits afforded to other workers throughout New York State, RESOLVED, further, That the Tompkins County Legislature asks the Clerk of the Legislature to distribute this resolution to appropriate State Officials. SEQR ACTION: TYPE II -20 Report from the Budget and Finance Committee Mr. Hattery, Vice Chair, had no report. The next meeting will be June 221'd. Report from the Public Safety Committee Ms. Robertson, Chair, reported the Committee met yesterday at the Community Justice Center. The Committee passed a resolution asking the State to ban text -messaging Statewide. The Committee 229 June 16, 2009 also approved in concept the agreement and bylaws for the LETS (Law Enforcement Technology Shared Services) group, and received an overview of drug court programs at the Community Justice Center. Ms. Robertson said the Committee heard from a participant in the drug court who credited the program for turning his life around. The Committee discussed the 2003 alternatives -to -incarceration evaluation that was done by Kathy Schlather and decided to ask that the report be updated with current information. A subcommittee will be created to determine how this work will be done. The next meeting will be July 20th at 2:30 p.m. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, had no report. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee met yesterday and received a list of anonymous comments and suggestions from department heads. There was also discussion of the advisory board appointment policy. Approval of Minutes of May 19 and June 2, 2009 It was MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of May 19 and June 2, 2009. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 9:14 p.m. 230 June 22, 2009 Special Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 9:15 a.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: 9 Legislators (Legislator McBean-Clairborne arrived at 9:31 a.m.). Excused: 6 (Legislators Hattery, Herrera, Randall, Shinagawa, Sigler, and Stevenson). Presentation of Resolution RESOLUTION NO. 109 - ENDORSEMENT OF LEGISLATIVE BILLS S05882B AND A08923B AUTHORIZING AN ADDITIONAL SURCHARGE ON TELEPHONE ACCESS LINES MOVED by Ms. Robertson, seconded by Mr. Dennis. Mr. Mareane explained the circumstances for this resolution being brought forward at the last minute. A memorializing resolution was passed back in March asking the State to give this County the authority to consider an increase in the landline surcharge from $.35 to $1.00. The State Legislature very recently responded to that request and proposed legislation that would grant the County that authority. The County Legislature is now being asked to review the proposed bills and, if in agreement, to approve a resolution endorsing them. This legislation also requires home rule request forms to be completed and filed with both the Assembly and Senate prior to their action. The State Legislature is scheduled to adjourn tomorrow and therefore the need to have this special meeting became necessary. The changes in the most recent bills presented at this meeting include language to make it clearer and adding a ten-year sunset. The legislation is modeled on the same as Onondaga County's legislation. Following further discussion, it was MOVED by Ms. Chock, seconded by Mr. Burbank, to amend the resolution and add the following paragraphs: "WHEREAS, buildings, siting, and maintenance of the towers that hold the County Emergency Communication System can also provide a suitable platform to mount equipment to deliver wireless broadband computer access to all residents of Tompkins County, now therefore be it "RESOLVED, further, That Tompkins County will undertake serious and complete analysis of the potential to use the infrastructure platform provided by the enhanced emergency communication system, and the existing towers, to provide broadband access to all county residents, including investigation of equipment needs, costs, available Federal and State funding and possible private/municipal and/or non-profit partners." Mr. Dennis agreed that Ms. Chock's proposal is a good idea but that it should be handled through a committee. He believes the two issues (broadband access and the surcharge on landline phones) should be dealt with separately. Ms. Kiefer agreed with Mr. Dennis' comments. With respect to the ten-year sunset clause, she said the proposed Senate bill does not match the Assembly bill and that the Senate bill also does not reference the ten-year sunset and she believes the County should consider the Senate version. Mr. Proto said he also agrees with Mr. Dennis and does not support the amendment. He commented that there is some movement with the universal fund to amend the Federal legislation. 231 June 22, 2009 Mr. Shurtleff addressed some of the questions raised and said that he had a conversation with Assemblywoman Lifton last Friday. The proposed legislation is the same as Onondaga County's because their legislation was passed last year and vetoed by the Governor. The legislation has been reformatted to address some of the concerns raised by the Governor and it was recommended that Tompkins County's legislation be the same. In response to Mr. Burbank's question about the Governor's concern, Mr. Shurtleff believes it was related to the sunset clause. Mrs. McBean-Clairborne arrived at this time. Ms. Chock said she would be content to either withdraw her amendment or refer it to Committee if there is a commitment that the County will pursue this. Mr. Koplinka-Loehr and Ms. Robertson said the issue will be discussed at a Public Safety Committee meeting. Ms. Chock agreed to withdraw her motion. MOTION WITHDRAWN. Mr. Shurtleff also commented that he is working on the broadband issue with the appropriate State Office of Technology. Mr. Mareane spoke about Ms. Kiefer's point with regard to the two bills being different and said there is a Senate companion bill that is identical to the Assembly bill and is number 5882B. The issue is that it has not yet been entered into their computer system. Mr. Mareane in response to a question from Mr. Proto said if the Legislature approved the maximum dollar amount rate of $1.00, the revenue generated would be approximately $250,000 per year based on 35,700 landlines. There are no entities exempt from this. It maximizes at 75 lines per location. Ms. Robertson expressed her dissatisfaction with the process followed including having two different versions of the bills and asked which of our three State Senators should have been responsible for bringing the County's request forward at the State level. A voice vote on the resolution resulted as follows: Ayes — 8 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, McBean-Clairborne, Robertson, and Koplinka-Loehr); Noes — 1 (Legislator Proto); Excused — 6 (Legislators Hattery, Herrera, Randall, Shinagawa, Sigler, and Stevenson). RESOLUTION ADOPTED. WHEREAS, Resolution No. 55 of 2009 requested the New York State Legislature to introduce legislation authorizing Tompkins County to increase its access line surcharge to pay the cost of maintaining and operating the County Emergency Communications System, and WHEREAS, the New York State Legislature introduced S05882B and A08293B "AN ACT to amend the County law in relation to communication service surcharges applied to Tompkins County and providing for the repeal of such provision upon expiration thereof," now therefore be it RESOLVED, That the Tompkins County Legislature endorses and requests State approval of legislation known as S05882B and A08923B authorizing the County to adopt a local law increasing the surcharge in addition to the surcharge established in the County Law, in an amount not to exceed sixty- five cents per access line per month on customers of every service supplier within the County to pay for enhanced emergency telephone systems in the County of Tompkins SEQR ACTION: TYPE II -20 Ms. Kiefer was excused at this time. Adjournment It was MOVED by Mr. Dennis, seconded by Mr. Proto, to adjourn the meeting at 9:40 a.m. A voice vote resulted as follows: Ayes — 5 (Legislators Dennis, Koplinka-Loehr, Mackesey, McBean- Clairborne, and Proto); Noes — 3 (Legislators Burbank, Chock, and Robertson); Excused — 7 (Legislators Hattery, Herrera, Kiefer, Randall, Shinagawa, Sigler, and Stevenson). MOTION FAILED. 232 June 22, 2009 Ms. Robertson stated for the record that she would like to know why this happened as this is not typical. Mr. Koplinka-Loehr said there is typically a lag between actions to memorialize and when bill numbers are received. Normally there is a one to two month time period to consider State legislation. Mr. Shurtleff spoke of his own experiences with State legislation and does believe this is normal during the last two weeks of session for State Legislators. It was MOVED by Mr. Proto, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to adjourn the meeting at 9:45 a.m. MEETING ADJOURNED. 233 July 7, 2009 Regular Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:30 p.m. Pledge of the Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators (Mrs. McBean-Clairborne arrived at 5:37 p.m.). Excused: 2 (Legislators Randall and Stevenson). Privilege of the Floor by the Public Dr. William Tyler, Dryden resident and practicing physician for twenty-four years, favors single - payer health insurance, stating the current system is broken and irreparable. He noted medical insurance is something one cannot be without unlike insurance for homes or automobiles. He feels the cost is increasing exponentially and there is no evidence the competitive mode has assisted in controlling costs. He strongly feels the Federal government should be a national health insurance carrier. Mike Lane, Dryden resident, agreed with Dr. Tyler's comments. He then spoke of the present situation within the New York State Senate, noting the gridlock is hurting Tompkins and other counties due to the delay of legislation to financially assist counties, including sales tax extensions. He recommended the County invite all three State Senators (Seward, Winner, and Nozzolio) to a meeting and have them explain what is causing the gridlock. He noted if they do not put aside differences and take action it would have repercussions. Mrs. McBean-Clairborne arrived at this time. Bernie Fetterly, Tompkins County Health Care Task Force and Single -Payer New York member, spoke in favor of single -payer health insurance. He stated the public option should be equal to the benefits provided Congress members and at a lower cost, while leaving the option to business owners to maintain their present coverage if desired. Mr. Fetterly does not think private insurance is beneficial as it splits the risk pool without benefit. Pat Long, Ithaca resident, spoke in support of single -payer health insurance and provided a variety of examples of how it would assist individuals she was acquainted with who suffered due to a lack of or inadequate health insurance coverage. Ms. Long expressed concern that hard working individuals are not receiving the coverage they need and stressed the need for change to provide affordable insurance for everyone. Rebecca Elgie, Tompkins County Health Care Task Force and Single -Payer New York member, spoke in favor of single -payer health insurance. She has worked at organizing awareness regarding this issue and said now is the time to provide appropriate legislation to make the health care system work. Ms. Elgie shared an associate's personal experience, noting she works three jobs and does not have adequate medical coverage that could be provided through single -payer health coverage. She shared information on meetings held regarding this issue, and said a group of concerned individuals would be taking a bus to Washington on July 30`h to call attention to the issue. Ms. Elgie offered to take a copy of the resolution with them. Tom MacDonald, Ellis Hollow Road, spoke in favor of single -payer health insurance. He shared information regarding his experiences in England, particularly regarding the ability to choose physicians. He noted that when in Germany and required a specialist, it was easily transferable; it would be good for 234 July 7, 2009 the United States to have reciprocal arrangements with Canada and Mexico as well. He said in this country, while under Medicaid and Medicare programs, he has had to request tests be done and believes better service would be provided under single -payer healthcare. Beverly Livesay, Town of Ithaca, spoke in support of single -payer health insurance. She agrees with Mr. Lane regarding the current situation within the State Senate, noting it is time to resolve the issues. With regard to single -payer health insurance she said it is not a partisan issue, although it is being treated as such in Washington. It is a crisis of the same proportion as Katrina but with victims throughout the United States. She stated citizens are currently paying for health insurance in various manners; whether directly or through taxes or purchases made that support retailers. Single payer will cut out high profits and therefore cost less. Report from a Municipal Official Eric Rosario, Common Council member, reported the City of Ithaca will be making a decision by Fall of whether to build a new water system or join the Bolton Point Commission. A design consultant has been hired to evaluate and recommend repairs to the infrastructure and utilities on The Commons and will be having public input meetings during the process, including one at the Borg Warner conference room of the Tompkins County Public Library on July 8th at 5:45 p.m. Other comments regarding The Commons may be forwarded by e-mail to the City Planning Department. A possible regulation regarding outdoor smoking is being considered and it is hoped to have a draft ordinance developed within the next two months. The focus would be on areas of high -concentration of children as well as outdoor dining. He said the only peer -review publication regarding effects and exposure to outdoor smoking used in the process is a Stanford study. He noted The Ithaca Journal report regarding the City's budget situation was very well written; if there continues to be a decrease in sales tax revenue it will result in a shortfall of approximately $850,000 at the end of the year. In response to a question from Ms. Chock, it was noted the City's Department of Public Works meetings are not televised. Privilege of the Floor by the Public — continued Briggs Seekins, Village of Freeville, spoke in support of the resolution concerning single -payer insurance. He said the statement that health care is in crisis is accurate, noting 18,000 die each year due to a lack of insurance. In addition, thousands more die as a result of having reached the cap limit or due to a failure to disclose information resulting in denied claims. He does not agree with statements that the free-market system is beneficial, stating individual's premiums are paid to companies, however, the companies make their profit by denying services. Stephanie Dvorak, Ithaca resident, spoke of her involvement with the Industrial and Labor Relations School at Cornell University. She said health insurance is one of the first benefits to be reduced or removed during difficult economic times and that the European system appears to work well. Ms. Dvorak shared her experience in seeking health care for her daughter, noting her primary care physician will no longer accept Medicaid, leaving her to decide whether to take her daughter to the specialist. In addition, when she had to be in another area of the country she was not able to receive coverage, leaving her with a $6,000 hospital bill for the brief period she was medically treated, without being able to stay as long as needed for her problem. She stressed it is vital to have the infrastructure of health care in the country. Stephanie Agurkis, a resident of Freeville, nursing student, and personal trainer for health and fitness, spoke of having an autoimmune disease and how it consumes her life. It is difficult to find appropriate health care; although on Prednisone, she cannot afford the chemotherapy or regular testing needed for her condition. She requested support for the single -payer approach resolution. 235 July 7, 2009 Elizabeth Salon, member of New York State Association of Nurse Practitioners, spoke of the need to have single -payer health insurance, noting it would assist "independent contractors" who presently cannot afford to pay for health coverage. She shared information regarding her daughter's experiences in the United Kingdom and encouraged support of the resolution. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, thanked the members of the public in attendance for providing their viewpoints regarding single -payer health insurance and provided the telephone numbers of Senators Gillibrand and Schumer for anyone desiring to contact their offices. Three Senate committees are dealing with this issue, with basic decisions being made at this time. She said when a Senator is not certain of their stance it is the time to speak to them to make them understand your point of view. Mr. Burbank, District No. 12 Legislator, thanked the public for speaking to the topic of health insurance, noting the problem affects millions of people daily. He said although there are two resolutions regarding this topic they are not incompatible, both convey the importance of single -payer heath insurance, with his referencing a House bill. He thought that perhaps Ms. Kiefer's resolution should be considered as it conveys the message of single -payer health insurance. He reinforced the fact now is the time to speak out on whatever level and said he waited over twenty minutes to be able to leave a comment on his Federal representatives telephone. Mr. Burbank said $140 million is spent daily to fight against health care reform; hopefully citizens can be a counterweight to this fight. Ms. Chock, District No. 3 Legislator, thanked everyone for speaking to the issue of health care reform. She does not know how she could be functional without good health care insurance and thinks it is unconscionable that in the United States health care coverage is not affordable to all citizens. Ms. Chock thanked all public safety officers involved in this year's fireworks display, safety, and traffic control. She said it isn't easy to control traffic and keep people safe and they did a wonderful job. Ms. Kiefer, District No. 10 Legislator, also expressed appreciation for the public input on the topic of health care. She expressed her admiration of Ms. Elgie for the work done regarding health care reform and noted the individual experiences shared were moving. Ms. Kiefer said when President Obama spoke earlier in his career stating there must be single -payer health care she was happy, however, he now seems to have forgotten his comments. She hopes people will join together and send a message to their Washington representatives. Mrs. McBean-Clairborne, District No 2 Legislator, said that regardless of personal opinions, the world lost a great man in Michael Jackson. She said research on what he spent to give to people and places in need speaks for itself. With regard to the single -payer health care resolution she said it was moving to hear the testimonies and thanked the public for sharing their experiences. Mrs. McBean- Clairborne knows what it is like not to have adequate health care coverage and although she has often heard that Washington should make their own decisions she believes this is an appropriate time to weigh in on the topic. She spoke of the MLK Community Build effort, stating she had the opportunity to read from the book Chaos into Community. It spoke of America being the richest country, but having some of the poorest people for failing to pay livable wage and failing to provide adequate health care and food. She would like to encourage momentum to provide health care for everyone and encourages support of the resolution. Mr. Proto, District No. 7 Legislator, also thanked members of the public for speaking. He expressed disappointment that as the Chairman of the Health and Human Services Committee, the resolution was not brought through the committee structure to allow a full discussion and whether the resolution should have come forward due to its Federal consideration. Mr. Proto complimented Congressman Arcuri for voting against the energy bill at the Federal level; if it passes the electric rates in 236 July 7, 2009 upstate New York will be devastating. He announced there would be an open house at the Slaterville Fire Department on September 18th. Mr. Dennis, District No. 15 Legislator, spoke about the passage of a resolution adopted at the last meeting regarding farm workers and he had received calls expressing disappointment that he had supported the resolution. He clarified he was not present at that meeting and would not have supported the resolution. Some of his constituents have contacted him and shared some of their stories. A Schuyler County dairy farmer shared information they receive the same price for milk as they did in the mid - 1970's. Mr. Dennis is concerned that people working on farms in New York State are for the most part undocumented and could not join a union without becoming a citizen. He believes that fact in itself would put people out of work. When reviewing the legislation it appeared no one spoke of the people it would most affect. Ms. Herrera, District No. 5 Legislator, said what is intriguing and problematic about the dairy industry is the manner the prices are set makes it impossible to make a living, and the costs ultimately get pushed down to the workers. In addition, she said the dairy and agriculture fields rely on undocumented workers. It is not just a health care or labor issue, but citizens of our country live a better life due to these individuals work. She believes that the Fair Pay Act is a possible route to allow workers to receive a rate of pay that would allow them to become members of unions, which is why she supported the resolution. Chair's Report Mr. Koplinka-Loehr announced a special Tompkins Consolidated Area Transit (TCAT) budget presentation will be held on July 22i1 with the City of Ithaca and asked Legislators to indicate if they would be attending. Mr. Proto said one reason for the meeting on that date is to accommodate the Mayor who had personal obligations at other times. Mr. Koplinka-Loehr said the draft Expanded Budget Committee would be scheduling approximately ten meetings during the months of September and October and asked that members provide information on their availability to Mr. Dennis or to Cathy Covert. Mr. Koplinka-Loehr congratulated the Tompkins County Public Library on having their four - millionth visitor; it shows how much service they give to our community. Report from the County Administrator Mr. Mareane thanked Legislators and Department Heads for their input at the quarterly retreat. He said the goal was to determine the best manner to inform and communicate information to assist with making good decisions during this difficult budget year. He anticipates completing the review of the discussions and will have notes completed and distributed. Mr. Mareane referred to a letter he sent that expressed concern regarding the stalemate within the State Senate and the legislation regarding the sales tax extension being delayed. He said the delay would result in a loss of revenue in the amount of $2.4 million in 2009 and $9 9 million in 2010, not taking into account the loss to the City of Ithaca and other municipalities within the County. The second item in the letter was the request by the County to consider a surcharge to assist in paying for the County radio communication system, which is also delayed. Mr. Mareane attended a meeting with other County Administrators on June 26th, all expressing similar concerns regarding budgeting. The County Administrators toured a quick -chill food preparation facility operated by the New York State Department of Corrections in Rome. Legislation was provided this year that would allow the facility to provide food service to outside organizations such as Meals on Wheels and food banks. The County Administrators also discussed New York State Association of Counties advocacy regarding use of broadband funding in the stimulus program to cover the cost of public safety communications. During the course of the conversation regarding communications it was noted there is a surcharge being collected by the State that was earmarked for the Statewide Wireless 237 July 7, 2009 Network; the project is not moving forward and the State is retaining the revenues. Counties will be discussing whether the funding should be allocated to provide funding for the wireless networks counties are installing. Mr. Burbank spoke of hearing that Suffolk County was suing the Senate as a result of the negative fiscal impact their actions are causing and asked if there are any broader discussions regarding legal action. Mr. Mareane had not heard anything to date. Ms. Herrera asked about staffing of the New York State Department of Corrections quick -chill facility. Mr. Mareane said the management is handled by New York State Corrections employees and inmates from the Oneida Correctional Facility provide the labor. Initially the facility was built to provide food service to the State prison population but has now expanded and is able to provide additional services. The inmates are paid $.35/hour, which is more than their peers in other jobs assigned. Ms. Herrera said although New York State is trying to fill a need by utilizing inmate labor it could be seen as a lowering of area local standards. Although it is an interesting concept the exploitation of labor is hard to not wonder about. Ms. Kiefer said she had read an article that the Statewide Wireless Network was just postponed, not abandoned. Mr. Mareane said the surcharge was put in place to assist in the cost of the State -led project. Upon completion of the system in western New York, the radio coverage was not what was desired and the project was abandoned. Now, counties are responsible for the installation and it is believed the surcharge revenue should be shifted to the counties. Ms. Chock asked what the $9.9 million revenue shortfall relates to in local tax increases. She was informed it would require a 27 percent increase to make up for the loss. Ms. Chock reiterated the need for citizens to contact State Senators for their area to indicate the need to act on their business. Mr. Proto noted the loss of sales tax revenue would also affect Tompkins Consolidated Area Transit; the City of Ithaca contribution (between $800,000 and $900,000) is funded through sales tax revenue. With regard to broadband service he reiterated his belief that legislation allowing payment through the Universal Service Fund (USF) revenue would be appropriate. There had been interest in this possibility at the State level and asked if anything was discussed at the June County Administrator meeting; Mr. Mareane said he has not heard anything at this time. Mr. Proto suggested the possibility of a resolution from the County supporting the broadband funding from USF. Mr. Shinagawa announced that time has been set at the Government Performance and Workforce Relations Committee meeting to discuss a resolution condemning the actions of the State Senate and asking them to move forward; the goal is to have a resolution that all Legislators could support. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported the County was chosen by the New York State Comptroller as one of ten update counties for review of the use of Environmental Protection Fund Grants; the largest grant was for Farmland Protection. The State review will be conducted in ten municipalities to determine if the funds were used wisely or if there was any impairment to use or access of the grant funding. Mr. Squires said the only problem was that only one-half the available funding could be used due to the technicalities of the grant that made access difficult due to requirements for easements, etc. The review began today and is anticipated to be completed within thirty days and include the Household Hazardous Waste and Stormwater programs. 238 July 7, 2009 Mr. Squires spoke of the revenue reduction that would occur from sales tax having a detrimental effect on the County's municipal financing; normally it is simply reported sales tax income is renewable, now it must be indicated that it will expire due to the delay at the State level. Mr. Proto asked that the municipalities be made aware of the sales tax revenue reduction as soon as possible to assist with budget planning. Mr. Koplinka-Loehr reported there would be a brief Executive Session regarding personnel matters at the end of the meeting. Addition of Resolution(s) to the Agenda There were no resolutions to be added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. [Mr. Burbank withdrew his member -filed resolution at the appropriate time later in the meeting.] Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Air Service Board Leslyn McBean-Clairborne — Representative of appropriate committee of the Legislature; term expires December 31, 2009 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, 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. 110 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLUTION ADOPTED. 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 and the Facilities and Infrastructure 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) A8027.43959 State Aid Planning $82,245 A8027.54400 Program Expense A8027.42797 Contributions from $ 9,400 A8027.54400 Program Expense Other Governments Explanation: State grant for the County -wide Water and Sewer Evaluation Project per Resolution No. 186 of 2008; Match from Tompkins County Industrial Development Agency for the County -wide Water and Sewer Evaluation Project. Airport Revenue Acct Title Amt Approp Acct Title(s) 239 July 7, 2009 5610.41774 Commissions $25,000 5610.54333 Education and Promotion Explanation: Needed to help cement the improving passenger numbers in an effort to retain air service. Projected revenues are running at about $110,000 over budget estimates. SEQR ACTION: TYPE II -20 RESOLUTION NO. 111 — AWARD OF BID — RELOCATE RUNWAY 32 LOCALIZER ARRAY PROJECT — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the Finance Department advertised and received three bids to relocate the runway 32 localizer array, a project that is necessary to meet Federal Aviation Administration safety standards, and WHEREAS, the airport's engineering consultants, C&S Engineers of Syracuse, New York, have reviewed all the bids and found the lowest responsible bidder is B&H Taxilane Lighting, Inc., of Conklin, New York, with a bid of $106,525.00, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to B&H Taxilane Lighting, Inc., of Conklin, New York, RESOLVED, further, That the funding sources for this project are as follows: Federal Aviation Administration Share (95.0%) $101,198.00 New York State Department of Transportation Share (2.5%) $ 2,663.00 Local Share (Airline Rates & Charges) (2.5%) $ 2,664.00 TOTAL $106,525.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with B&H Taxilane Lighting of Conklin, New York, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -2 Report and Presentation of Resolution(s) from the Public Safety Committee RESOLUTION NO. 112 - ADOPTION OF INTERMUNICIPAL LAW ENFORCEMENT TECHNOLOGY SHARED SERVICES (LETSS) GROUP AGREEMENT AND BYLAWS — LAW ENFORCEMENT TECHNOLOGY SHARED SERVICES (LETSS) MOVED by Ms. Robertson, seconded by Ms. Herrera. Ms. Robertson noted the bylaws would be ratified by the County first, with other municipalities to follow. Mr. Koplinka-Loehr asked how records were to be kept by the group. He stated he would not want the minutes to be at the same standard as a regular Legislative committee. Ms. Robertson said it was to be simply a public record, with approved minutes to be posted on the Information Technology Services website. Ms. Herrera seconded the resolution as it is an example of what can happen when people decide to collaborate, work together, and come to consensus. It is the type of work that leads to true cost savings and she hopes the municipalities reap the benefits of having been cooperative in the collaborative effort and in a voluntary manner. Mrs. McBean-Clairborne is pleased to see this work occur. In response to her question on funding, Mr. Koplinka-Loehr said the agreement assumes that $50,000 would be approved for 2010, 240 July 7, 2009 presently the 2009 budget is $30,000. She then asked about previous grants for the project. Mr. Potter explained that previously there had been a small amount of grant funds utilized as part of the COPS Program years ago that were placed within the Information Technology Services budget to move the project forward, however, no grant funding has been available for the past three years. Mr. Koplinka- Loehr explained that if $50,000 is allocated the documents indicate the level of service that would be provided; if funding is allocated at a lower level it would require renegotiation of the level of service the County would be providing. Mr. Potter said there is a separate budgeting unit for this project in the amount of $30,000, and it is associated with software needs, hardware, professional services, and salary and fringes for a portion of a position. It does not adequately cover the amount of work being done for the project and Mr. Potter would request a budget of $50,000 in 2010 rather than ask for funding as an over -target request as done for the past four years. Mr. Hattery spoke of previous discussions regarding other participant contributions and asked what the final outcome was. Mr. Potter said as part of the original resolution to proceed with the group there was a directive to review the financial impacts. The first step was working with County Administration to determine how to best fund the program. Following the evaluation of what the financial impact at the local level would be if contributions were from agencies rather than the County, it was determined having the County cover the base amount was the best option. Ms. Robertson stated the program is the culmination of many years of work and it is as a product of collaboration. She said there is a sense of consensus and ownership by participating agencies and this agreement is a tribute to our staff and agency staff. Ms. Kiefer appreciated the work required to bring the resolution before the Legislature as well as the clarification of the services it would provide. She asked for further clarification of whether voting is based upon a majority of the full membership or only a majority of those positions filled. Ms. Robertson noted the question came up and it was determined it was the full membership of the board. Mrs. McBean-Clairborne spoke of the leadership and noted the bylaws indicated members would speak directly to Mr. Potter with regard to their needs. She would like to know what direction is given to Mr. Potter and who does he report to. Mr. Potter said there is an administrative component; Information Technology Services would take over the administrative responsibility as defined within the $50,000 mark. As items are discussed that require additional review it would be brought to the Public Safety Committee. Within the board, there would only be the Chair and Vice Chair. Ms. Robertson said if there are other tasks above what is covered within the budgeted amount a formula would be determined to cover any additional expense. Ms. Herrera stressed the work done to bring the resolution to the Legislature is an accomplishment and shows consensus. She does not believe it would have worked if imposed or pushed through and it is a good example of collaborative work. Ms. Herrera said real consensus does not mean total unanimity and lack of questions. Although she has questions regarding a $50,000 base budget item, she will support it due to it being a two-year renewable agreement that could have an option for an additional five years. It is a much-needed program and she is glad it is being undertaken. Mr. Proto complimented the work completed and said the work done between Information Technology Services and Administration should not go unrecognized. A voice vote on the resolution resulted as follows: Ayes — 12; Noes — 1 (Legislator McBean- Clairborne); Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. WHEREAS, in November of 2008, Resolution No. 248, "AUTHORIZATION TO PROCEED WITH A GOVERNANCE STRUCTURE FOR MULTI -JURISDICTIONAL DATA SHARING 241 July 7, 2009 AMONG COUNTY LAW-ENFORCEMENT AGENCIES INCLUDING LAW-ENFORCEMENT TECHNOLOGY SHARED SERVICES (LETSS) GROUP " was adopted, and WHEREAS, it is considered desirable that a more permanent group be established to continue with the work undertaken by the Law Enforcement Technology Shared Services group, and WHEREAS, the Law Enforcement Technology Shared Services group drafted and adopted the Intermunicipal Law Enforcement Technology Shared Services (LETSS) Group Agreement and Bylaws dated July 7, 2009, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Law Enforcement Technology Shared Services group is hereby established as an oversight group reporting to the Public Safety Committee, and that the Intermunicipal Law Enforcement Technology Shared Services (LETSS) Group Agreement and Bylaws dated July 7, 2009, be adopted and filed with the Clerk of the Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 113 - RESOLUTION URGING PASSAGE OF STATE LAW REGARDING TEXT MESSAGING WHILE DRIVING MOVED by Ms. Robertson, seconded by Mr. Shinagawa. Mr. Hattery spoke of concerns raised at the last meeting when this issue was discussed. Ms. Robertson said this resolution urges the State to pass a law rather than the County adopting a local law. If it is a State law, it is not jurisdictional and it would create a uniform traffic ticket system. Both these concerns as raised by the District Attorney and Sheriff were taken into consideration during Committee discussions. She also believes a State law would send a clear message that text messaging is not allowed and is a life-threatening hazard. Mr. Shinagawa expressed support for the resolution and noted passage at the State level would provide a cultural benefit as it would become part of state driving permits and other training that develops good motor vehicle driving skills. With regard to enforcement, two separate law officers are required to verify use of the phone and he believes there is an additional fine when text messaging is involved in an accident. Mr. Sigler said he does not support the resolution and said it feels like the County is legislating "common sense". He believes if you make all things a crime then everyone is a criminal. He said enforcement takes two vehicles to confirm an individual text messaging; he would rather see them "walking a beat" rather than seeking driving violations. Ms. Chock expressed a preference for a local law, however understands the State would provide a public education component, which she hopes would occur as the legislation moves forward. However, she would like to have the ability to bring back the possibility of a local law regarding this topic if the State does not take action. Mr. Dennis stated the State law indicates a violation if seen holding a device; if a phone is visible the driver would be stopped. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 3 (Legislators Dennis, Hattery, and Sigler); Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. WHEREAS, Section 1225-c of the Vehicle and Traffic Law of the State of New York provides that no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion, and WHEREAS, there have been instances throughout the State of New York where operators of motor vehicles are text messaging while driving and cause a crash, including fatalities, and WHEREAS, several bills have been proposed in the State Assembly and Senate to prohibit operators of motor vehicles from using a mobile electronic device for writing, sending, or reading a text 242 July 7, 2009 message while at the wheel of a vehicle in motion, and WHEREAS, the Tompkins County Legislature believes that a statewide ban on text messaging while driving is more effective than a patchwork of local laws banning the practice, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That to reduce the potential of crashes caused by texting distraction, the Tompkins County Legislature hereby urges the State Legislature to adopt as soon as possible an amendment to the Vehicle and Traffic Law to prohibit operators of motor vehicles from text messaging while they are driving, and urges the Governor to sign such legislation, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to immediately send certified copies of this resolution to Governor David A. Paterson, New York State Senate Majority Leader, Assembly Speaker Sheldon Silver, Senate Minority Leader, Assembly Minority Leader Brian M. Kolb, New York State Senators James L. Seward, George H. Winner, and Michael F. Nozzolio, and Assemblywoman Barbara S. Lifton. SEQR ACTION: TYPE II -20 Ms. Robertson, Chair, said the Committee would meet on July 20th at 2:30 p.m. Member -Filed Resolution RESOLUTION NO. 114 - REAFFIRMING SUPPORT FOR A SINGLE -PAYER APPROACH TO CONTROLLING HEALTH-CARE COSTS AND ENSURING EVERYONE IS COVERED MOVED by Ms. Kiefer, seconded by Mr. Burbank. Ms. Kiefer said she did not present this resolution to the Health and Human Services Committee because she believes it simply reaffirms the resolution adopted three years ago. The purpose of the additonal Resolved is to describe the sense of disappointment in the lengthy process that exists. Mr. Shinagawa believes the single -payer approach is the best option available; noting that administrative costs, which run 22 to 34 percent could be reduced. He said the single -payer system would have a true economy of scale that would produce large savings. When individuals speak of other national programs being insufficient, there needs to be recognition that other countries spend significantly less per person on coverage, particularly since at the present time there are 65 million people not covered by any insurance. Mr. Shinagawa also acknowledged the need to provide reasonable reimbursement rates for services provided. At the present time, Medicare has a reimbursement rate of 80% and the Medicaid rate is 60-70%. This results in providers having a heavy reliance on private insurance plans to pay the full cost and to cover their margin of profit. He believes the public option must be administered by government, be available and affordable to all people, have the competitive reimbursement rates, and negotiate the economy of scale with regard to prescription drugs. He noted the Veterans Administration has negotiated a plan to pay only one-fourth of the retail cost of prescription drugs. Ms. Herrera said she appreciated the suggestions regarding amendments to the resolution and noted amendments could still be considered, particularly because it did not have the benefit of going through the Committee process. She said she will support the resolution but wishes the discussions had been open and had included the Chair of the Health and Human Services Committee being informed. Mr. Hattery noted this is not a partisan issue; the difference is in determining the best manner to proceed in order to have a better program. He said he is always surprised to hear local officials speak of ineffectiveness of working with the State and Federal government, but believing things would be better by turning this program over to them. Ms. Robertson spoke in support of the resolution and said there are many individuals like Ms. Long who earn a minimum wage and who do not have health insurance. She said Medicaid only covers 243 July 7, 2009 the very poor and there is a huge gap of individuals making too much to obtain coverage, yet not enough to afford it. She also spoke of different ways the topic was looked at, noting the cost for the public option was determined by the Congressional Budget Office, , but not the savings that would result. She shared information previously written by former Legislator Tim Joseph, stating the many places where County government pays for health care. She also noted health care providers are taking jobs at insurance companies rather than in their field. Mr. Burbank believes it is time for reform of the health care system and said the issue of single - payer health insurance is a moving target and it is time to reaffirm the stance taken two years ago. He was disheartened to learn that the President's Chief of Staff spoke of the White House being open to removing a public option; however, President Obama said that is not his intention at this time. Mr. Sigler said eighty-five percent of the people in America have health insurance, the 47 million without health insurance include those who lost it within the last year. Of those with health care, almost all are happy with their coverage and of those without coverage, forty percent who received health care are happy with the care they received. He agrees those without coverage need to have it provided but does not think it is necessary to revamp the entire industry. He expressed concern for universal healthcare, noting other countries have had difficulties and lawsuits. He spoke of individuals with cancer and other chronic illnesses and questioned whether a national health insurance plan would cover individuals receiving repeated treatments. Mr. Sigler said it does not make sense to take away the tax- paying businesses that comprise one-seventh of the economy and have the government operate it instead and suggested providing a tax-exempt status for medical care that would reduce expenses. Mr. Proto appreciated Ms. Kiefer's remarks regarding the reason she had not brought the resolution to Committee. He said discussions relating to the topic make it appear profit is not good in the industry and he disagrees with that opinion. He can relate to the concerns expressed and noted that no system is perfect. The reference to the portion of the resolution that said the profit is used for "insurance - company profits, CEO salaries, lobbying, etc.", represents $.03 of every dollar. Although the resolution states the Legislature strongly supports, he believes it should indicate the actual vote, either unanimous or the exact number supporting the resolution. He said not everyone in the County supports what is being presented. Mr. Proto said if there is a problem it needs to be fixed, however, it is unrealistic to think the government can operate this system at a much lower cost. Ms. Chock said she would not object to sending the resolution to Committee; however, she believes that in matters like this there are benefits to having a group discussion. With regard to national health care, she said it would be basic health care and would not supplant the ability to have private health coverage or supplemental programs, preserving the best of both. Ms. Chock said the savings in administrative costs could be used to hire more people into the health care system to provide necessary care. She said there are times to compromise and times to express what we believe to be best for the nation; she believes it is time to express the latter. Mr. Shinagawa said what is missing in the debate is what the care would look like. In the future there could be a resolution regarding what is needed, such as electronic medical record systems, collaboration between primary care physicians and specialists, reduction of hospital infections, etc. He said there is a need to speak to these things at a national level and that local communities can contribute to the discussions. Ms. Robertson noted that there is documentation that 75 percent of individuals going bankrupt due to medical bills had health insurance at the time. It was MOVED by Mr. Sigler, seconded by Mr. Proto, to add an additional paragraph as follows: "WHEREAS, single -payer should be fair to all and Congress, the Executive Branch, Federal workers, and union workers should not be exempt from this as is currently being suggested by Congress." A voice vote 244 July 7, 2009 on the amendment resulted as follows: Ayes — 3 (Legislators Hattery, Proto, and Sigler); Noes — 10; Excused — 2 (Legislators Randall and Stevenson). AMENDMENT FAILED. It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to Call the Question. THE QUESTION WAS CALLED. A roll call vote on the resolution resulted as follows: Ayes — 10; Noes — 3 (Legislators Hattery, Proto, and Sigler); Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. WHEREAS, access to health care continues to be a major concern for all Americans [with an estimated 48 million currently uninsured and twice that number underinsured], and WHEREAS, health-care costs continue to rise at rates above inflation [personal insurance premiums have doubled over the last eight years, and 62.1% of all bankruptcies in 2007 were linked to medical bills or illness, up from 49.6% in 2001], and WHEREAS, on June 20, 2006, by Resolution 95 of 2006, the Tompkins County Legislature expressed its support of and preference for a single -payer approach to health-care coverage for New York State, and WHEREAS, the Tompkins County Legislature continues to believe that both controlling health- care costs and ensuring health care for all residents are both of paramount importance, and it is even more important that this issue be addressed on the national level, and WHEREAS, the simplest approach is to move directly from the current multiple -payer approach, with its high costs of administration, marketing, and profits for shareholders of the many insurance companies, to a national single -payer system, where the Federal government is the insurer of all, a system used in other industrialized democracies, and which results in residents having comparatively lower costs and greater satisfaction than we do [the U.S. pays $7,129 per person for health care, 50% more than other industrialized countries, yet ranks 37th in health-care outcomes, lower than some third -world countries], and WHEREAS a single -payer approach, as the name implies, only federalizes how health-care providers are paid, leaving the choice of doctors and hospitals completely up to each individual and the choice of treatment up to each patient and his/her doctor, and WHEREAS, there is no reason for health care to be tied to employment; this linkage is an artifact of post -World War II economics when wage and price controls were in place and American employers chose to offer health-care benefits in place of salary increases, and continuing to tie health insurance to employment will only help prop up the current flawed system, and WHEREAS, there is no reason to fear for the survival of insurance companies, since there is still the big business of home insurance, car insurance, life insurance mortgage insurance, bond insurance, liability insurance, key -person insurance, contents insurance, professional indemnity insurance, workers compensation insurance, earthquake and flood insurance, errors and omissions insurance, and pet insurance, and the possibility of add-on insurance for elective procedures and hospital accommodations, and WHEREAS, of all the proposals currently being considered in Washington these days, only single- payer can save the approximately 30 cents of every health-care dollar currently being used for nothing to do with health or care, such as for insurance -company profits, CEO salaries, lobbying, mass marketing, and massive billing bureaucracies that challenge doctors' orders and patient and doctor claims; single -payer will replace that with a government -administered health fund that pays our health-care providers' bills, and, similar to Medicare, will cost only about 3 cents of every dollar, and WHEREAS, the government, as the single payer, will have enormous negotiating leverage with drug companies, so that can drive down the costs to consumers even more, and WHEREAS, recent polls indicate that a large majority of Americans want and need health - insurance reform, and a majority want at least to have a choice between a private plan and a public health insurance plan [June 12-16 New York Times/CBS telephone survey: 72% ± 3% supported a government administered plan, something like Medicare for those under 65, that would compete for customers with private insurance], and 245 July 7, 2009 WHEREAS, only a single -payer plan can save enough in unnecessary costs to pay for the costs of extending coverage to all the uninsured and underinsured for basic necessary medical care; all the other proposals under discussion have recently been estimated to cost so much that they appear unaffordable into the future, and they are not even planning to cover everyone initially, now therefore be it RESOLVED, That the Tompkins County Legislature strongly supports adoption this year of a national single -payer health-care system [as exemplified in HR 676, The United States National Care Act (Medicare for All Act), and S.703, The American Health Security Act of 2009], that will cost much less per person and thereby enable provision of coverage for all, RESOLVED further, That we urge Congress to waste no more time tinkering with the present failing profit -based insurance system but instead seize this moment of health-care crisis, recognize the widespread support for a new public approach, escape the inside -the -beltway mindset that major reform is "politically infeasible" (a self-fulfilling prophecy!), and take the opportunity to accomplish this major and long -needed reform. SEQR ACTON: TYPE II -20 Withdrawal of Resolution Mr. Koplinka-Loehr granted Mr. Burbank permission to withdraw his resolution entitled In Support of 111th United States Congress H.R. 676 — United States National Health Care Act or the Expanded and Improved Medicare for All Act. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 115 — AUTHORIZING A FIVE-YEAR EXTENSION TO THE AIR SERVICE BOARD — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Ms. Kiefer requested the resolution be pulled from the Consent Agenda to clarify that the extension is a five-year period ending December 31, 2013. A voice vote on the resolution resulted a follows: Ayes — 13; Noes — 0; Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. WHEREAS, the Air Service Task Force (ASTF) was established in 1998 by the Tompkins County Chamber of Commerce and Tompkins County Area Development as a result of community concern over diminishing air service at the Ithaca Tompkins Regional Airport, and WHEREAS, due to the continuing concern over the volatility of the airline industry and the financial plight of the airport's principal tenant, US Airways, the County Legislature, by Resolution No. 80 dated April 20, 2004, charged the Charge for the ASTF to review the operational and financial condition of the airport and improve air service, and WHEREAS, in January 2005, the Chair of the County Legislature established a seven -person Air Service Committee (ASC) to focus more keenly on completing the ASTF's Charge and assist airport management with stabilizing the airport's future, and WHEREAS, after a number of notable successes, it was deemed desirable that a more permanent group be established to work closely with airport management in the ever-changing aviation climate, and WHEREAS, through Resolution No. 281 on December 20, 2005, the County Legislature established an Air Service Board for a three-year period, ending on December 31, 2008, and WHEREAS, the Air Service Board has been very successful in helping airport administration with business and air service development, marketing, public relations, airline negotiations, and community relations, and WHEREAS, through Resolution No. 57 of 2009, the Air Service Board with its 2008 membership was continued through May 31, 2009, to allow for a complete review of the Board, membership, bylaws, and charge, and 246 July 7, 2009 WHEREAS, it is deemed desirable for airport management to continue to have the benefit of this diverse group of business and community leaders to assist with sustaining and developing air service and related services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the term of the Air Service Board be and hereby is extended until December 31, 2013, RESOLVED, further, That the current members' terms are extended until such time as revised bylaws are reviewed and approved by the Legislature, at which time new or continued appointments would be made if necessary. SEQR ACTION: TYPE II -20 RESOLUTION NO. 116 — AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., TO CONDUCT A TWENTY-YEAR "GREEN" MASTER PLAN — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. Mr. Hattery asked what the nature of the study to be completed would include. Mr. Nicholas, Airport Manager, provided information indicating a standard Airport Master Plan costs approximately $200,000 for the work. The "Green" Master Plan will incorporate components on how to make the improvements in an environmentally friendly manner with the goal of reducing greenhouse gas emissions. Mr. Proto spoke of his participation in the 1996 Master Plan and asked if Legislators or others would have an opportunity to participate; Mr. Nicholas said there are many stakeholders and all would have the opportunity to be involved. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 0; Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. WHEREAS, an Airport Master Plan was last developed in 1996 and the components outlined in said master plan are substantially complete, and WHEREAS, good business practices dictate that it is prudent to plan ahead to anticipate future needs, and to investigate the environmental and financial impacts of any planned projects, and WHEREAS, the Federal Aviation Administration (FAA) requires advanced notice of any and all projects that an airport may request funding assistance with, and WHEREAS, in addition to the usual components of a traditional Airport Master Plan, it is deemed desirable to incorporate sustainable elements into all future airport projects, whenever possible, with the goal of greatly reducing or totally eliminating the airport's carbon footprint, and WHEREAS, the FAA has reviewed the Scope of Services for the "Green" Master Plan, is fully supportive of its goals and direction, and has agreed to fund the project with a Federal Airport Improvement Program (AIP) grant, and WHEREAS, the budget for said "Green" Master Plan is: Federal Aviation Administration Share (95.0%) $279,108 New York State Department of Transportation Share (2.5%) $ 7,345 Local Share (Airline Fees) (2.5%) $ 7,345 Total $293,798 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., of Syracuse, New York, for $293,798 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $7,345 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 247 July 7, 2009 reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II - 21 Mrs. McBean-Clairborne, Chair, reported the Committee met on June 18 and July 1. At the June meeting, Ms. Eckstrom, Solid Waste Division Manager, spoke of the Solid Waste Division operation being featured as one of twenty-one worldwide operations (one of three in the United States) being featured in a book regarding World Waste. The Project Approval Request (PAR) forms for capital projects were reviewed. There were questions regarding the Old Library and whether it is beneficial to repair the building if it was not going to be used. A further review of the plan to build a new jail also needs to take place. Mrs. McBean-Clairborne spoke of the need to consider the increased need to rent office space for such departments as the Office for the Aging, Board of Elections, and Human Rights. The Committee was informed of the Federal Aviation Administration's enthusiastic approval of the "Green" Master Plan for the airport. This will be the first of its kind in the country and would be featured in Aviation Week and Space Technology, a highly prestigious and leading journal in the United States. There has also been interest expressed from other states and cities. Mr. Proto asked if the Space Needs report has been reviewed with regard to the old library; Mrs. McBean-Clairborne said it has not at this time. Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported the Committee would meet on July 10th Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee would meet on July 8th. She reported on the Tompkins County Homeownership Program. The program targets first-time homebuyers outside the City of Ithaca (all municipalities), with an income not greater than eighty percent of the area median income for the household side. She noted the minimum income is $14,000, with loans evenly distributed throughout the county, the majority of them for existing housing. For individuals seeking housing they not only are given the opportunity to purchase a home, but also receive educational information regarding financial matters, repair and maintenance, etc. Throughout the history of the program there have been only two foreclosures out of 292 loans, less than one percent. Funding for the program comes from the State government through the Community Development Block Grant program, and as it is paid back into the fund it provides additional funding for new applicants. Ms. Mackesey said the County has a stellar reputation for the program, which has helped leverage funds and develop good working relationships. Report and Presentation of Resolution(s) from Budget, Capital, and Finance Committee RESOLUTION NO. 117 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT FUNDS FROM 2008 TO VARIOUS ACCOUNTS MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll call resulted as follows: Ayes — 13; Noes — 0; Excused — 2 (Legislators Randall and Stevenson). RESOLUTION ADOPTED. Ms. Kiefer expressed concern with the return of rollover funds from Finance to the General Fund when the Purchasing Division is understaffed. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2008 resulting in a surplus of $1,207,714 on the County's books as of December 31, 2008, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the 248 July 7, 2009 amount of $329,185 current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services, the Planning, Development and Environmental Quality, the Public Safety, the Government Performance and Workforce Relations, the Facilities and Infrastructure, and the Budget, Capital, and Finance Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $329,185 TO: DEPT Use of funds Account Requested Rollover Facilities Main Courthouse Stair Repair project 1620 54470 145,000 Weights and Measures Existing computer equipment is 6 years old and well out 3630 52206 1,700 of warranty; looking to replace two existing computers with one new one. Return to the General Fund 1,645 Public Works Admin Return to the Appropriate Funds (A, CT and CL) 873 County Clerk Archives grant completion - indexing backfiled land 1410 54442 32,844 records into County Clerk EDMS (Challenge Industries is vendor) Laserfiche software upgrades for centralized digitized 1410 52230 42,389 Records Center (Weblink, Workflow, and Audit Trail modules) Return to the General Fund 127,515 Department of Assessment Return to the General Fund 29,752 Board of Elections Hewlett Packard LaserJet 9050DN and Security System 1450 52206 14,185 Return to the General Fund 21,939 Legislature Return to the General Fund 7,614 Information Technology Purchase of new router to support Sheriffs Office, 1680 52202 5,267 Airport Terminal, Crash Fire and Rescue, and Department of Emergency Response locations Finance Return to the General Fund 75,113 County Attorney Computer Replacement 1,900 Return to General Fund 21,232 County Administration Return to the General Fund 6,823 Planning Department Matching funds for a green fleet grant to replace the 8020 52231 5,400 Department's car with a hybrid car. Probation Purchase of copier to replace the 8 year old one at HSB 3141 52220 4,000 Purchase of Copier to replace the 8 year old one at CJC 3160 52220 1,500 Sheriff's Office 3 Marked Patrol Cars - All exceed 90K miles 3113 52231 75,000 SEQR ACTION: TYPE II -20 Mr. Dennis reported the committee would meet on July 13th at 3:30 p.m. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on June 24th and spent the majority of the meeting speaking with Don Kelly, CSEA Union State Representative, regarding the civil service reform project the Committee has been discussing. Although there were many questions that could not readily be answered, it was beneficial to discuss the union's viewpoint to determine how to work together. 249 July 7, 2009 The study is continuing to move forward and Mrs. McBean-Clairborne thanked Mr. Mareane for his work with CIPA at Cornell University. It is hoped the work completed by the CIPA class would provide information to determine the best method to create civil service reform. Mr. Dennis spoke with CSEA union representatives and expressed concern with what is occurring statewide as well as the pass/fail system. Unions believe pass/fail could cause problems due to the broadness of the selection it afforded. Mrs. McBean-Clairborne said although unions are opposed to pass/fail of any type, they indicated they would be willing to engage in a conversation regarding how to deal with the problems in the system. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee has not met. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet July 14th. At that time the Committee would review the request of the Intermunicipal Recreation Partnership not to require the 6.25 percent reduction due to the nature of the agreement in place. The SPCA will be present to discuss contracted services provided to the County. Garbage Hauling Announcement Ms. Mackesey announced there would be a meeting of the Upstate Coalition regarding Garbage Transportation taking place at noon on July 16th at the Chamber of Commerce. Recess Mr. Koplinka-Loehr declared recess at 8:35 p.m. The meeting reconvened at 8:40 p.m. Executive Session It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss personnel matters. An executive session was held at 8:40 p.m. and returned to open session at 9:48 p.m. Adi ournment On motion the meeting adjourned at 9:48 p.m. 250 July 21, 2009 Regular Meeting Call to Order Mr. Koplinka-Loehr, Chair, called the meeting to order at 5:31 p.m. Pledge of the Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators. Excused: 2 (Legislators Hattery and Randall). Privilege of the Floor by the Public Mike Lane, Dryden, spoke of the density policy that was originally promulgated by the City of Ithaca. The new hotel project was to be built without tax abatements and now that has completely changed and he questioned whether all the taxpayers in Tompkins County should be subsidizing that commercial venture in downtown Ithaca. If the City or the Ithaca City School District want to give abatements, that is up to them. He doesn't believe the County should offer those types of tax abatements. Eric Levine, Coddington Road resident, Ithaca Town Board member, and Vice Chair of the Intermunicipal Recreation Partnership, spoke about the 2010 budget for the Recreation Partnership. He understands the County has given a directive that budgets be cut by 6.25% and hopes that will not apply to the Recreation Partnership. The existing agreement states that it is not to be governed by any other municipality and that it is its own entity. There are 11 partners and it could not function if each partner cut its own budget. He said he has worked very hard to cut costs and programs. Although there is increased participation, they did come up with a 2 1/2 percent increase over 2009, but stated this is a case of spending a little money to get a lot back. Fay Gougakis, City of Ithaca resident, referred to an article in today's Ithaca Journal and said she agrees with concerns expressed by Mr. Lozano, an employee of the Ithaca Wastewater Treatment Plant, that Cornell University is responsible for the Lakesource cooling problem. She also expressed how upset she is that the County Legislature did not want to pass a law to ban text messaging while driving. She believes the County should have passed a law regardless of what the State has done and referenced three pages of information in the New York Times as to why there should be a ban on text messaging while driving. Distinguished Youth Award Ms. Robertson, District No. 13 Legislator, presented the Distinguished Youth Award for July to Briannea Freedline, age 18, of Freeville. Ms. Freedline was recognized for her participation, support, and leadership as part of the O.U.R.S. (which stands for Opportunities, Understanding, Respect, Success) Program for youth at Congers mobile home park in Freeville. Julie Newman of Cooperative Extension, Manager of the OURS Program, nominated Ms. Freedline and noted that, after years of active participation, Ms. Freedline has grown to serve as a volunteer mentor for the youth and is a true leader in the program, providing consistent support to girls aged 7-17 despite personal challenges and holding multiple jobs. Privilege of the Floor by Legislators Greg Stevenson, District No. 8 Legislator, spoke of the website for the Health Benefits Consortium and commented there were three meetings listed on the website but no available minutes or information on the Plan Administrator. He said he would like to see the Steering Committee more forthright with information. 251 July 21, 2009 Mr. Dennis, District No. 15 Legislator, spoke of the Grassroots Festival last week and applauded those who organized the event. He especially thanked law enforcement for their work. Ms. Chock, District No. 3 Legislator, also spoke of the Grassroots Festival and said it is a wonderful event and encouraged all to attend in the future. She spoke with the organizers and the Sheriff and all reported there were a very low number of incidents. Although one person had a heart attack, it was determined that the individual was someone with a prior health condition. Ms. Chock said organizers said this year they used the FEMA emergency system and it worked very well. Ms. Chock commented on the recent arrest of Henry Louis Gates, a distinguished scholar in the country who was returning from a trip to China and who was arrested for breaking into his own home. She reported the text -messaging ban has been approved by the New York State Legislature and is awaiting the Governor's signature. She spoke of broadband access and will be bringing a resolution to the next Legislature meeting to support, if it comes together in time, an application for broadband stimulus funds. She had hoped the County could have provided access on County towers, but has been convinced that is not practical because of the emergency management system and technical issues. There is $7 billion in Stimulus funds available for broadband; applications for the first pot of money are due by August 15. She will distribute a draft resolution to Legislators for review and will present it to the Planning, Development, and Environmental Quality Committee for their consideration. Ms. Kiefer, District No. 10 Legislator, said she understands Ms. Gougakis's frustration and would have supported a local law banning text messaging in the County. However, she found nothing wrong with passing a local resolution urging the State to adopt a law and noted that our Sheriff and District Attorney did not support a local law unlike in other counties. Mr. Burbank, District No. 12 Legislator, said he spoke previously of the surplus yellow phonebooks being dropped off in his neighborhood. He displayed newspaper bundles that are now being tossed into neighborhoods on a massive scale. He encouraged anyone who does not want these to contact the Ithaca Journal. Mr. Burbank said he has brought this issue of commercial littering to the Council of Governments at a recent meeting. Mr. Proto, District No. 7 Legislator, spoke about the proposal for broadband access and said before sponsoring something he would like to know the impacts. He reported this week is the County's 4-H Youth Fair at 4-H acres and commented on the appropriate timing for this month's Distinguished Youth Award. He said he and Legislator Herrera will be judging at the Fair. He reminded Legislators that tomorrow at noon is the TCAT (Tompkins Consolidated Area Transit) Budget presentation for municipal officials at the Transit Facility. Mr. Proto also reminded Legislators that the monuments in Dewitt Park will be re -dedicated on October 3rd. Mr. Proto reported that NYSEG (New York State Electric and Gas) has applied to continue to reduce the Voice your Choice option by dropping the fixed rate option on bills. Ms. Robertson, District No. 13 Legislator, commented on news report concerning California passing its budget that included a provision by which the State is taking money from counties. Los Angeles has a lawsuit challenging the constitutionality of that. Ms. Robertson reported Dryden Old Home Days, an event that was started in the late 1800's, is coming back and will be held on July 31St and August 1St Ms. Mackesey, District No. 1 Legislator, reported the Upstate Coalition met last week on the garbage transport truck issue. It was expected the regulations from the Department of Transportation would have been issued since it has been a year, but that has not happened yet. There was a new person hired in the Governor's office and he needed time to review them. The Coalition is talking about strategies to place pressure on the Governor's office to get this moved forward. 252 July 21, 2009 Mr. Proto referenced a comment made by Ms. Robertson concerning California's budget issues and said it goes beyond counties and his understanding is that the money has to be repaid within three years and with interest. Mr. Proto also reported on activities of the Water Resources Council and said they are meeting with representatives from the Great Lakes Basin as well as the Susquehanna River Basin concerning the transportability of water and what is being drawn in or out of the basins from one to another. Ms. Wilsea of the Planning Department has information from the presentation if anyone is interested. Ms. Herrera, District No. 5 Legislator, spoke about the trial in Syracuse for the murder of Latiesha Green. She said it is an interesting case as it involves someone's perceived sexual orientation and someone who was murdered for that. Dwight DeLee was convicted of first-degree manslaughter as a hate crime for shooting Latiesha Green. Ms. Herrera said New York State Law doesn't cover gender identity and expression and Federal Law doesn't cover sexual orientation or gender identity and expression as being protected from hate crimes. In the ensuing days it has become more interesting because of the Matthew Shephard Law that is in Congress with another version in the Senate. She said it has been put in the defense appropriations bill with four amendments to it that make it difficult for some to support. Ms. Herrera said there is no local news coverage of this crime and believes it is something that people don't want to talk about. She quoted hate crime statistics from the National Coalition of Anti- violence programs and said murders of LGBT (Lesbian, Gay, Bisexual and Transgender) people in 2008 increased 28% from the previous year. She would like members of the public and Legislators to contact their State representatives and voice their opinion about passing the Mathew Shepard law free of "poison pills" and encumbrances and to make our country a more just place for everyone. Ms. Herrera happily announced that Sonia Sotomayor will make a great Supreme Court Justice and is looking forward to seeing how she moves forward with the law. Ms. Herrera believes she will be fair and clear about the laws of this country. Report from a Municipal Official There was no municipal official report. Chair's Report Mr. Koplinka-Loehr reported the Fall NYSAC (New York State Association of Counties) Conference information is available and asked Legislators to let him know if anyone is interested. The deadline for registering is August 16. He announced that National recognition has been given to County's Youth Services Department for the Middle School Norm Campaign. He also announced the Dragon Boat competition was held July 12th Report from the County Administrator Mr. Mareane reported the Governor signed the landline surcharge bill. He distributed a brochure from the New York State Department of State Division of Local Government Services that promotes local government efficiencies and cited Tompkins County for the Health Benefits Consortium being an example of shared services and intermunicipal cooperation. The process is moving forward and the threshold of 2,000 covered individuals has been reached. Mr. Mareane requested an executive session to discuss labor negotiations. Mr. Koplinka-Loehr said he would also like to discuss a personnel matter in executive session as well. Report from the County Attorney Mr. Wood said he did not have a report. He provided a written caseload status report to Legislators. 253 July 21, 2009 Report from the Finance Director Mr. Squires announced the County's sales tax extension authority has been passed by the State Legislature. He distributed sales tax receipt information and said the County's receipts are at 2007 levels, and as a result he anticipates the County being $2 million below budget for 2009. The new retirement regulations for elected officials will require that within 150 days of taking office Legislators must file documentation of time spent in service. He spoke about the Build America Bonds and reported that NYSAC (New York State Association of Counties) is putting together a pool to aggregate financing power to participate in the new Federal program. It is a new concept and there is a lot of suspicion nationally that the intent of the program is to undermine tax-exempt financings, but NYSAC is asking the County to join the pool. He said he doesn't know if the County has any projects other than highway that would qualify but he is looking at it. Mr. Sigler said he doesn't see much benefit in joining because Tompkins County has one of the highest bond ratings in the State. Addition of Resolution(s) to the Agenda It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to add the following resolution to the agenda: Authorizing Acceptance of a (Phase II) Federal Aviation Administration (FAA) Grant to Remove Obstructions; for a Consultant Agreement with C&S Engineers, Inc.; for Construction Observation Services for Obstruction Removal; for a Consultant Agreement with C&S Engineers, Inc., to Design a Sand Storage Building; and to Purchase a Passenger Boarding Ramp for the Disabled, Runway Deicing Equipment, and a Multi -Purpose Snow Removal Loader — Ithaca Tompkins Regional Airport. 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 Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Ethics Advisory Board Brian Eden; term expires December 31, 2011 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. 118 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 119 OF 2009: AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE NATURE CONSERVANCY FOR THE SALE OF TAX PARCEL NO. 24.-1-17.32, LOCATED IN THE TOWN OF DRYDEN MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. 254 July 21, 2009 WHEREAS, in Resolution No. 119 of 2009, the Tompkins County Legislature authorized the County Administrator to execute a deed with The Nature Conservancy for the sale of tax parcel no. 24.-1- 17.32 in the Town of Dryden, 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 Government Performance and Workforce Relations Committee, That the County Legislature believes the sale of tax parcel no. 24.-1-17.32 has a positive impact on the environment and the County's natural resources, RESOLVED, further, That Resolution No. 119 of 2009 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 119 of 2009. SEQR ACTION: (Short EAF on file with the Clerk of the Legislature) RESOLUTION NO. 119 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE NATURE CONSERVANCY FOR THE SALE OF TAX PARCEL NO. 24.-1-17.32, LOCATED IN THE TOWN OF DRYDEN MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County acquired the 1.54 acre (0.62 hectare) tax parcel no. 24.-1-17.32 in the Town of Dryden in 2008 through the foreclosure process, and WHEREAS, the parcel contains many significant natural features, including Unique Natural Area "North Malloryville"; Fall Creek; a New York State Freshwater Wetland; location within The Fens Natural Features Focus Area and an Agricultural Resource Focus Area; and an abandoned railroad bed (the proposed Lime Hollow trail) runs adjacent to the west of the parcel, and WHEREAS, to the north and west of the parcel lies The Nature Conservancy's 143 -acre O.D. von Engeln Preserve at Malloryville, and WHEREAS, the County approached The Nature Conservancy (TNC) about TNC acquiring the parcel to preserve unique functions and values as an addition to The Nature Conservancy's 143 -acre O.D. von Engeln Perserve at Malloryville, and WHEREAS, The Nature Conservancy has made a purchase offer for the parcel of $1,000.00 (one thousand dollars), and WHEREAS, County Administrative Policy No. 01-07 (Land Transactions) requires that whenever the Legislature decides to negotiate a sale for less than the fair market value for real property, the resolution conveying the property shall clearly state the public purpose served by conveying for this price and it shall include the estimate of the fair market value of the property at its highest and best use as prepared by the Assessment Department, and WHEREAS, the Assessment Department has determined that the fair market value of the parcel is $1,500 (one thousand five hundred dollars), and WHEREAS, the County will provide only a quit claim deed with the sale of this property, and WHEREAS, the reason that this property is being conveyed for less than fair market value is to increase recreational opportunities for residents of the County, protect significant unique natural areas in the County, and enhance The Nature Conservancy's 143 -acre O.D. von Engeln Perserve at Malloryville, and WHEREAS, through the process of foreclosure the property has become landlocked and therefore reduced the full assessed value of the parcel, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the purchase offer of $1,000.00 submitted by The Nature Conservancy on June 5, 2009 is accepted and that the County Administrator is authorized to execute the deed and closing paperwork. SEQR ACTION: UNLISTED 255 July 21, 2009 (Short EAF on file with the Clerk of the Legislature) RESOLUTION NO. 120 - AUTHORIZATION TO EXECUTE A THREE-YEAR CONTRACT - ADMINISTRATION AND PROVISION OF TRANSPORTATION FOR EARLY INTERVENTION AND PRESCHOOL SPECIAL EDUCATION CHILDREN RESIDING IN TOMPKINS COUNTY — 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, the Tompkins County Finance Department, in cooperation with the Tompkins County Health Department, has duly advertised for proposals for administration and provision of transportation services to children ages 0-5 who are enrolled in Preschool Special Education and Early Intervention programs as authorized by Tompkins County and who reside in Tompkins County, and WHEREAS, two proposals were received by the June 16, 2009, deadline, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital and Finance Committees, That the contract be awarded to Birnie Bus Service, Inc. of Syracuse, New York, RESOLVED, further, That the contract be awarded for a period of three (3) years commencing September 1, 2009, and terminating August 31, 2012, with the option to renew for an additional five one- year periods, RESOLVED, further, That the Health Department is authorized to implement this proposal on behalf of the County, funds are provided for in Account A2960.54305 and A4054.54305. SEQR ACTION: TYPE II -20 RESOLUTION NO. 121 — AUTHORIZATION TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH NUTRITION FOR THE ELDERLY IN TOMPKINS COUNTY, INC., d/b/a FOODNET MEALS ON WHEELS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Governor David Paterson has authorized the use of American Recovery and Reinvestment Act Federal funding whereby Federal sources will partially defray the cost of providing nutrition services to seniors in Tompkins County on a one-time basis, and WHEREAS, Foodnet Meals on Wheels is duly qualified to provide these services that include the provision of both congregate and home delivered meals, and WHEREAS, the Tompkins County Office for the Aging currently subcontracts with Foodnet Meals on Wheels in order to provide congregate and home delivered meals, and WHEREAS, the Tompkins County Office for the Aging recommends Foodnet Meals on Wheels be enabled to carry out these services, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County authorizes a supplemental agreement with Foodnet Meals on Wheels, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE A6776.44772 Federal Revenue $17,661 APPROPRIATION A.6776.54491 Subcontracts $17,661 SEQR ACTION: TYPE II -20 256 July 21, 2009 RESOLUTION NO. 122 — AWARD OF BID — DISABLED -PASSENGER RAMP - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Department advertised for bids on a passenger ramp for the boarding of disabled passengers and received one bid, and WHEREAS, while other boarding ramps exist, this particular ramp is the only one that meets the needs of the airlines serving Ithaca Tompkins Regional Airport, and WHEREAS, the bid price of $22,250 for said Disabled -Passenger Ramp is considered reasonable by the Federal Aviation Administration (FAA), now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to KCI Passenger Boarding Ramps of White City, Oregon, for a total price of $22,250, subject to grants being received from the FAA and New York State Department of Transportation (NYSDOT), RESOLVED, further, That the budget for said Disabled -Passenger Boarding Ramp is as follows: FAA (95.0%) $21, 138 NYSDOT ( 2.5%) $ 556 Local (Airport Budget) ( 2.5%) $ 556 Total $22, 250 RESOLVED, further, That the County's Finance Director be and hereby is authorized to advance payment for said boarding ramp until reimbursement is received from the FAA and NYDOT. SEQR ACTION: TYPE II -25 RESOLUTION NO. 123 — AWARD OF BID — RUNWAY DEICING EQUIPMENT AND PURCHASE OF DUMP TRUCK - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Department advertised for bids on de-icing equipment to be used on runways, taxiways, and ramps during icing conditions, and WHEREAS, two (2) bids were duly received, and WHEREAS, Tyler Ice of New Berlin, Wisconsin, was the lowest responsible bidder for providing the Runway Deicing Equipment that meets the operational needs of the Ithaca Tompkins Regional Airport, in the amount of $44,628, and WHEREAS, for the Runway Deicing Equipment to become operationally useful, it must fit onto a suitable Dump Truck to be purchased on New York State contract for $92,000, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for the Runway Deicing Equipment be awarded to Tyler Ice of New Berlin, Wisconsin, in the amount of $44,628 and the Dump Truck be purchased on New York State contract in the amount of $92,000, RESOLVED, further, That the grand total for the Dump Truck and Runway Deicing Equipment is $136,628 and that award and purchase of both pieces of equipment are subject to grants being received from the Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), RESOLVED, further, That the budget for said Dump Truck and Runway Deicing Equipment is as follows: FAA (95.0%) $129,796 NYSDOT ( 2.5%) $ 3,416 Local (Airport Budget) ( 2.5%) $ 3,416 Total $136,628 257 July 21, 2009 RESOLVED, further, That the County's Finance Director be and hereby is authorized to advance payment for said equipment until reimbursement is received from the FAA and NYDOT. SEQR ACTION: TYPE II -25 RESOLUTION NO. 124 — AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN AND BIDDING SERVICES FOR A SAND STORAGE BUILDING — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the new terminal ramp, runway and taxiway extensions, new T -hangar pavement, and two general -aviation ramp extensions have added approximately forty percent to the airport's paved airport operations area, and WHEREAS, the original sand storage bay in the CFR Building is no longer big enough to meet the airport's operational needs, and WHEREAS, a stand-alone sand storage building is needed to provide sufficient capacity for current and future needs, to allow for the sand to be heated, and to allow for the storage of liquid runway deicing fluid, and WHEREAS, C&S Engineers, Inc., the airport's engineering consultants, have proposed to design and bid said sand storage building for a fee of $98,040, and WHEREAS, the budget for these design and bidding services is as follows: Federal Aviation Administration (FAA) Share (95.0%) $93,138 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 2,451 Local Share (2.5%) $ 2,451 Total $98,040 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $98,040 be and hereby is approved, subject to FAA and NYSDOT funding being received and subject to an Independent Fee Estimate (IFE) being conducted to ascertain the fee is fair, RESOLVED, further, That the local share of $2,451 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -21 RESOLUTION NO. 125 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES OF RUNWAY 32 LOCALIZER ARRAY RELOCATION PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the addition of pavement to the departure end of Runway 32 to meet mandated runway safety area standards has brought aircraft operations to within 502 feet of the Localizer Array system which provides navigation aid to landing aircraft, and 258 July 21, 2009 WHEREAS, the Federal Aviation Administration's (FAA's) acceptable minimum separation distance between operating aircraft and the Localizer Array is 600 feet, and WHEREAS, the County recently awarded a contract to B&H Taxilane Lighting, Inc., of Conklin, New York, to relocate said Localizer Array, and WHEREAS, the airport's engineering consultant, C&S Engineers of Syracuse, New York, has proposed providing the necessary Construction Observation and Administration Services for the Runway 32 Localizer Array Relocation project for a price not to exceed $20,080.00 with the budget for said work being as follows: FAA Share (95.0%) $19,076 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 502 Local Share (2.5%) $ 502 Total $20,080 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $20,080 be and hereby is approved, subject to FAA and NYSDOT funding being received, RESOLVED, further, That the local share of $502 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE 1I-2 RESOLUTION NO. 126 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO COMPLETE A "GREEN" MASTER PLAN - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $285,000 to develop and complete a "Green" Twenty-year Master Plan, and WHEREAS, this Master Plan will incorporate sustainable elements into all future airport projects whenever possible, with the goal of greatly reducing or totally eliminating the airport's carbon footprint as outlined in Resolution No. 116 approved by the Legislature on July 7, 2009, and WHEREAS, the budget for these projects is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $285,000 New York State Department of Transportation Share (2.5%) Account No. HT 5601.43592 $ 7,500 Local Share (2.5%) Account No. HT 5601.45031 $ 7,500 Total $300,000 and WHEREAS, the County Legislature approved this "Green" Master Plan project at its meeting on July 7, 2009, subject to federal and state funding being received, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $285,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the local share of $7,500 has already been factored into the airport's 2009 operational budget. SEQR ACTION: TYPE 1I-20 259 July 21, 2009 RESOLUTION NO. 127 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) — PINE TREE ROAD BIKE AND PEDESTRIAN PATHS (P.I.N. 3950.43) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a Project for the Pine Tree Road Bike and Pedestrian Paths, P.I.N. 3950.43, (the Project) in the Town of Ithaca, 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 71.8 percent Federal funds and 28.2 percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation (NYSDOT) to administer the project locally, and WHEREAS, the NYSDOT requires for locally administered projects that the County appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100 percent of the non -Federal share of the costs of design, ROW, construction, and construction inspection and supervision, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project, RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the Federal and non -Federal shares of the cost of design, ROW, construction, and construction inspection and supervision work for the subject Project or portions thereof, RESOLVED, further, That the sum of $956,454.00 is hereby made available within account HZ5103.59239.53.15, Pine Tree Road Capital Project Account, to cover the cost of participation in the above 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 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 the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE I1-2 RESOLUTION NO. 128 - AUTHORIZATION TO ISSUE DESIGN APPROVAL AND ACQUIRE RIGHT OF WAY — WEST SENECA ROAD BRIDGE (BIN 3210250) OVER BOARDMAN CREEK - PIN 3755.10 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. 260 July 21, 2009 WHEREAS, construction of a replacement bridge on West Seneca Road over Boardman Creek (BIN 3210250), PIN 3755.10, (the Project) in the Town of Ulysses, with an average vehicle usage count of 1018 in April 2008, is eligible for 80 percent Federal funding, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, in accordance with applicable Federal regulations and guidelines, Right -of -Way acquisition will be necessary on three adjoining properties, which is considered de minimus in nature, and WHEREAS, completion of all procedural requirements needed prior to project design approval have been certified and approved by the County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is a Type II SEQRA action requiring no further environmental review, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents to acquire Right of Way for the referenced project. SEQR ACTION: TYPE II -2 RESOLUTION NO. 129 - AUTHORIZATION TO ISSUE DESIGN APPROVAL — CR 130, NEWFIELD DEPOT ROAD BRIDGE (BIN 3314380) OVER CAYUGA INLET - PIN 3753.21 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 7 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund reconstruction design for a bridge to carry County Road 130, Newfield Depot Road, over Cayuga Inlet (BIN 3314380) in the Town of Newfield, with an average vehicle usage count of 2513 in 2008, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, in accordance with applicable Federal regulations and guidelines, Right -of -Way acquisition will likely be unnecessary, with the possible exception of an expanded permanent easement from Norfolk Southern Rail Road, which is considered de minimus in nature, and WHEREAS, completion of all procedural requirements needed prior to project design approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is a Type II SEQRA action requiring no further environmental review, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents to acquire Right of Way, if needed, for the referenced project. SEQR ACTION: TYPE II -2 261 July 21, 2009 Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 130 - EXEMPTING INTERMUNICIPAL RECREATION PARTNERSHIP FROM HAVING TO PREPARE A BUDGET TO MEET TOMPKINS COUNTY'S BUDGET -CUTTING GUIDELINES MOVED by Mr. Burbank, seconded by Mr. Proto. Ms. Mackesey believes the title is confusing and complicates what is being requested. She said she does not support the resolution and said comparing this with TCAT and TC3 is unfair as those budgets are based on what is presented in their budgets. The Recreation Partnership is not presenting their budget at this time and said it is a negotiable item. Mr. Dennis said while he understands what was said earlier by Eric Lavine, he would like to see the resolution go back to committee for further discussion and suggested a discussion with towns take place. He said if the County were to exempt this group there will be a long line of applications for exemptions. He said he cannot support this without other funding options being explored. He is not saying that everyone has to sacrifice but look at ways to trim their budget. Ms. Robertson said the Recreation Partnership is not like the other agencies or departments. This is a very important intermunicipal group and if the County is going to stay in this partnership it needs to be a partner. The value is not just in the programs but in the trust built up between the County and the people in the municipalities. Ms. Kiefer understands Mr. Dennis as Budget Committee chair supporting Tompkins County guidelines and does not object to County representatives making a plea for help from other municipalities to cover the County's $1,459 increased share. But the Recreation Partnership has had a long and difficult history and is now a valuable entity and all the municipal members have agreed to not let individual municipal members dictate the budget, so she would not support cutting it. Mr. Proto said this is really a planning document for their budget deliberations and they will need to go back to municipalities and work out formulas. The Recreation Partnership serves approximately 4,000 kids. He understands that because these are stressful financial times the families who are taking advantage of the programs are probably amongst the most impacted by the economy. This gives their kids an opportunity to participate in activities, and noted there are some programs proposed for elimination because the Recreation Partnership could not afford to carry them any longer. He said it is important to recognize this is the beginning of their budget process and urged Legislators to support this resolution. Mr. Koplinka-Loehr said he agrees with Mr. Proto that this is a planning tool and in general he agrees that the County should honor its agreements. But he favors alerting a party of a change in a contribution level early enough so that there is time to plan and not in November when the budget is adopted. Mr. Koplinka-Loehr said while services have been provided for many years, he does not support the resolution because he does not believe providing youth recreation is part of the County's mission. Ms. Chock said she believes youth services are an important part of the County's mission. She said each Intermunicipal agreement should be treated individually. She offered a friendly amendment, which the Legislature accepted, to change the title to "Recognizing Commitment to the Intermunicipal Recreation Partnership Agreement". Ms. Chock also offered the following amendments: 262 July 21, 2009 1. Remove the following phrase from the 5th Whereas: "like it has done with other Intermunicipal agreements" and replace with "for the purposes of intermunicipal cooperation"; this was accepted as friendly. 2. Change title from: "Exempting Intermunicipal Recreation Partnership from Target Cuts", to: "Commitment to the Intermunicipal Recreation Partnership Agreement"; this was accepted as friendly. 3. Replace 1St Resolved with: "RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County will consider the Intermunicipal agreement in its budget considerations rather than be exempt from across-the-board cuts." Mr. Burbank said he had the pleasure of serving on the Recreation Partnership when he was on the Ithaca Town Board. He recalled discussion during a difficult budget year of the County's withdrawal from the Partnership and spoke of the profoundly negative impact that had on the other municipalities. He referred to the Partnership as a "four -legged stool" that needs all four legs to function. Mr. Dennis stated that the Legislature should not be exempting anyone in order for the budget process to work. Ms. Mackesey agreed with Mr. Dennis and said the Legislature needs to look at the budget in its entirety. The County is in a very serious situation and needs to be taking a realistic look at this. She cannot support this action that is outside of the County's budget process. Mr. Sigler said when the Legislature first voted to renew this agreement it came two months before the budget process and he had asked why it could not wait until the budget process. He agrees with Ms. Mackesey's comments and believes it would be better to talk about this during budget discussions rather than setting it aside as something different. He believes the Recreation Partnership is valuable, however, all of the County's programs have supporters. Ms. Robertson said there are some budgets that are acted upon outside the County's budget process and gave Tompkins Cortland Community College as an example. She spoke of intermunicipal agreements and said there is an inherent risk to having them. In some years there will be great advantages for the County and in other years it will be harder, however, the Recreation Partnership is much more cost-effective than municipalities providing services individually. She said it involves a leap of faith and statement that something is being done in the long run that is better for County residents. Ms. Kiefer referred to Mr. Koplinka-Loehr's comments and said she can understand that is a belief one can have because each municipality within the County has youth services as a possible area of work. She is surprised that Mr. Koplinka-Loehr, a long-standing champion of the County's quality -of - life, does not support County -supported youth services. Ms. Kiefer said the Recreation Partnership is unique, and therefore she does not believe this opens the door to other similar requests. Lastly, she offered substitute language for the title and in the first Resolved; both were accepted as friendly. Mr. Stevenson said as the Legislator representing the Town of Enfield the message he wishes to send is that he supports the Recreation Partnership. Mr. Shinagawa said he opposes the resolution and shares many of the sentiments expressed of Ms. Mackesey and Mr. Dennis. He would like to see effort made to show what the Recreation Partnership would look like with the reduction and what programs would be impacted. Mr. Shinagawa said he finds it hard to exempt this one particular area when the County is looking at other significant areas being cut, such as law enforcement or programs for at -risk youth. He spoke of his support for youth programs and how he fought very hard for the County to stay in the Recreation Partnership. He said 263 July 21, 2009 given other priorities the Legislature will be faced with making, his priorities are going to be with programs that can affect whether people can stay in their homes, eat, and feel safe. Mr. Koplinka-Loehr reminded the Legislature that there will still be the opportunity to vote on the impact in the form of an over -target request during the budget process. Ms. Herrera said there are points on both sides of the process issue. When people are worried about eating, staying in their homes, and paying their bills, their youth are hurting. The ripple effect from the youth hurting can be felt throughout the community. She said this presents a dilemma on both sides of the argument because she can think of other organizations that could present the same argument. She believes there are some opportunities for movement on this issue and said although she has reservations, she does not want to vote against it. Ms. Herrera clarified that although this action sends a message it does not set the budget for the Recreation Partnership; the signal that is being sent is that the County is faced with a year unlike other years, and a case is going to have to be made to justify the request. She said organizations are going to be asked to adhere to the budget guidelines that others are being asked to adhere to. A roll call vote on the resolution resulted as follows: Ayes — 6 (Legislators Burbank, Chock, Kiefer, Proto, Robertson, and Stevenson); Noes — 7 (Legislators Dennis, Herrera, Mackesey, McBean- Clairborne, Shinagawa, Sigler, and Koplinka-Loehr); Excused — 2 (Legislators Hattery and Randall). RESOLUTION LOST. WHEREAS, the Tompkins County Legislature voted in 2007 to continue its commitment as a key partner in Intermunicipal Recreation Partnership by approving the 2008-2012 Intermunicipal Recreation Partnership Agreement, and WHEREAS ..."the Partners agree to the ... cost-sharing formula [which] allocates the annual net operating costs of programs into four equal shares. The City of Ithaca agrees to pay one quarter of the net operating cost, the Town of Ithaca agrees to pay one quarter, and the County agrees to pay one quarter. The smaller municipalities agree to share the remaining quarter.", and WHEREAS, all eleven municipalities agreed that the "Recreation Partnership Board shall review preliminary budget projections in June and July and decide on the acceptable net program cost for the upcoming year by the end of July. During the budget development process, each Recreation Partnership Board member shall discuss the municipal payments needed with its municipality to determine if the preliminary budget adopted by the Recreation Partnership Board is feasible.", and WHEREAS, the Tompkins County Legislature 2010 budget target that requires a 6.25% reduction in the County's contribution to the Intermunicipal Recreation Partnership represents a unilateral reduction that affects all other partners, and WHEREAS, the members of the Intermunicipal Recreation Partnership Board have asked that the County exempt this Agreement from across-the-board budget targets, for the purposes of intermunicipal cooperation, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Intermunicipal Recreation Partnership be exempt from having to prepare a budget each year to meet any across-the-board County target setting for the life of the Agreement (2008-2012), RESOLVED, further, That Tompkins County agrees to adhere to the budgeting process in the approved Agreement. SEQR ACTION: TYPE 11-20 Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 131 - AWARD OF BID — TOMPKINS COUNTY HEALTH DEPARTMENT SITE DECONSTRUCTION/CONSTRUCTION CAPITAL PROJECT (PHASE III) 264 July 21, 2009 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. Mr. Proto commented that it has been a while since the Legislature has had an update on the Health Department Building project and requested a presentation, including an update on the status of the sale of the existing Biggs facility. Mr. Koplinka-Loehr said he will request that a presentation be scheduled. A voice vote resulted as follows on the resolution: Ayes — 13, Noes — 0, Excused — 2 (Legislators Hattery and Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Health Department Site Deconstruction/Construction project (Phase III), and WHEREAS, two (2) bids were received and publicly opened and read on July 2, 2009, now therefore be it RESOLVED, on recommendation of the Health Department Building Construction and the Facilities and Infrastructure Committees, That the base bid plus three (3) alternates for removal of remaining asphalt and installation of 2" binder and 1" top coat (Alt. No. 1), hydroseed for no -mow grass (Alt. No. 2), and granite curbs (Alt. No. 3) be accepted and awarded to the lowest responsible bidder as follows: Site Contract Economy Paving Co., Inc. $511,439 Cortland, NY RESOLVED, further, That the County Administrator or his designee is hereby authorized to enter into a contract with Economy Paving Co., Inc., 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 RESOLUTION NO. 132 - AUTHORIZING ACCEPTANCE OF A (PHASE II) FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO REMOVE OBSTRUCTIONS; FOR A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC.; FOR CONSTRUCTION OBSERVATION SERVICES FOR OBSTRUCTION REMOVAL; FOR A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., TO DESIGN A SAND STORAGE BUILDING; AND TO PURCHASE A PASSENGER BOARDING RAMP FOR THE DISABLED, RUNWAY DEICING EQUIPMENT, AND A MULTI-PURPOSE SNOW - REMOVAL LOADER - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present. WHEREAS, the Federal Aviation Administration has been authorized to make a Phase II grant offer of $505,135 to help finance the above mentioned projects and equipment purchases, and WHEREAS, the budget for these projects is as follows: Federal Aviation Administration — (95.0%) Account No. HT5601.44592 $505,135 New York State Department of Transportation — (2.5%) Account No. HT 5601.43592 $ 13,293 Local — (2.5%) Account No. HT 5601.45031 $ 13,293 Total $531,721 ,and WHEREAS, all the above named projects and equipment purchases will have been approved by the County Legislature before construction or purchase, subject to Federal and State funding being received, now therefore be it 265 July 21, 2009 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $505,135 be accepted, RESOLVED, further, That in the event additional Federal discretionary funding is available, and the FAA increases the Federal grant offer to $688,766 to allow for the addition of two light towers as an add-on to the Obstruction Clearance bid, then and in that event the grant offer of $688,766 be accepted, RESOLVED, further, That the local share of $13,293 will come from the airport's 2009 operational budget, RESOLVED, further, That in the event the Federal grant is increased to $688,766 the NYSDOT share would increase by $4,832 and the airport share would also increase by $4,832; the additional airport share also coming from the 2009 airport operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 * * * * * * * * * * * Presentation of Appointment(s) from the Planning, Development, and Environmental Quality Committee It was MOVED by Ms. Mackesey, seconded by Ms. Robertson, to approve the following appointment: Planning Advisory Board Minakshi Amundsen — At -large representative; term expires December 31, 2011 Ms. Chock commented that she thinks this person would be a wonderful addition to the Planning Advisory Board, but would be more appropriate representing the education seat. She believes it would be a conflict of interest for this individual to represent planning interests in an at -large seat. Ms. Herrera disclosed that she is employed by Cornell University and works in the Facilities division and has served with this individual in several capacities. She believes this individual's credentials are impeccable and having her sit at the table would be good for Tompkins County. She does not object to her serving as an at -large member. Mr. Wood does not believe there is a conflict of interest with Ms. Herrera's disclosure. A voice vote resulted as follows on the appointment: Ayes — 12, Noes — 1 (Legislator Chock), Excused — 2 (Legislators Hattery and Randall). APPOINTMENT CARRIED. Report and Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, reported the Committee met on July 10th and had an update on various policies and a presentation from the Assessment Department on a study performed by Jay Franklin, Assistant Assessment Director, on other counties' assessment practices. He developed cost projections on what it would look like if it were done differently and concluded Tompkins County's present system is the most consistent and effective system. RESOLUTION NO. 133 - SUPPORTING THE NEW YORK STATE FAIR PAY ACT OF 2007 (ASSEMBLY BILL NO. A3911; SENATE BILL NO. S955) (Postponed to August 4, 2009 and adopted) MOVED by Mr. Shinagawa, seconded by Ms. Herrera. Ms. Robertson said her concern is that this County went through a long and complicated process removing stereotyping from job classifications in trying to assign weight -based criteria on a variety of factors. She said she would like additional time to review this legislation. 266 July 21, 2009 Ms. Kiefer said she supports two potential bills in the State Legislature that are intended to make it a violation of human rights law to discriminate between male and female employees by compensating employees of different genders differently for work of comparable worth. The legislation also attempts to ensure pay differential is not based on a person's sex, national origin, or race. Mr. Proto said he sees this legislation as proposing equal pay for equal worth; Mr. Shinagawa said that is an accurate statement. Mr. Proto said he, too, would like to have time to review the legislation. Mr. Shinagawa suggested Mr. Proto Table the resolution rather than refer it to committee. It was MOVED by Mr. Proto, seconded by Ms. Robertson, to postpone the resolution to the next meeting. Ms. Herrera said while she can understand some Legislators wanting time to review this further, she would like to see this approved this evening. She spoke about comparable worth and said this legislation deals with discrimination in job titles traditionally held by women and persons of color. This action supports legislation to remove barriers that prevent women and people of color from receiving comparable pay for comparable -worth work. Mr. Sigler said he would like to know how this is different from any existing legislation. Ms. Chock clarified the current law allows men and women to be given different titles for essentially the same work; this legislation does not allow men and women with the same jobs to be classified differently. A voice vote resulted as follows on the motion to postpone: Ayes — 9 (Legislators Dennis, Kiefer, Mackesey, McBean-Clairborne, Proto, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 4 (Legislators Burbank, Chock, Herrera, and Koplinka-Loehr); Excused — 2 (Legislators Hattery and Randall). MOTION TO POSTPONE CARRIED. WHEREAS, the very first bill signed into law by President Obama was the Lilly Ledbetter Fair Pay Act, which restored the 1964 Civil Rights Act's Equal Pay Protection for persons whose jobs involved the same work, WHEREAS, the Ledbetter Act does not address pay inequities across different but equally valued job titles, and WHEREAS, the New York State Fair Pay Act (A3911, S955) addresses this problem by amending Capital Labor Law to ensure pay differential is not based on a person's sex, national origin, or race, and WHEREAS, another bill (A2351/S2968) amends Executive Law to make it a violation of Human Rights Law to discriminate between male and female employees by compensating employees of different genders differently for work of comparable worth, and WHEREAS, both of these bills should result in removing discrimination in job titles traditionally done by women and people of color, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Tompkins County Legislature recognizes the need for the New York State Fair Pay Act and its companion bill and urges the New York State Assembly and Senate to pass, and the Governor to sign, this important Legislation, RESOLVED, further, That copies of this resolution be sent to our State Senators and Assemblywoman, the Chairs of the relevant State legislative committees, the Governor, and the New York State Association of Counties (NYSAC). SEQR ACTION: TYPE II -20 267 July 21, 2009 Ms. Herrera said she would like the County Attorney and the relevant committee to examine the bylaws and charters of organizations such as TC3, the public library, and TCAT, and why these have been allowed to propose separate -from -county budgets. In addition, she requested there be an examination of the charters and bylaws of intermunicipal groups to see whether any of these could argue they are similar, and whether the county has agreed in any of these documents, to allow them to set a budget number that differs from the budget set by the County. She asked the Government Performance and Workforce Relations Committee to consider a policy on intermunicipal organizations to clarify which sets its own budget. Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 134 - AUTHORIZATION TO ACCEPT FUNDS, EXECUTE MULTI-YEAR CONTRACTS, CREATION OF POSITION AND BUDGET ADJUSTMENT — TOBACCO CONTROL PROGRAM COMMUNITY PARTNERSHIP — HEALTH DEPARTMENT MOVED by Mr. Burbank, seconded by Ms. Kiefer. Mr. Proto said the grant is $160,000 per year for five years for a total of $800,000. There is a smoking ban in restaurants, bars, County buildings and vehicles; an increase in the anti-smoking advertisements; products have been moved to behind sales counters; and locked access ports in tobacco shops have been instituted. He said everyone has had friends and family members impacted by the side effects of tobacco. He is not opposed to what has already been done but this action takes it one step further. He requested a report be given to the Health and Human Services Committee on all of the activities that have taken place and if they have achieved the goals that have been established. Ms. Robertson congratulated staff in getting this very competitive award. There is clearly a long way to still go as this is the leading preventable illness that causes death in the country. Mr. Dennis said Mr. Proto should be provided with all of the information he requested and commented that smoking should be banned in all public places. Mrs. McBean-Clairborne said this is a grant for $160,000 per year and noted the position being created will only continue as long as 100% of the grant funding will be available. In reference to the proposed smoking ban on the Commons, she said there will be public meetings held. Mr. Sigler said he supports the resolution and views smoking as a generational issue, as time moves forward the less smoking there will be. A voice vote resulted as follows on the resolution: Ayes — 12, Noes — 1 (Legislator Proto), Excused — 2 (Legislators Hattery and Randall). RESOLUTION ADOPTED. WHEREAS, the New York State Department of Health (NYSDOH) has awarded the Tompkins County Health Department five-year grant funding of $160,000 per year, for a Tobacco Control Program Community Partnership for the period August 1, 2009, through June 30, 2014, and WHEREAS, the purpose of this community partnership funding will be to engage local stakeholders, educate community leaders and the public, mobilize community members and organizations, strengthen tobacco -related policies, prevent and reduce tobacco use, and limit opportunities for exposure to secondhand smoke, and WHEREAS, to accomplish the goals of this grant the DepaiInient requests the creation of one full-time position of Health Educator to fulfill strategies and activities in the work plan, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Finance Committees, That the Health Department is authorized to accept said funds, 268 July 21, 2009 RESOLVED, further, That the Department is authorized to execute any and all agreements necessary to complete the requirements of the grant, RESOLVED, further, That one position of Public Health Educator (13/763), labor grade M (13), competitive class, 35 hours per week be created effective August 1, 2009, RESOLVED, further, That said position would only continue so long as one -hundred percent grant funding is available, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment on his books for the Tobacco Control grant: REVENUE: 4016.43489 Other State Grants $56,264 APPROPRIATION: 4016.51763 Public Health Educator $18,209 .52206 Computer Equipment $ 2,400 .54330 Printing $ 5,000 .54333 Education & Promotion $ 4,000 .54412 Travel and Training $ 1,500 .54414 Local Mileage $ 400 .54442 Professional Service Fees $16,000 .54452 Postage $ 2,200 .58800 Fringes $ 6,555 SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Soil and Water Conservation District attended the last meeting and reported that to -date they have not received any money from the State for their programs. Tompkins County Area Development provided a report and the Planning Department has completed a renter's survey of rental units around the County with results being available on the website. Ms. Mackesey also reported that funding has been awarded for the Pony Hollow Aquifer Study. Ms. Robertson announced Ms. Mackesey was appointed as the Chair of the Program Oversight Committee for the Housing Fund Program. Report from the Budget, Capital and Finance Committee Mr. Dennis, Chair, reported the 2009 budget may need some adjustments as a result of a shortfall in sales tax as it is anticipated that there will be a $2 million deficit. Mr. Squires, Mr. Mareane, and Ms Jayne are meeting regularly to discuss this and reviewing ideas to balance the budget. Mr. Mareane will be presenting recommendations at the next Committee meeting for consideration and discussion. Report and Resolution(s) from the Public Safety Committee Ms. Robertson, Chair, reported the Committee met yesterday and went through rollover requests and discussed 2010 budget impacts. Patricia Carey, Social Services Commissioner, reported on the alternatives -to -incarceration evaluation. Deana Bodnar of the Social Services Department will be working on that and has established a preliminary timeline for the work. The final report should be completed in January. The Assigned Counsel Task Force continues to meet and she expects to present a report to the Committee in September, but noted there is no plan to suggest a radical change to the existing system. The Sheriff received approval today from the Commission of Corrections for a variance to double -cell 18 beds in the jail for up to six months; this should help reduce the number of inmates being boarded out to other facilities. At the end of June, $156,000 had been spent on board -outs in 2009. In response to Mr. Proto's question concerning the Department of Social Services doing the alternatives -to -incarceration evaluation, Ms. Robertson said the Department completed the original report 269 July 21, 2009 in 2003. Mr. Proto said as Chair of the Health and Human Services Committee, he would have appreciated being involved in these discussions and requested inclusion in the future. RESOLUTION NO. 135 - APPROPRIATION FROM GENERAL RESERVE FUND FOR THE PURCHASE OF TEN SCRAM (SECURE CONTINUOUS REMOTE ALCOHOL MONITORING) UNITS FOR THE TOMPKINS COUNTY PROBATION AND COMMUNITY JUSTICE DEPARTMENT MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Mr. Shinagawa said he received a lot of information and is convinced the units are very cost effective and save on incarceration costs. However, he believes it is important that when going forward with these kinds of expenses that the benefits are clear. Ms. Robertson noted that this is funded with DWI fine money and not taxpayer dollars. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Hattery and Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County STOP -DWI Program is providing the Tompkins County Probation and Community Justice Department with ten SCRAM (Secure Continuous Remote Alcohol Monitoring) devices and one year of continuous alcohol monitoring costs to monitor offenders, and WHEREAS, a SCRAM unit is a bracelet worn on the ankle and monitors alcohol use 24 -hours per day, and WHEREAS, STOP -DWI fine money was collected and placed into a reserve fund and is available for uses that promote public safety and offender accountability, and WHEREAS, funds are intended to cover the full costs of the ten SCRAM units and one year of monitoring services at the cost of $15,000 for the SCRAM units and $19,345 for daily monitoring fee of $5.30 a day, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Finance Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for purchase of 10 SCRAM units and pay for one year of monitoring services: FROM: A4250 Reserve Fund $34,345 TO: A4250.52220 Departmental Equipment $34,345 RESOLVED, further, That the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE I1-20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met since the last Legislature meeting. She thanked Ms. Herrera for mentioning the hate crime under Privilege of the Floor and spoke briefly of how difficult it is for prosecutors to prove hate crimes. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee met yesterday and had a lengthy discussion of Rule XVII — Acquiring and Disclosing Information. She said the Committee will bring proposals to amend the Rules of the Legislature to the Legislature for consideration in sections. Ms. Robertson spoke concerning Rule XVII and requested a copy of the information presented by Department Heads. Report from the Health and Human Services Committee 270 July 21, 2009 Mr. Proto, Chair, reported the Committee met on July 14 and had a lengthy discussion on the Recreation Partnership target -exemption request. The Committee will be working on the resolution to award a bid for the rural feeder proposal for Ithaca Dispatch. There is concern that a good share of the County is underserved by the TCAT service because rural residents cannot get to the bus stops. The Committee was reluctant to award the contract until a number of questions were answered. Mr. Proto reminded members if they have concerns or questions they should submit them to Deana Bodnar at the Department of Social Services. The next meeting will be August 11th Mr. Proto spoke of his attendance at the 60th anniversary of the Slaterville Fire department and the 50th anniversary of the ambulance squad. There is a unit within the ambulance that can do vitals and transmit to the Emergency Room so that the hospital has the information upon the patient's arrival. The unit costs approximately $25,000; Bangs Ambulance is scheduled to get one. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on July 16 with most of the business being reflected in resolutions on the Legislature's agenda. Departments began providing the Committee with updates on the impacts of the 2010 budget. They have been working to find areas to cut and cooperate during this very difficult budget climate. The Air Service Board met yesterday and discussed the great increase in enplanements over last year. Approval of Minutes of June 22, 2009 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 June 22, 2009, meeting as submitted. Recess Mr. Koplinka-Loehr declared recess at 8:20 p.m. The meeting reconvened at 8:28 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session to discuss personnel and labor negotiations. An executive session was held from 8:28 p.m. and returned to open session at 9:01 p.m. Adi ournment On motion the meeting adjourned at 9:01 p.m. 271 August 4, 2009 Regular Meeting Call to Order Chair Koplinka-Loehr called the meeting to order at 5:30 p.m. Pledge of the Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 12 Legislators (Mr. Shinagawa arrived at 5:35 p.m.). Excused: 3 (Legislators Burbank, Mackesey, and Randall). Moment of Silence Mr. Koplinka-Loehr requested a moment of silence in memory of Emergency Response employee Douglas Rutan's passing. Privilege of the Floor by the Public Mike Lane, Dryden, spoke of the need to be aware the economic recovery could be as bad as the recession itself. He said in light of the economic downfall it is important to maintain the basics: public safety, maintaining roads and bridges, appropriate health needs, and the safety net provided through Social Services. Upon recovery, other initiatives could be undertaken, but now is the time to hold the line. Privilege of the Floor by Legislators Greg Stevenson, District No. 8 Legislator, provided information on Mr. Rutan' s memorial services and donations. Mr. Shinagawa arrived at this time. Mr. Proto, District No. 7 Legislator, called attention to an insert coming with New York State Electric and Gas Corporation billings regarding a two percent surcharge on the delivery portion of gas bills as a result of State Legislation. He announced the annual Veterans Watch Fire is scheduled for 6:00 p.m., September 18th, at Myers Park in Lansing. Ms. Robertson, District No. 13 Legislator, spoke of her participation in a trip to Washington, D.C., to celebrate the 44th anniversary of Medicare and to meet with the Congressional delegation on behalf of single -payer health insurance. She met with staff from Senator Gillibrand's office as well as Congressman Arcuri and his key staff. The Congressional representatives are back in their home offices and she suggested individuals contact them to discuss the health plan. Ms. Robertson spoke of an NPR report concerning individual behaviors that have disrupted public meetings to the point where constituents have not been able to discuss concerns. She then spoke of bipartisan passage of the Kucinich amendment that would allow individual states to have a single -payer system if desired. She noted the report recently released by Governor Paterson's comparing costs of four types of health care systems showing that $20 billion could be saved if the State went to a single payer system similar to Medicare. Ms. Chock, District No. 3 Legislator, wished her mother-in-law a happy 90th birthday, and said she still does volunteer work at the hospital and library and is hopeful for the passage of the single -payer health insurance resolution. The Sciencenter's extended an invitation to the opening of the Asteroid Station Exhibit along the Carl Sagan Planet Walk on August 17th at noon. The exhibit was largely funded 272 August 4, 2009 by a grant that utilized room occupancy tax funds. The 41/2 billion year old asteroid is located on Seneca Street outside of the Tompkins Trust Company drive-through. Mr. Sigler, District No. 6 Legislator, agreed with Ms. Robertson that constituents should contact their Federal representatives and voice any concerns they have. He said while disrupting meetings is not the best way to let concerns be known, it is the right of individuals to be angry and have their voices heard as well. Not all people are in favor of a public health plan or universal health care and they should be heard, but should be respectful. Mrs. McBean-Clairborne, District No. 2 Legislator, announced the National Night Out events that would occur this evening at Titus Towers and Conway Park. The event is held the first Tuesday in August and is designed to bring neighbors together as well as having public safety officers increase awareness about programs in communities, such as drug prevention, town watch, and other anti-crime efforts. Ms. Herrera, District No. 5 Legislator, spoke about the disruption at town hall meetings and said she heard suggestions that participants must sign in and wear nametags, which leads to more civil discourse. In addition, a statement was made at one meeting about the history of public discourse, explaining this right to speak your mind at public meetings should be respected. She said this statement seemed to make a difference in the tone of the meeting, and could lead to public discourse that aids in reforming the health care system. Report from a Municipal Official Bill Goodman, Town of Ithaca Board Member, reported the Codes and Ordinances Committee has been working on a stream setback law to regulate development and protect buffer zones. The Planning Committee is undertaking the initial review of the draft Route 96 Corridor Study. One recommendation was nodal development around the hospital, as well as one around Jacksonville. The Committee is also looking at requests from residents for a moratorium regarding development on West Hill. Neighbors have expressed concern with increased traffic as a result of the two projects: Holochuck Homes by the hospital with 105 homes, and Carrowmoor with 400 units on the north side of Route 79. As Chair of the Ad Hoc Committee regarding trails he is working on securing funds from Congressman Hinchey for the Gateway Trail. A recent survey of residents along trails indicates a favorable experience using and residing near them. The Committee is also looking into possible new trails on West Hill. Ms. Chock asked if he was aware of the recent information regarding the Department of Environmental Conservation's recommendation of a one -hundred foot setback for streams. Mr. Goodman was not and noted his Committee has two different zones they are considering each based on the size of the watershed. Presentation — Board of Elections Ms. Cree and Mr. DeWitt, Election Commissioners, provided Legislators with information on the normal functions and duties of the Board of Elections as well as an update on the new voting equipment. For the November 2009 Election, the new optical scan voting machines will be used as a pilot program in the City of Ithaca, with full implementation of the new equipment countywide in 2010. To accommodate the new voting machines, the polling sites have been modified, including the required staffing needed. 273 August 4, 2009 Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 136 - ENDORSING THE GRANT APPLICATION OF CLARITY CONNECT, INC., TO THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM (BTOP) AND THE BROADBAND INITIATIVES PROGRAM (BIP) FOR THE PURPOSES OF EXPANDING BROADBAND ACCESS TO UNSERVED AND UNDERSERVED COMMUNITIES OF TOMPKINS COUNTY MOVED by Ms. Chock, seconded by Ms. Kiefer. Ms. Chock provided an overview of the Notice of Funding Application, and noted, if successful, it would bring Federal dollars into the County. At the Committee meeting the County Attorney clarified that the term "endorsement" is not a legal and binding term with regard to the County. She reported Cayuga County passed a similar resolution on behalf of Clarity Connect, Inc., yesterday and urged the Legislature to support the resolution. In response to a question regarding the terminology "private -public partnership", Chuck Bartosch of Clarity Connect, Inc., explained it means a public entity with private partners or a private entity working with other partners. The term does not have any legal weight and is one of the items being reviewed within the application. Mr. Hattery asked who would control and maintain the infrastructure once complete. Mr. Bartosch explained as the lead agency he is responsible unless specific approval to sell or give such rights is provided from the Federal government. With regard to Mr. Hattery's question about competitors, Mr. Bartosch said he has contacted other service providers who have indicated support of Clarity Connect, Inc., to make the proposal. Due to the competitive nature of the business, Mr. Bartosch offered to meet privately to indicate the companies he has had discussions with. Mr. Hattery said the government does not have any record of who is unserved or underserved and asked how that would be determined. Mr. Bartosch explained that Clarity is in the process of entering addresses and doing testing now but he did not have specific information at this time. Mr. Proto thanked Ms. Chock for her assistance with questions regarding the resolution. He said he is not opposed to broadband and noted Mr. Bartosch is working with individuals in Danby on the project. He also is aware that Dryden recently was awarded $400,000 for a broadband project. He has concerns that the term "endorse" that, although required in the application, may not be appropriate in this case. In addition, he believes the towns should be involved in the application process since it could be a source of revenue like cable franchises were. He believes the resolution would be more appropriately handled by Tompkins County Council of Governments. Mr. Dennis asked if the County would have any responsibility for the broadband infrastructure if Clarity Connect, Inc., failed after being awarded the contract. Mr. Wood said there is no legal obligation on the County; it is simply endorsing the application. Ms. Robertson said Mr. Bartosch had assisted Dryden with their application for State funding they have been promised. She said the timing of this application would not coincide with the next Tompkins County Council of Governments meeting. The grant would greatly assist the rural areas of the County; youth would have access for schoolwork, and it would increase business opportunities, providing an even playing field for all residents. In response to Ms. Robertson's question on the amount of the grant, Mr. Bartosch said he is asking for $8 million, one-third of which would be spent in Tompkins County. It was noted municipalities would have to agree to the project as well. 274 August 4, 2009 Mrs. McBean-Clairborne asked for clarification of the "public-private partnership" term referenced within the resolution. Mr. Wood said it is ambiguous and has no actual definition. It is being encouraged that the application include public-private cooperation as part of the awarding of points; to remove that particular language may weaken the application. Mr. Bartosch said the application is a competitive national process that is looking to see how committed communities are to the project. He again stated it is strongly encouraged it be used in the application but does not legally obligate the County. Mr. Sigler asked if the term public was meant to increase service due to the broadband backbone, and questioned Mr. Bartosch's interest in taking this project on. Mr. Bartosch explained broadband is a public benefit and he has a strong desire to provide that service to everyone. Mr. Proto reiterated the fact that it is known it would benefit rural areas. He said he does not support the resolution due to the concern that by endorsing one applicant it may deter other businesses from doing so. He is pleased to hear municipal endorsement is part of the application process and again encouraged an endorsement from Tompkins County Council of Governments. Ms. Chock noted the Tompkins County Public Library would be applying as part of the state- wide library group, and she hopes the emergency responder/public safety areas would apply for a future grant. Ms. Herrera said her vote against the resolution is not a vote against broadband. She expressed concern regarding transparency; voting on a proposal not yet seen, and specifically endorsing one firm, is not the manner in which she would like to proceed. She would like to have broadband, but suggested the Tompkins County Council of Governments hold a special meeting. She also suggested removal of Clarity Connect, Inc., from the resolution to indicate endorsement of the concept rather than a specific business. Ms. Robertson said she would speak to the Chair of Tompkins County Council of Governments about scheduling a meeting. She also commented that the Legislature often supports grant proposals without having fully read all the documents being submitted. Ms. Chock noted the Tompkins County Council of Governments has discussed broadband, but referred it back to each governing municipality. Ms. Herrera stressed the importance of transparency and said there is a fiscal and moral responsibility in pursuing the endorsement of an outside business. Ms. Kiefer said for many years she has hoped County staff could undertake a project such as this, but understands staff time is limited. With regard to transparency, she believes it would be inappropriate to review the application, particularly since the private business does not have it fully complete. Ms. Kiefer spoke of the Legislatures history of providing letters of support in many areas and hopes Legislators opposed to the resolution would reconsider and understand what such broadband would mean to all residents of the county. Mr. Potter said with regard to understanding the Broadband Federal Stimulus funding for this type of project, Mr. Bartosch is the most knowledgeable. The proposed project is very complicated and the County's infrastructure is on the fringe of the project, there may be future partnerships with the County that could occur, but that is premature at this time. A voice vote on the resolution resulted as follows: Ayes — 9; Noes — 3 (Legislators Hattery, Herrera, and Proto); Excused — 3 (Legislators Burbank, Mackesey, and Randall). RESOLUTION ADOPTED. 275 August 4, 2009 WHEREAS, deploying broadband networks and advanced communications services throughout Tompkins County will enable continued improvements in community anchor institutions, such as public safety and healthcare, in community support organizations, in economic development, and in meeting local consumer needs, and WHEREAS, there are unserved and underserved areas of the County, particularly rural areas, that do not have access to low-cost, high-capacity broadband services, and WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) is providing funding through a national competitive grant process administered by the United States Depai tment of Commerce National Telecommunications and Information Administration (NTIA) Broadband Technology Opportunities Program (BTOP) and the United States Department of Agriculture Rural Utilities Service (RUS) Broadband Initiatives Program (BIP) to expand broadband communications services and infrastructure, and WHEREAS, on February 18, 2009, Tompkins County, in response to Governor Paterson's request for ARRA needs of local communities, included broadband expansion among the list of key reinvestment priorities for the County and its sixteen municipalities, and WHEREAS, Clarity Connect, Inc. (Clarity), a local Tompkins County -based telecommunications provider, desires a public-private partnership with the County and other local municipalities to support Clarity's application for NTIA BTOP or RUS BIP funding for the purposes of deploying advanced broadband communications in unserved and underserved areas of the County, and WHEREAS, Clarity's partnership program will include components to provide education to users and outreach to families in how to use broadband for education, eGovernment (electronic access to government information, services, and programs), and other services, and WHEREAS, Clarity's partnership program will work with local schools and other entities to determine methods to provide reduced -cost service to families who cannot afford broadband access, and WHEREAS, Clarity proposes to implement a flexible technology that will mix fiber, wireless, and a hybrid fiber -wireless system to provide a "middle mile" backbone through which additional providers will be able to provide public or private customer service, and WHEREAS, because of its sheer size and complexity this broadband initiative could not be achieved by the County at this time on its own, and could not be implemented by Clarity but for the NTIA BTOP or RUS BIP grant, and WHEREAS, Clarity has sought and received support of this application from other competing local and regional "Last -Mile" service providers, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature, by way of this resolution, endorses Clarity's application to the NTIA BTOP/RUS BIP programs, RESOLVED, further, That should Clarity receive an award, the County will work with other local municipalities that support Clarity's partnership program to take the required actions needed to continue investment in and address barriers to the development of advanced broadband communications for County residents, businesses, and community institutions. SEQR ACTION: TYPE II -20 * * * * * * * * * * Explanatory Note: Intended to provide a stimulus to the U.S. economy, the American Recovery and Reinvestment Act of 2009 offers several measures to help improve local infrastructure, including "supplemental investments"of $7.2 billion for national broadband expansion. These funds are being distributed through competitive grant programs, which allow private parties, such as Clarity Connect, Inc. (Clarity), to apply for funding. The program guidelines (Notice of Funds Availability announcement, July 2009), encourage cooperation between the private and public sectors, emphasizing collaboration, innovation, and creativity in the approach for broadband infrastructure development. In its grant application, Clarity proposes a coordinated approach to addressing the challenge of rapidly expanding the access and quality of broadband services throughout Tompkins County. This resolution serves as the County Legislature's endorsement of Clarity's application by: 276 August 4, 2009 • Acknowledging the effort of a local telecommunications entity engaging in a national competitive grant opportunity; • Acknowledging the need for broadband infrastructure development in the County to help bridge the "digital divide" for underserved and unserved communities; • Recognizing the growing importance of access to broadband services for bolstering local economic development and for improving quality of life for County citizens. Although helping to strengthen the viability of the application, this resolution is not an exclusive endorsement. Any eligible public or private entity that meets grant program requirements can request a similar statement of support from the Legislature. Chair's Report and Appointment Mr. Koplinka-Loehr announced the County Blood Drive would be held at the Tompkins County Public Library from 9 a.m. to 3:30 p.m. on August 11th Mr. Koplinka-Loehr made the following appointment: Timothy Grippen as the Employment Service Trade, Adjustment Assistant, Veterans Employment and Training, or Unemployment representative to the Workforce Investment Board for a term to expire June 30, 2011. Report from the County Administrator Mr. Mareane introduced recently hired Program Analyst Kevin Sutherland. Mr. Sutherland is a graduate of SUNY Oswego, having just completed his Masters at the Maxwell School in Syracuse. He worked in the city of Oswego for the New York State Attorney, provided service for Cornell University, Tompkins Consolidated Area Transit for four months, and was President of the student body in Oswego. Mr. Mareane said his background would benefit the work he will be doing for the County. Mr. Mareane said he will be attending the next Budget, Capital, and Finance Committee to discuss mid -year budget adjustments in order to keep the budget in alignment this year and propose some policy recommendations for consideration. The 2010 budget requests have been received and the review process by Administration has begun. Report from the County Attorney Mr. Wood reported the draft Request for Proposals for the Recycling and Solid Waste Center has been issued, with the sixty-day comment period now beginning. Report from the Finance Director Mr. Squires said he had no report. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by Mr. Shinagawa, and unanimously adopted by voice vote by members present, to add the following resolution to the agenda: Ratification of Bargaining Agreement — Correction Officer's Local 2062 Union. Withdrawal of Resolution(s) from the Agenda 277 August 4, 2009 Mr. Koplinka-Loehr granted Ms. Chock permission to withdraw from the agenda the resolution entitled Endorsing the Grant Application of Clarity Connect, Inc., to the National Telecommunications and Information Administration (NTIA) Broadband Technology Opportunities Program (BTOP) and the Broadband Initiatives Program (BIP) for the Purposes of Expanding Broadband Access to Unserved and Underserved Communities of Tompkins County. Approval of Appointment(s) Under the Consent Agenda There were no appointments under the Consent Agenda. Approval of Resolution(s) Under the Consent Agenda There were no resolutions under the Consent Agenda. Report from the Planning, Development, and Environmental Quality Committee Ms. Chock, Vice Chair, reported the Committee would meet on August 12th Report and Presentation of Resolution(s) from the Budget, Capital, and Finance Committee Mr. Dennis said the Committee would meet on August 10th and will hear suggestions regarding the 2009 budget. He announced the final Expanded Budget Meeting calendar is now available. It is hoped that all meetings would be videotaped to provide information to anyone not able to attend the meetings. Ms. Kiefer asked if they would be broadcast; it was noted by Ms. Lynch there are some conflicts with the broadcast of City meetings. Mr. Blizzard also stated the meetings would be available online as well as having copies available for viewing. RESOLUTION NO. 137 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT FUNDS FROM 2008 TO VARIOUS ACCOUNTS MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll call vote on the resolution resulted as follows: Ayes — 11; Noes — 0; Excused — 3 (Legislators Burbank, Mackesey, and Randall); Temporarily Out of Room — 1 (Legislator Sigler). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2008 resulting in a surplus of $1,207,714 on the County's books as of December 31, 2008, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $329,185 current year budget, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Finance Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance TO: Department Assigned Counsel Emergency Response Emergency Response SEQR ACTION: TYPE II -20 Use of funds Salary Adjustment Service Contracts Communications Equipment * * * * * * * * * * 278 Account 1170.51000670 3411.54425 3410.52222 $48,763 Requested Rollover $ 4,042 $20,000 $24,721 August 4, 2009 RESOLUTION NO. 138 — APPROPRIATION FROM CONTINGENT FUND — LEASE AGREEMENT BETWEEN THE COUNTY AND THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT MOVED by Mr. Dennis, seconded by Mr. Stevenson. A short roll call vote on the resolution resulted as follows: Ayes — 11; Noes — 0; Excused — 3 (Legislators Burbank, Mackesey, and Randall); Temporarily Out of Room — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, on November 10, 2008, the Tompkins County Soil and Water Conservation District Board of Directors passed a resolution in support of entering into a lease agreement with Tompkins County, and WHEREAS, the Tompkins County Legislature passed Resolution No. 269 "AUTHORIZING A LEASE AGREEMENT BETWEEN THE COUNTY AND THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT" on December 16, 2008, and WHEREAS, the rental cost at the previous location of the Soil and Water Conservation District/National Resource Conservation Service (SWCD/NRCS) office is prohibitive to both the SWCD and Tompkins County, and WHEREAS, the ICS Press site on Hanshaw Road in the Town of Dryden was identified as the best fit for this purpose, and WHEREAS, $35,000 was earmarked in the 2009 Contingent Fund for the Soil and Water Conservation District, specific to rental payment, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for year two of the lease agreement with the landlord, Schug Realty, LLC, for the period of July 2008, through July 2013: FROM: A1990.54440 Contingent Fund $31,585.13 TO: 8730.54432 Program Expense $31,585.13 SEQR ACTION: TYPE II -20 ********* RESOLUTION NO. 139 - RATIFICATION OF BARGAINING AGREEMENT — CORRECTION OFFICER'S LOCAL 2062 UNION MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 2 (Legislators Hattery and Proto); Excused — 3 (Legislators Burbank, Mackesey, and Randall). RESOLUTION ADOPTED. WHEREAS, the Corrections Officer's Unit contract expired December 31, 2008, and WHEREAS, Tompkins County and the Correction Officer's Local 2062 Union have negotiated a new contract, now therefore be it RESOLVED on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Correction Officer's Union, Local 2062, for the period of January 1, 2009, through December 31, 2009, with an increase of 2.25 percent on base salary, is hereby ratified. SEQR ACTION: TYPE II -20 * * * * * * * * * * Report from the Public Safety Committee Ms. Robertson, Chair, reported the Committee would meet on August 17t. Ms. Bodner of the Department of Social Services will be providing a report on the Alternative to Incarceration Evaluation. 279 August 4, 2009 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met. She called attention to the request for a disclaimer regarding access to meetings for the disabled and said it is important to develop a process outlining procedures when a request is received. Report from the Legislative Rules and Procedure Committee Ms. Kiefer, Chair, anticipates having a portion of the recommended changes to the Rules of the Legislature ready for review prior to the next Legislature meeting. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee would meet on August 11th. He reminded Legislators the rural feeder resolution from the last Health and Human Services Committee (HHS) would be coming forward to the Budget, Capital, and Finance Committee on August 10th. Mr. Proto requested that the Legislature be provided with an update of the new Health Department Building as well as the disposition of the Biggs property in the near future. Ms. Herrera said one item regarding the rural feeder resolution that was noted by Mr. Turcotte of TCAT is the fact that deadhead (no riders) hours would not be reimbursed. She acknowledged her appreciation of the thoroughness of their review of the proposal. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee meets on August 20th. RESOLUTION NO. 140 — APPROVAL OF AMENDED BYLAWS AND INCREASE MEMBERSHIP — AIR SERVICE BOARD MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. Ms. Herrera expressed her disappointment that all members would be residents of the County with the exception of the Cornell University representative. She believes all boards should have a County residency requirement, however, she recognizes the good work done by the Air Service Board and will support the resolution. A voice vote on the resolution resulted as follows: Ayes — 12; Noes — 0; Excused — 3 (Legislators Burbank, Mackesey, and Randall). RESOLUTION ADOPTED. WHEREAS, the current membership of the Air Service Board (ASB) is seven members and the committee would benefit from the addition of an At -Large member bringing the total membership to eight, and WHEREAS, after several years experience, it is desirable to adjust the ASB responsibilities, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bylaws for the Air Service Board that were adopted by the Tompkins County Legislature, on December 20, 2005, be amended as follows: Section 1. Appointment Procedure. a. Voting Members The ASB shall have eight voting members, all residents from Tompkins County with the exception of the Cornell University Representative, as follows: • Member of the Legislature • Commissioner of Planning and Public Works • Representative of Cornell University with functional 280 August 4, 2009 responsibility for air travel issues • Five at -large members representing varied economic development, business, and airport user interests RESOLVED, further, That a copy of the amended bylaws be adopted and kept on file with the Clerk of the Legislature. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, said the Committee meets on August 14th. There will be a presentation of the Human Resource/Payroll Project, with the preferred vendor providing a demonstration. In addition, the Committee will discuss the appointment to the Board of Directors of the Greater Tompkins County Health Insurance Consortium as well as review a variety of policies. Approval of Minutes of July 7, 2009 It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of July 7, 2009. MINUTES APPROVED. RESOLUTION NO. 133 - SUPPORTING THE NEW YORK STATE FAIR PAY ACT OF 2007 (ASSEMBLY BILL NO. A3911; SENATE BILL NO. S955) It was MOVED by Mr. Shinagawa, seconded by Ms. Herrera, to lift Resolution No. 133 from the Table. A voice vote on the motion resulted as follows: Ayes — 9; Noes — 3 (Legislators Hattery, Proto, and Sigler); Excused — 3 (Legislators Burbank, Mackesey, and Randall). RESOLUTION LIFTED FROM THE TABLE. Mr. Shinagawa shared information regarding the Assembly bills relating to the resolution, noting it provides equal pay across job titles. Assembly Bill No. A2351 does the same but amends the human rights executive law as well. The bill would not lower pay and provides three years for businesses to comply if they are found in violation. Ms. Kiefer said she had been surprised there would be a need for additional legislation due to Federal legislation. She noted that in spite of the law, discrimination still occurs and the State law is to correct the situation. Mr. Proto asked how it would be applied to the County; Mr. Mareane said several years ago the County went through positions to eliminate any discrimination. Mr. Proto asked if the law would apply to positions at the State level and was informed it would. Ms. Herrera supports the resolution and spoke of Alice Cook's dedication to bringing about legislation such as this to eliminate the disparity that has existed. She hopes the bill is codified, particularly in these financially difficult times. She noted that bona fide occupational requirements would remain the same in positions such as restroom attendant, however, other positions would eliminate the gender bias as long as an applicant is able to complete the job requirements. Ms. Robertson appreciated the extra time to review the legislation. Mr. Sigler supports the resolution and believes it is gender neutral. A voice vote on the resolution resulted as follows: Ayes — 12; Noes — 0; Excused — 3 (Legislators Burbank, Mackesey, and Randall). RESOLUTION ADOPTED. WHEREAS, the very first bill signed into law by President Obama was the Lilly Ledbetter Fair Pay Act, which restored the 1964 Civil Rights Act's Equal Pay Protection for persons whose jobs involved the same work, WHEREAS, the Ledbetter Act does not address pay inequities across different but equally valued job titles, and 281 August 4, 2009 WHEREAS, the New York State Fair Pay Act (A3911, S955) addresses this problem by amending Capital Labor Law to ensure pay differential is not based on a person's sex, national origin, or race, and WHEREAS, another bill (A2351/S2968) amends Executive Law to make it a violation of Human Rights Law to discriminate between male and female employees by compensating employees of different genders differently for work of comparable worth, and WHEREAS, both of these bills should result in removing discrimination in job titles traditionally done by women and people of color, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Tompkins County Legislature recognizes the need for the New York State Fair Pay Act and its companion bill and urges the New York State Assembly and Senate to pass, and the Governor to sign, this important Legislation, RESOLVED, further, That copies of this resolution be sent to our State Senators and Assemblywoman, the Chairs of the relevant State legislative committees, the Governor, and the New York State Association of Counties (NYSAC). SEQR ACTION: TYPE II -20 Recess ********** Mr. Koplinka-Loehr declared recess at 7:33 p.m. The meeting reconvened at 7:40 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Ms. Dennis, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss personnel matters. An executive session was held at 7:40 p.m. and returned to open session at 8:40 p.m. Adjournment On motion the meeting adjourned at 8:40 p.m. 282 August 18, 2009 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 present. Excused: 1 (Legislator Herrera). Privilege of the Floor by the Public Mike Lane, Village of Dryden, spoke of his appreciation that the Legislature agreed to have this meeting rather than scheduling only one August meeting as discussed earlier in the year at the organizational meeting. He also spoke about the County budget and stated it is time to get back to basics and do what is important for the safety and health of people in Tompkins County. He commented on the report in the Ithaca Journal from the Health Department regarding inspections of restaurants and food services and said the Department is always there to make sure the public's safety is maintained. He said that service provided is the type of basics he is referring to and needs to continue. Joel Harlin, Newfield, spoke of the need for bus transportation in the Ward's Trailer Park area in Newfield to the City of Ithaca. He recommended the County look into a shuttle bus service through TCAT (Tompkins Consolidate Area Transit). The second issue he spoke about was a program offered in Harlem for low-income people. The program offers assistance with education, training for a trade, applying for a job, or getting their GED. He believes this program could be offered through some of the County' s alternatives -to -incarceration programs. Distinguished Youth Award Mr. Koplinka-Loehr presented the August 2009 Distinguished Youth Award to Eagle Scout Andrew Sternglass of Ithaca. Mr. Sternglass was nominated by Ithaca Town Supervisor Herb Engman and Mamie Kirchgessner, Recreation and Youth Coordinator, for his work in leading his Boy Scout Troop in completing beautification of a new playground in the Eastern Heights neighborhood. He helped design the project and led the beautification effort with support of his troop and other volunteers. Supervisor Engman said the program has also led to a long-term commitment by the Scouts to maintain the park through the town's Adopt -a -Park program. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reported the Governor's office released the regulations designating certain highways as off-limits for "through trucking" areas including Routes 38, 79, 89, and 96 in addition to other highways outside Tompkins County. There is a 45 -day comment period starting next week. She spoke of the importance for people to comment on these regulations. Mr. Burbank, District No. 12 Legislator, spoke about the recent experience he had with a bat in his house and the assistance he received from the Health Department. He said the Department was very helpful and provided him contact information for getting the assistance from an expert to come in and capture the bat and get it tested for rabies. Ms. Chock, District No. 3 Legislator, congratulated the family of Andrew Sternglass, the Distinguished Youth Award recipient. Ms. Chock said the City of Ithaca is looking for input concerning 283 August 18, 2009 the upgrade and repair of the Ithaca Commons. She will provide a form for Legislators to provide feedback on and return to the City Planning Department. Ms. Chock said she has been receiving questions about the 25 -mile detour referenced in the trucking regulations mentioned above by Ms. Mackesey and asked for more information. Ms. Mackesey said the State Department of Transportation (DOT) came up with a list of criteria to determine what roads would be included in the regulations and based on the criteria, the list of highways was developed. For a trucker to have to use interstates instead of local highways, 25 miles is the maximum additional distance his route would be. She does not believe it is a concern as DOT has been spent months working on this. Ms. Robertson, District No. 13 Legislator, said she appreciated the recent press release from the Office for the Aging concerning the End -of -Life Provisions in the Health Care Choices Act (H.R. 3200). There has been a lot of misinformation about end -of -life planning and she said the press release addresses it. In addition, Ms. Robertson reported on a Town Hall meeting that Congressman Arcuri will be holding at the Mohawk Community College tomorrow concerning this issue. Mr. Proto, District No. 7 Legislator, commented on the trucking issue and the route restrictions and understands there will be a public hearing on the proposed changes. One of the concerns is the transportation of harvested grain by farmers and that they may be inadvertently included in the list. In addition he announced that September 18th is the Watchfire in Lansing at Myers Point and October 3rd is the rededication of the Monument at Dewitt Park. He reported that the deadline was 5 p.m. today for individuals filing designated petitions to run for office this fall. Mr. Randall, District No. 9 Legislator, reported that on August 25 there will be an open house at TST BOCES from 5-7 p.m. showing the latest project the students built. It is a three-bedroom stick built house. The house will be sold through a bidding process with a minimum bid requirement to cover the cost of building the house. Ms. Mackesey continued to report on the trucking regulations and said in response to the issue Mr. Proto raised, that they only apply to through traffic. She said farm vehicles, local delivery trucks, etc. still have access to all roads. Mr. Shinagawa also commented that there are no random checks. If a truck is pulled over for speeding and then if there is a violation there will be other fines. Report from Municipal Officials) No municipal official was present. Report from the Chair Mr. Koplinka-Loehr expressed his appreciation to Administrative staff and Department Heads for their hard work and support on the budgets that were submitted. Report from the County Administrator Mr. Mareane said he did not have a report. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires distributed copies of the guidelines for elected officials reporting for retirement purposes. There is a sample log and resolution that the Legislature will need to adopt and posted on the 284 August 18, 2009 website that shows title, name, standard work day, term of employee, and whether or not there is log on file. The regulations state that each appointed and elected official must prepare a record for three consecutive months within 150 days of the start of a new term. Mr. Squires also stated that the County's Audit Committee will need to meet and recommended a meeting on September 1st at 4:15 p.m. Withdrawal of Resolutions from the Agenda Mr. Koplinka-Loehr granted Mr. Proto permission to withdraw from the agenda the resolution entitled Award of Rural Feeder Proposal to Ithaca Dispatch, Inc. Addition(s) of Appointment to the Agenda It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add an appointment to the Family Court Advisory Council to the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Family Court Advisory Council Gina Newlin — DSS Representative; term expires 12/31/2009 Debra DiBartolo - At -large Representative; term expires 12/31/2011 Trudy Pantalia - At -large Representative; term expires 12/31/2011 STOP -DWI Advisory Board Mathew Kochman — Youth At -large Representative; term expires 12/31/2009 Debra DiBartolo - At -large Representative; term expires 12/31/2010 Personal Emergency Response Service Advisory Board Joan E. Murphy - At -large Representative; term expires 12/31/2010 Greater Tompkins County Health Insurance Consortium Anita Fitzpatrick - Delegate Stephen Estes — Alternate Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Burbank, 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. 141- AMENDING RESOLUTION NO. 104 OF 2009 - AWARD OF TOURISM CAPITAL GRANTS MOVED by Mr. Burbank, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, on June 15, 2009, the Legislature passed Resolution No. 104 to approve an award of a Tourism Capital Grant to the Ithaca Motion Picture in the amount of $5,000 for the purpose of conducting a feasibility/business plan, and WHEREAS, the recommended amount should have read $5,500, now therefore be it 285 August 18, 2009 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 104 of 2009 be amended as follows and the County Administrator or his designee is authorized to sign all documents related to this nroiect: Entity Project 2009 2010 2011 2012 2013 Ithaca Motion Feasibility/Business Plan $5,500 Picture SEQR ACTION: TYPE II -20 * * * * * * * * * * RESOLUTION NO. 142 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2009-2010 MOVED by Mr. Burbank, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, New York State operates programs that aim to encourage tourism and promote economic development resulting from increased visitations to New York State, and WHEREAS, the Strategic Tourism Planning Board (STPB) is charged by Tompkins County with making recommendations on tourism matters, and WHEREAS, the STPB recommends that Tompkins County continue to designate the Ithaca/Tompkins County Convention and Visitor's Bureau as the Tourism Promotion Agency for State Fiscal Year 2009-2010, and WHEREAS, counties are required to designate a Tourism Promotion Agency to be eligible to participate in certain New York State Tourism promotion funding opportunities that provide leverage for local activities, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, that the designation of the Tourism Promotion Agency for State Fiscal Year 2009-2010 be awarded to the Ithaca/Tompkins County Convention and Visitor's Bureau, RESOLVED, further, That the Director of the Ithaca/Tompkins County Convention and Visitor's Bureau shall provide a quarterly report to the Planning, Development, and Environmental Quality Committee. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report and Presentation of Resolution(s) from the Budget, Capital and Finance Committee Mr. Dennis, Chair, announced the Audit Committee will meet September 1 at 4:15 p.m. He reported that most departmental budget presentations have been scheduled for September and October. He also announced the August 24th Committee meeting is canceled. RESOLUTION NO. 143 — AUTHORIZING MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) TO REQUEST PROPOSALS FOR OUTDOOR SOLAR PRODUCTS ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ALL POLITICAL SUBDIVISIONS AND DISTRICTS WITHIN THE STATE TO PARTICIPATE MOVED by Mr. Dennis, seconded by Mr. Hattery. Ms. Kiefer spoke about the lack of information available and said the varied technology to solar products is much more complicated technically to choose among. She asked if MEGA would just be compiling a list of what is available or if they would be recommending specific products. She noted MEGA's original purpose of getting bids to provide the cheapest electricity and gas was much more straight -forward than this undertaking; she is concerned about whether MEGA has the expertise to choose among the varied technologies used in 286 August 18, 2009 outdoor solar products. Mr. Dennis said he is unable to address the concerns and said Ms. Blanchard, a member of the MEGA Board of Directors, had attended the Committee meeting to answer questions. Ms. Kiefer noted she continues to support solar power, but can't vote for something with so little specifics known. A voice vote resulted as follows on the resolution: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the County previously authorized Municipal Electric and Gas Alliance ("MEGA") to bid for both gas and electric power on its behalf and the bids resulted in contracts, and WHEREAS, the American Recovery and Reinvestment Act of 2009 contains funding opportunities for counties to further reduce expenditures for electricity through the use of renewable and sustainable energy products in furtherance of MEGA's mission, and WHEREAS, MEGA has entered into a partnership with the New York State Association of Counties to provide assistance to counties in accessing funds and developing projects that support the goal of increasing the use of renewable and sustainable energy products, and WHEREAS, under the authorization of County Resolution No. 53 of 2009, MEGA issued a Request for Qualifications and Expression of Interest (RFQ/EI) in order to better understand the options that might be available in developing a solar program for counties, and WHEREAS, the information obtained as a part of the RFQ/EI process led to a determination that a procurement process using a Request for Proposals would better serve the diverse nature of potential solar projects, and WHEREAS, the County desires the continued participation of other political subdivisions and district in the contracts, and WHEREAS, rules regarding the terms by which other political subdivisions and districts participate have been established and will be reflected in contracts with the selected proposers, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That MEGA is hereby authorized to release a Request for Proposals for solar or other renewable energy generation systems that can be installed or otherwise deployed on municipal or government property to produce energy that can be consumed by such municipality and/or sold back to the local utility, RESOLVED, further, That all political subdivisions and districts within the State are authorized to participate in the contracts awarded as a result of the RFP, RESOLVED, further, That the County Administrator, upon recommendation of the MEGA Board of Directors, is authorized to award the contract to one or more proposers and to enter into contracts with selected proposers. SEQR ACTION: TYPE II -20 * * * * * * * * * * * RESOLUTION NO. 144 - EXTENSION OF ONE -PERCENT SALES TAX FOR TWO YEARS - INCREASING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK IN ORDER TO EXTEND THE EFFECTIVE DATE THROUGH NOVEMBER 30, 2011 MOVED by Mr. Dennis, seconded by Ms. Robertson. Mr. Proto stated that traditionally he has voted against this extension, however, he understands sales tax revenue is down significantly and will support the resolution. In response to a question raised by Ms. Kiefer concerning why the effective date is only through November 30th, Mr. Wood said it is the same in other counties' resolutions throughout the State. 287 August 18, 2009 A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. Be it enacted by the Tompkins County Legislature of the County of Tompkins, on recommendation of the Budget, Capital, and Finance Committee, as follows: SECTION I. The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March first, nineteen hundred and sixty-seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 2011, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2011, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. 288 August 18, 2009 (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2011, the tax shall be at a rate of four percent, and on and after December 1, 2011, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2011, in respect to the use of property used by the purchaser in this County prior to December 1, 1992. SECTION 5. This enactment shall take effect December 1, 2009. SEQR ACTION: TYPE 1I-20 ********* RESOLUTION NO. 145 - ADDRESSING TOMPKINS COUNTY'S 2009 BUDGET CHALLENGES THROUGH A TEMPORARY AMENDMENT TO THE COUNTY'S ROLLOVER POLICY FOR FISCAL YEAR 2009, POLICY GUIDANCE TO THE COUNTY ADMINISTRATOR, AND AUTHORIZATION OF BUDGET TRANSFERS RECOMMENDED BY THE DIRECTOR OF FINANCE MOVED by Mr. Dennis, seconded by Mr. Hattery. Mr. Sigler said he would not support the resolution as he believes the flexible hiring freeze already exists pursuant to Resolution No. 44 of 2009. 289 August 18, 2009 Eventually, the recession will end and he does not want that process to end at that time. This Legislature took proactive measures to address the fiscal crisis by the above-mentioned resolution. He understands the remaining areas outlined in the resolution and also believes the rollover policy should be a much broader discussion and would like to know what the Department Heads think about this proposal. Mrs. McBean-Clairborne said she too would like to know what input Department Heads had and asked for a clarification of the title. Mr. Mareane said there was a great deal of interaction with Department Heads and they understand the situation the County is in. He said rollover accrued in prior years is not included in this proposal and stated this is not a permanent change. Mr. Mareane also explained the proposed temporary amendment to the rollover policy for 2009 and the other areas of the resolution that are "policy and policy guidance" including the flexible hiring freeze and review of equipment purchases over $2,000. It was clarified that the 2009 budget included 778 fulltime employees on the roster. The first quarter there were 748 positions filled, the second-quarter report identified 736 positions being filled. Mr. Mareane said the reduction in positions from the first quarter to the second quarter is a result of the resolution adopted earlier this year and the fact that Department Heads are taking this seriousluy and understand the County's situation and have not been putting forward requests to fill positions unless it is essential. Ms. Kiefer said in the budget information outlined below there is a reference to prior year settlements for the Department of Social Services and asked if the years in which they occurred could be provided. Mr. Mareane said he would have to provide that information at a later date. Ms. Kiefer asked if the dollar amount could be broken out by each department; Mr. Mareane said he would look into it. Mr. Sigler asked how the review of equipment purchases will be handled. Mr. Mareane said equipment being purchased over $2,000 will be reviewed by the Finance Director and himself. Ms. Chock stated her support for "belt -tightening" measures and interprets the policy changes to continue beyond 2009 with the exception of the rollover policy amendment, which will sunset at the end of 2009. Mr. Mareane said the intent is to help the County get through this year and actions that would occur in 2009. However, the resolution does not explicitly sunset the "policy guidance" section; the focus is to keep 2009 in balance. Mr. Koplinka-Loehr clarified that the language in the resolution does not specify any sunset clauses with the exception of the rollover policy amendment. Ms. Kiefer noted that the word "temporary" in the title actually modifies and applies to all three items that follow, and asked the record to reflect that it is the intention of the County Administrator that this resolution is only for 2009. Ms. Robertson said she hopes to have reports from the County Administrator during the budget process. Mr. Sigler asked when the flexible hiring freeze sunsets if it reverts to Resolution No. 44 of 2009; Mr. Koplinka-Loehr said he believes it does unless the Legislature takes other action. A voice vote on the resolution as follows: Ayes — 13, Noes — 1 (Legislator Sigler), Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the global recession has had far-reaching impacts in virtually every sector of our economy, including local governments, and 290 August 18, 2009 WHEREAS, economic downturns have a particularly immediate and severe effect on county governments within New York State, with budget gaps resulting from the combination of rising demands for mandated human services and falling sales -tax revenue counties rely on pay for those services, and WHEREAS, Tompkins County is experiencing the effects of the global recession in the form of a significant decline in its 2009 sales -tax collections and increases in its human service costs, and WHEREAS, other areas of the County's 2009 budget tied to the economy are also experiencing stresses not anticipated when the budget was developed in the fall of 2008, including reduced interest earnings and significant reductions in State aid, and WHEREAS, the County has been the beneficiary of the Federal stimulus program in the form of a transfer of approximately $1.76 million in Medicaid costs from the County budget to the Federal budget, and, in addition, has generated savings in its on-going operations and identified unencumbered resources that can be devoted to keeping the County's 2009 budget in balance, and WHEREAS, the Director of Finance and the County Administrator have presented a plan to maintain the 2009 budget balance through a series of immediate and ultimate transfers of such savings and resources to areas of need as outlined in an August 11 memorandum entitled "Addressing 2009 Budget Challenges" that shall be attached to this Resolution, and WHEREAS, several policy actions are necessary and appropriate to ensure that these resources are maintained through the end of the year and are available to balance the 2009 budget, and to create the potential for additional savings that may be needed in the event the economy continues to negatively impact the County's 2009 budget, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Finance Committee, That the Tompkins County Legislature formally authorizes the County Administrator to implement a flexible hiring freeze that will restrict the filling of vacant positions to those deemed essential by the Department Head and County Administrator, provided that the Department Head remains able to appeal to the Legislature a decision by the County Administrator to hold a position vacant as provided in Resolution No. 44 of 2009 "Establishing a Process to Fill Vacancies or Change Position Classifications", RESOLVED, further, That the Tompkins County Legislature authorizes the County Administrator and Director of Finance to review all requests to expend operating budget funds to purchase operating equipment items in excess of $2,000 per item and to reject any requests deemed non- essential, provided that any such rejections will be reported to the Legislature and subject to review by the Legislature if requested by the Department Head, RESOLVED, further, That the Tompkins County Legislature hereby and temporarily amends the County's rollover policy for the 2009 fiscal year by directing that personnel -related savings generated by County departments that would otherwise be preserved for departmental rollover purposed instead be dedicated for general County deficit avoidance purposes as deemed necessary and appropriate by the Director of Finance. This amendment to the County's rollover policy shall sunset at the end of the County's 2009 fiscal year, RESOLVED, further, That the Tompkins County Finance Director is authorized to make the appropriate budget transfers based on the attached report. SEQR ACTION: TYPE II -20 *********** 291 Inclusion Through Diversity TO: FROM: JOE MAREANE DAVID SQUIRES DATE: AUGUST 11, 2009 RE: August 18, 2009 Tompkins County Department of Administration 125 East Court Street, Ithaca, NY 14850 Phone: (607) 274-5551 Fax: (607) 274-5558 COUNTY ADMINISTRATOR Joe Mareane DEPUTY COUNTY ADMINISTRATOR Paula E. F. Younger "Promoting excellence in County operations while respecting the needs of the people we serve." JAN ES DENNIS, CHAIRPERSON BUDGET, FINANCE, AND CAPITAL COIVEMITTEE ADDRESSING 2009 BUDGET CHALLENGES The continued erosion of sales tax revenue, the prospect of a deficit in the Assigned Counsel program. and the emergence of shortfalls in various huumarn service programs has resulted a projected 2009 budget shortfall that is $1.2 million greater than anticipated in earlier projections. We have reviewed the County's overall finances and conclude that --based on current conditions—the 2009 budget can remain in balance without additional revenues or program eliminations provided that policy and accounting actions are taken in a timely manner. Our budget projection is based on a review of the largest sources of variable revenues and expenses. The basic pluses and minuses among those major items are as Maws: Expected Shortfalls Sales Tax State Aid -Various Depts DSS programs Assigned Counsel Interest Earnings Total Shortfall (2.,000,000) (63 0,000) (520.000) (225.000) (200.000) (3,575.000) Available Resources FMAP (Federal StimulusiMedicaid) 1,759,000 DSS Settled State Claim 875,000 Contingency Fund 500,000 Personnel -Related Savings 800.000 Tobacco Revenue 90.000 Total Available Resources 4,024,000 Net Balance 449,000 Beginning with the August 10 meeting of the Budget. Capital and Finance Committee, we will be bringing transfers to the Legislature to align resources with need. There will be several initial transfers to shift existing, single -source available resources. There will also be subsequent transfers and year-end adjustments to allocate additional resources and to undertake more complex, multi -source transfers (e.g., transferring salary savings from various departments.` A specific list of recommended initial transfers is attaclned. To serve as buffer against additional changes in the County's 2009 financial status, we are recommending the fallowing short-term policy directives that will continue through 2009 and, in the absence of additional legislative action, expire on December 31, 2009_ A flexible freeze on hiring, with only the most essential positions filled; 292 August 18, 2009 2. A flexible freeze on equipment purchases in excess of $2,000, with all such purchases reviewed by Finance and authorized by Administration; 3. A one-year suspension of the rollover policy that would allocate personnel -related savings generated in 2009 to the general County as a means of offsetting projected 2009 deficits rather than being retained by the department's as a roll-over resource; Additional Recommendation: The County needs to begin immediate discussions with its State Legislative Delegation, and work with other counties through NYSAC, to secure a waiver of the State's Maintenance of Effort (MOE) rule governing Indigent Legal Defense Fund aid and, ultimately, a permanent elimination of the MOE rule. CC: Budget, Capital and Finance Conunittee 293 August 18, 2009 73 CD 0 c3 0 0 CV 4D N 0 0 6CD V [7 V o cv c 6q M c) C co uuo .-CV CD o. in (D 0 fN3 CD C 01 CD CND. ODODO ONO O u'Y p 63 p CO 6(i' of O o frJ CO 617 '� ? 'r M1 Cry V, M sf u3 V M1 co M 6D G M M O co �` N 6 ,f 6 iV N. g M1 LL 3 N N Co e N V st N t. N ... N N. t4 N W to to c? 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U) E s s CO c to m o 6.7 ate) ate) m m 6.a ,, d tto D p a o =- )- @ 2 t o 0 .G' m m o O `l.- CO z? ¢COcavccccccc)o1.—wOcLX0-rug.JA[¢csa0.0.to 3} ci. >-rar. 4- a, c 15 7 r� - co ('7 N 1,-.. 43 co 67 4mr y3 0 M fh M 07 07 6'7 6'7 c`"] M CJ o O C) C) O CD ®O C3 CD 4 U 4 M Cory 01 6D 01 M r) M to 6+7 a7 co CO CO 03 CO co OD mel 03 co M C7 VI C'7 C) C7 N M 01 05 C7 CO Cco co OD CO 0') 73 st V Q Q Tr Tr V Tr g V R R 7 V '6S 'S 7 C 'Tr ti R Tr Tr V mr Q Q 7 Mr Q ,F, }u3 co Csi 4 4 4 N- O 'Cf h cn r. w V Q 4 0 N N N 0 co 67 o, N CD o 0 C u] N M 07 07 r. CO Oa r. 6T M n R cr) 'Tr to R V R co N N N0,4 N M1 a 2 co coco ('7 ter 01 0) 0) h ti r- N. N. C- N. N- N- 0 0 0 0 0 0 0 r 60 Q Q 7 Tr V CO 613 CO 4D 6D 67 4D 4D to el 07 Cl. c7 E'7 65 M 1- I'+ f`+ h- h- (O OD N 0 O Q�yy 8 8 a7 . . � °� d 3 3 3 3 3 3 c, w al 61 00.077d7 t) EE. EEEEEE 7 u totototototototo2)EEEEEE mw�va at Rm® c.c.�..... c a6aoo a ri 0 Ct. va Cm Cm Cr Cm ear Cm r 0 D) C3 U C? O O C) I� C] [] C] C3 LCD a) d t,-.. s�� 4 4 Q cc Q •i s{ Q -0-07717 z+ 17 6°7 M M77 CI M o M a 0 W 4) 0 al 9d ai a) c c C c C C W Evmmmmasmfirfi•C.0 -Cst6[i0 CD coNt4E°E E; �. ,_ . ,_ . c c c c c C 0 c17 a) a) ar a7 E E 2 2= 2 2 2= o o❑❑ 0 D D a o a o rn 4 cm ( l9 @ ( ( @ y 117 0T IU 47 41 a) @ l'6 Q5 c4 t6 F6 `.„s _C _C _c L L u a c c c c c c c .� 2 c2 �' �? Q 12 s7 D Q-0 13 -0 47 7 7 7= 7 t/� G 0 a) 47 m CO a) CO a) CD vL w dt.. w "- 2 2 2 ° 2 O = p o q O ❑ 2 2 cc ¢p2� 227200 00000067 a a aaa a 0>-›->->->-ocr 294 Recommended Budget Actions to Offset Anticipated Sales Tax Shortfall m W O) 2009 Budget Shortfall 000_CO 2 0 0 o oco oo�<I-F.() /\/QQQ 5 0 k CO 0_\ CC /}f$ kTS c., E. 0, 2 o 48777>-2 MOD<o0.Q. August 18, 2009 295 August 18, 2009 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met August 12th and discussed the 2010 tourism budget. The Committee reviewed the over -target request from the Agricultural and Farmland Protection Board. She said the Housing Oversight Committee is making progress. They approved their bylaws and revised the NOFA (Notice of Funding Availability). Ms. Mackesey commented that the Planning Department will not be submitting any over -target requests for their budget in 2010. Ms. Kiefer asked about the availability of the minutes of the Housing Oversight Committee. Ms. Mackesey said she will make sure all Legislators receive them. RESOLUTION NO. 146 - SUPPORT FOR STATE LEGISLATION AUTHORIZING MUNICIPALITIES TO ESTABLISH GREEN LOAN PROGRAMS TO PROVIDE FINANCING TO RESIDENTIAL AND COMMERCIAL PROPERTY OWNERS FOR ENERGY EFFICIENCY AND RENEWABLE ENERGY IMPROVEMENTS MOVED by Ms. Mackesey, seconded by Mr. Burbank. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Hattery), Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, in 2008, the Tompkins County Legislature adopted the Energy and Greenhouse Gas Emissions element as an amendment to the Tompkins County Comprehensive Plan, and WHEREAS, the Energy and Greenhouse Gas Emissions element set in motion a multi -faceted plan for the Tompkins County community to reduce energy demand, improve energy efficiency, make the transition to renewable sources of energy and reduce greenhouse gas emissions in the County by at least two percent of the 2008 level for each of the next forty years, achieving at least an eighty percent reduction in greenhouse gas emissions by the year 2050, and WHEREAS, the element contains action items to help achieve energy and greenhouse gas emissions goals, including an action to investigate the feasibility of developing low-interest financing mechanisms to improve the payback for energy -efficiency investments made by homeowners, landlords, and businesses, and WHEREAS, upon investigating financing mechanisms to reduce the payback periods on energy efficiency and renewable energy improvements for homeowners, businesses, and landlords, the Planning Department found that State legislation would be required to allow municipalities to establish green loan financing programs that could be paid in conjunction with other municipal real property taxes and would be imposed at an annual rate equal to the annual energy savings to the owner of the real property as a result of the energy -efficiency improvements performed with the proceeds of the financing, and WHEREAS, similar programs have been very successful in places such as Berkeley, California and Babylon, New York, but are not easily replicable for municipalities in New York State without creating complex authorities or requesting special authorization from the New York State Legislature, and WHEREAS, the New York State Legislature is considering bills in the Assembly and Senate (currently A7611 -B Englebright, same as 54954-B Thompson) to amend New York State General Municipal Law to allow counties, as well as cities, towns and villages, to provide financing for green loan programs for improvements to buildings to implement energy efficiency measures and reduce greenhouse gas emissions, and WHEREAS, Tompkins County and its community members will need many different strategies to achieve their emissions -reductions targets while at the same time reducing energy costs and improving comfort for homeowners, renters, and businesses, and low-cost financing options are key to making progress in these sectors, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature hereby requests the State of New York to adopt legislation amending General Municipal Law to authorize counties, as well as towns, cities, and villages, 296 August 18, 2009 to establish green loan programs to provide financing to residential and commercial property owners for energy -efficiency and renewable energy improvements, RESOLVED, further, That the Clerk of the Legislature is authorized to forward this resolution in support of amending General Municipal Law to Governor David A. Paterson; Senate Temporary President, Malcolm Smith; Senate Majority Leader Pedro Espada, Jr.; Senate Minority Leader Dean Skelos; Senator George Winner; Senator James Seward; Senator Michael Nozzolio; Assembly Speaker Sheldon Silver; Assembly Minority Leader James Tedisco; Assemblywoman Barbara Lifton; and the New York State Association of Counties. SEQR ACTION: TYPE II -20 ********* RESOLUTION NO. 147 AUTHORIZING SUBMISSION OF A COORDINATED GRANT APPLICATION TO THE NEW YORK STATE ENVIRONMENTAL PROTECTION FUND 2009-2010 LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) FOR A CAYUGA LAKE BLUEWAY TRAIL PLAN, IN PARTNERSHIP AND COORDINATION WITH CAYUGA COUNTY AND SENECA COUNTY MOVED by Ms. Mackesey, seconded by Ms. Chock. Ms. Chock spoke in support of the resolution and believes Cayuga Lake is a wonderful resource in Tompkins County and that this will provide information on areas to enhance public access. In response to a question by Ms. Chock concerning the County's role, Mr. Marx explained the County's match for this will be through in-kind staff efforts from each of three counties. In Tompkins County it is likely Planning Department staff will take the lead role with the GIS work and also work on the inventory and outreach efforts. It is intended to be a two-year project and the time put into it will be divided over those two years. The Cayuga Lake Water Trail is included in the Department's work plan this year, as the Planning Advisory Board believed this was an important initiative. Mr. Proto believes lake access is important, but is opposed to the resolution and voted against it at the Committee level. In the 2010 proposed budget, it is being proposed that staff support be reduced for many advisory boards because of budgetary constraints. At the Committee meeting, it was also stated that "perhaps" some of the staff time for this will come from staff person responsible for overseeing the Flood Hazard Program. He expressed concern with that because of the need for that program. He also expressed concern that this is a new initiative, although worthwhile, and that it is premature as the Legislature is about to begin the budget process. Mr. Marx said Cayuga County has passed a resolution and Seneca County will be considering their resolution later this week. The impacts projected in the budget on advisory boards would not affect any of the funding received from State sources, and staff support will continue for advisory boards in a way that allows them to function as required by State law or to bring funds into the community. As a Planning Department, it needs to be looking forward and taking on new projects. This has been a priority of the Water Resources Council's Recreation Committee, Strategic Tourism Planning Board, and the Planning Advisory Board. In response a question by Ms. Robertson, Mr. Marx said the State money would be for consultant services to put together the plan. In response to Mr. Sigler's questions, this proposal is staff time only, there are no out-of-pocket expenses. Ms. Kiefer said she is a member of the Water Resources Council's Recreation Committee and said a similar project was taken up by that group several years ago, with OPRHP encouragement, but it 297 August 18, 2009 was difficult to pursue, as we recognized the risks to human -powered craft in sudden weather changes. She supports the concept but has some reservations, and believes the other two counties will benefits since the concepts is more appropriate for the northern part of the lake. Mr. Stevenson said he generally supports the resolution, but does have a concern with the Flood Hazard Mitigation as he hears regularly from constituents about that issue. Mr. Marx said he does not anticipate any impact on the Flood Hazard Mitigation program or any other primary activity handled by the Department. The grant has not been awarded yet and staff assignments have not been made. It was MOVED by Mr. Proto, seconded by Mr. Burbank, to postpone the resolution until September 15th. Ms. Robertson noted the grant application is due September 14tH A voice vote resulted as follows to postpone: Ayes — 4 (Legislators Burbank, Hattery, Proto, and Randall); Noes — 10; Excused — 1 (Legislator Herrera). MOTION TO POSTPONE FAILED. A voice vote resulted as follows on the resolution: Ayes — 9 (Legislators Chock, Dennis, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 5 (Legislators Burbank, Hattery, Kiefer, Proto, and Randall); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Blueways are small boat and paddling routes that combine recreation and environmental awareness and allow users to travel to and between designated stops that link New York's heritage trails and sites, greenways, historic resources, scenic by -ways, and revitalized community centers, and WHEREAS, a Blueway Trail that can be a catalyst for local economic development, and intermunicipal Blueway Corridors can contribute to regional economies, and WHEREAS, the Tompkins County Comprehensive Plan includes a policy to "Promote appropriate development of waterfront lands for water -dependent or water -enhanced uses including enhancing public access to Cayuga Lake," and WHEREAS, the Long -Range Tompkins County Strategic Tourism Plan (2005) identified the need for enhanced access to, promotion, and use of Cayuga Lake's resource, and WHEREAS, Tompkins County has cooperated with Seneca County and Cayuga County to create the Cayuga Lake Scenic By -way, which provides a tourism route that encircles the lake by land, and WHEREAS, Cayuga Lake is part of the Federally designated Erie Canalway National Heritage Corridor, which promotes water trails as part of the tourism, recreation, and historic attraction of the corridor, and WHEREAS, a Cayuga Lake Blueway Trail will enhance the lake's tourism potential by providing a designated water trail to complement the Cayuga Lake Scenic Byway and by strengthening Cayuga Lake's place within the Erie Canalway National Heritage Corridor, and WHEREAS, the New York State Environmental Protection Fund (EPF) 2009-2010 Local Waterfront Revitalization Program (LWRP) is soliciting grant applications specifically for intermunicipal plans for creation of Blueway Trails that requires a fifty percent matching contribution by participating localities, and WHEREAS, the Tompkins County Planning Department has established a partnership with the Cayuga County and Seneca County Planning Departments to coordinate the development and submittal of a joint funding application to the 2009-2010 LWRP Grant Program for creating a Cayuga Lake Blueway Trail Plan, and WHEREAS, the due date for submission of grant applications is September 14, 2009, and requires commitment resolutions from each municipality with each providing up to $20,000.00 of in-kind staff services as the required match over the two-year planning period, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature hereby authorizes the Planning Department to participate in the preparation and submittal of a coordinated Grant Application to the New York State Environmental Protection Fund 2009-2010 Local Waterfront Revitalization Program for the Cayuga lake 298 August 18, 2009 Blueway Trail, including a commitment of up to $20,000.00 in staff in-kind services over two years, in partnership with Cayuga and Seneca Counties, RESOLVED, further, That the County Administrator or his designee is hereby authorized and directed to execute any required application materials or documents necessary for the submission of the grant application and/or execution of contracts upon a grant award for the Cayuga Lake Blueway Trail project, RESOLVED, further, That this resolution shall take effect upon adoption of concurrent resolutions by Cayuga and Seneca Counties. SEQR ACTION: TYPE II -20 * * * * * * * * * * RESOLUTION NO. 148 - URGING THE FEDERAL GOVERNMENT TO IMPLEMENT IMMEDIATE ACTIONS TO HELP RELIEVE THE CURRENT FISCAL CRISIS FOR DAIRY FARMERS MOVED by Ms. Mackesey, seconded by Mr. Proto. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to offer the substitute resolution below. Mr. Burbank said he is uncomfortable endorsing programs he is not familiar with and believes the language in the substitute resolution is more general and supports it. Mr. Proto clarified that some of the bulleted statements in the original resolution came from the Federal bill and some of the efforts Senator Schumer is proposing. He suggested the original resolution be approved. Mr. Hattery commented that he has a number of dairy farms in his district and understands it is a very serious problem. He said he had a conversation with an individual who is very familiar with State and Federal initiatives and the dairy policy situation, and his response was that each of the items are on target and are well stated. He also stated that he supports the original resolution. Ms. Chock said she researched this topic as well and spoke of the importance in supporting dairy farmers. Ms. Mackesey also spoke of the importance in supporting dairy farmers and that she supports the original resolution. A voice vote resulted as follows: Ayes — 4 (Legislators Burbank, Kiefer, Koplinka-Loehr, and Shinagawa); Noes — 10; Excused — 1 (Legislator Herrera). MOTION TO SUBSTITUTE FAILED. RESOLUTION NO. URGING THE FEDERAL GOVERNMENT TO IMPLEMENT IMMEDIATE ACTIONS TO HELP RELIEVE THE CURRENT DAIRY FISCAL CRISIS FOR DAIRY FARMERS WHEREAS, Tompkins County is very concerned about the current daily fiscal crisis for dairy farmers, and WHEREAS, Tompkins County recognizes that the following measures are needed to help to provide some relief from the economic challenges facing New York State's dairy farmers and to preserve local dairy production — ensuring the availability of fresh, safe, high-quality, nutritious, and affordable milk and dairy products, and WHEREAS, Tompkins County knows that dairy producers are struggling to meet their financial commitments because of historically low milk prices coupled with erratically high energy, feed and fertilizer costs, and WHEREAS, Tompkins County knows that the bleak economic climate has softened demand for dairy products in both domestic and foreign markets, creating a surplus of dairy products in the marketplace, thereby driving down dairy commodity prices even further, and WHEREAS, Tompkins County realizes that many well-run and organic dairy farms will not be able to continue in business in this fiscal climate unless immediate, decisive, meaningful government action is taken, and WHEREAS, Tompkins County recognizes that the following specific measures are needed right away to help maintain the dairy portion of the economic backbone of New York's rural communities and agricultural infrastructure, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That measures such as temporary increased milk price supports, purchase for Women, 299 August 18, 2009 Infant, and Children (WIC) and other nutrition programs that received large increases in Federal Stimulus Funding, and full utilization of the Food for Peace Program be implemented as soon as possible, • . . .. • Provide immediate, additional funding for increased payments to dairy farmers from the Milk Income Loss Contract (MILC) program; • Urge the United States Department of Agriculture (USDA) to move dairy commodities off the domestic market as quickly as possible by fully utilizing the Dairy Export Incentive Program (DEIP) and the Food for Peace Program; • price levels in the Dairy Product Price Support Program (DPPSP); • Urge the USDA to make immediate dairy product purchases for the Special Supplemental Nutrition Program for Women, Infants & Children (WIC) and other nutrition programs which received large increases in funding from the Federal stimulus package, RESOLVED, further, That we recognize that this is only short-term assistance and urge the USDA to implement long-range policies to preserve the ability of all Americans to purchase healthful local food and will to address the changes in agricultural purchasing patterns, RESOLVED, further, That the Clerk of the Legislature is hereby directed to forward certified copies of this resolution to President Barack Obama, United States Senators Charles Schumer and Kirsten Gillibrand, United States Congressmen Maurice Hinchey and Michael Arcuri, all the counties of New York State, New York State Association of Counties, Inter -County Association of Western New York, and all others deemed appropriate and necessary. SEQR ACTION: TYPE II -20 Ms. Kiefer stated for the record that she believes something needs to be done to seriously change the way the dairy industry is supported nationwide; however, she will vote against the resolution as she is uncomfortable with the details. Mr. Dennis said he has had recent conversations with dairy farmers and they are receiving the same price for milk as they were in the 1970's. He urged support of the resolution. In response to a Mrs. McBean-Clairborne's request for an explanation of the second and third bullet below, Ms. Chock explained there is more dairy product on the market than what is being sold. This is a move to enhance the ways in which the product will be bought. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Tompkins County is very concerned about the current dairy fiscal crisis, and WHEREAS, Tompkins County recognizes that the following measures are needed to help to provide some relief from the economic challenges facing New York State's dairy farmers and to preserve local dairy production — ensuring the availability of fresh, safe, high-quality, nutritious, and affordable milk and dairy products, and WHEREAS, Tompkins County knows that dairy producers are struggling to meet their financial commitments because of historically low milk prices coupled with erratically high energy, feed and fertilizer costs, and WHEREAS, Tompkins County knows that the bleak economic climate has softened demand for dairy products in both domestic and foreign markets, creating a surplus of dairy products in the marketplace, thereby driving down dairy commodity prices even further, and WHEREAS, Tompkins County realizes that many well-run and organic dairy farms will not be able to continue in business in this fiscal climate unless immediate, decisive, meaningful government action is taken, and 300 August 18, 2009 WHEREAS, Tompkins County recognizes that specific measures are needed right away to help maintain the dairy portion of the economic backbone of New York's rural communities and agricultural infrastructure, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following measures be implemented as soon as possible: • Provide immediate, additional funding for increased payments to dairy farmers from the Milk Income Loss Contract (MILC) program; • Urge the United States Department of Agriculture (USDA) to move dairy commodities off the domestic market as quickly as possible by fully utilizing the Dairy Export Incentive Program (DEIP) and the Food for Peace Program; • Urge the USDA to take immediate administrative action to increase temporarily the product price levels in the Dairy Product Price Support Program (DPPSP); • Urge the USDA to make immediate dairy product purchases for the Special Supplemental Nutrition Program for Women, Infants & Children (WIC) and other nutrition programs which received large increases in funding from the Federal stimulus package, RESOLVED, further, That we recognize that this is only short-term assistance and urge the USDA to implement long-range policies to preserve the ability of all Americans to purchase healthful local food and to address the changes in agricultural purchasing patterns, RESOLVED, further, That the Clerk of the Legislature is hereby directed to forward certified copies of this resolution to President Barack Obama, United States Senators Charles Schumer and Kirsten Gillibrand, United States Congressmen Maurice Hinchey and Michael Arcuri, all the counties of New York State, New York State Association of Counties, Inter -County Association of Western New York, and all others deemed appropriate and necessary. SEQR ACTION — TYPE II -20 ********** Report from the Public Safety Committee Ms. Robertson, Chair, said the Committee met yesterday and reviewed statistical information regarding the jail population; board outs in July were 7.5 on average. The Committee discussed the alternatives to incarceration report being done by Deana Bodnar of the Department of Social Services. Ms. Bodnar provided a timeline and requested feedback from Legislators. Ms. Dietrich of OAR (Opportunities, Alternatives, and Resources) provided a report on bail funds and a concern was raised about "bail inflation". A brief report about housing for ex -offenders was provided, and that continues to be a problem. The Committee also heard a report about the public -access defibrillator program; it continues to move forward and a follow-up report is expected in October. Next month, the Committee will discuss a local law concerning the landline surcharge. The next Committee meeting is September 21st. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said she did not have a report. However, interviews are underway for a project assistant. There were eight applications submitted and four interviews are being conducted. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said the Committee has completed its review of Rule XVII — Acquiring and Disclosing Information and this will be presented to the Legislature at the next meeting for consideration. Copies of the Rule with the proposed changes were distributed. 301 August 18, 2009 Report from the Health and Human Services Committee Mr. Proto, Chair, highlighted reports from the last Committee meeting. Ms. Cole, Public Health Director, updated the Committee on the status of the H1N1 flu vaccine and reviewed the guidelines. Mr. Proto reported that Lakeside Nursing Home is complying with the court order timetable and there is no danger of the facility closing. Departments reporting to the Committee including the Human Services Coalition provided updates on the status of their budgets. The next Committee meeting is September 8th Mr. Dennis asked what the next steps are for the resolution concerning the rural feeder program that was withdrawn earlier in the meeting. Mr. Proto said there are several items that need to be addressed that were raised by the executive committee of TCAT. As soon as a response and clarification is received concerning the question about the STOA funding and approval by the three entities: Tompkins County, City of Ithaca, and Cornell University. He believes it will be coming forward by the end of September. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, said the Committee will meeting this Thursday. Ms. Kiefer will be chairing the meeting and one of the topics to be discussed is the new Federal Aviation Administration (FAA) regulations for aircraft rescue and firefighting rules. Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, said most of the Committee's business will be reflected on the next Legislature's agenda. The Committee heard a presentation from Lawson Software, Inc., and approved a resolution to authorize a contract for the human resources and payroll project. The Committee also reviewed and approved several Administrative Manual Policy revisions that will be coming forward at the next Legislature meeting. Approval of Minutes It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of June 16 and July 21 meetings as submitted. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess at 7:55 p.m. The meeting reconvened at 8:02 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Robertson, to hold an executive session to discuss personnel matters. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Sigler), Excused — 1 (Legislator Herrera). An executive session was held at 8:02 p.m. and returned to open session at 9:00 p.m. Ad i ournment The meeting adjourned at 9:00 p.m. 302 September 1, 2009 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 present (Legislator Shinagawa arrived at 5:36 p.m.). Privilege of the Floor by the Public Mike Lane, Village of Dryden, spoke of the budget process and expressed concern about the article appearing in The Ithaca Journal regarding the increase in local share for State retirement. He believes the system requires reform, including the ability to "double -dip" and collect retirement funds while still on the job. Mr. Lane said he would like to see counties, New York State Association of Counties, New York Conference of Mayors, and the various associations for towns and cities push for reform. Although Governor Paterson has suggested reform for new employees, he believes it is not enough. He said employees themselves should have to contribute to their retirements as they once did, and that State legislators should be held accountable. Fay Gougakis, City of Ithaca, spoke about the recently passed State law regarding texting while driving. She does not believe it will be effective since the ticket can only be issued if another violation is taking place. She asked the County to take action to develop a stronger law regarding texting while driving and that the local newspapers and County provide sufficient notice to drivers that the law would be enforced. Mr. Shinagawa arrived at this time. Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing, reported on new initiatives being undertaken by his agency. Since its inception they have completed 150 projects that rehabilitate homes to be sold to low-income individuals. At this time they are expanding the scope of their work to include new construction for owner -occupied and rental units. Presently, there are 112 units under construction with a cost of $24 million, two of which are rehabilitation of current dwellings. He said the construction embraces sustainability and that 11 single-family units will be either LEED Gold or Platinum levels. Another initiative, the housing trust model, provides affordable housing by separation of the building and the land, allowing the housing to be kept affordable although the land value would increase. Ithaca Neighborhood Housing Services has assisted 150 homeowners countywide through their loans for repairs and upgrades to homes. Mr. Mazzarella said the work done by his agency and Better Housing of Tompkins County is not duplicated and they have different funding sources, although they share the goal of trying to meet the needs of low-income persons. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, spoke of Senator Kennedy's passing. He said Senator Kennedy, although having problems along the way, lived up to the goal of that family by looking out for less fortunate citizens. He recalled thinking it would be the beginning of something remarkable when John Kennedy was elected President; Ted was the last in the line and he believed him to be very important to America. Ms. Mackesey, District No. 1 Legislator, shared Mr. Dennis' remarks regarding Senator Kennedy. She announced the Governor's office has put out the proposed trucking regulations and the 45- 303 September 1, 2009 day comment period has begun, with a deadline of October 9. Individuals may e-mail, call, or write their comments regarding this matter. She explained the 25 -mile calculation that was used to determine what roads were excluded. She recommended concerned residents contact Albany. Ms. Robertson, District No. 13 Legislator, spoke of having discussions relating drilling in the Marcellus Shale with Troy Waffner, who works for Senator David Valesky, and has asked to have a meeting. She expressed concern that Albany is not aware of how hydrofacking drilling would affect Tompkins County and the Southern Tier. She noted the State Senate has a bill that would prohibit fracking drilling in the New York City watershed. Ms. Robertson also noted there would be a vigil at Dewitt Park at 7:30 p.m. on September 2 to support Public Health Care Now. Mr. Proto, District No. 7 Legislator, announced the Annual Veteran's Watch Fire would take place on September 18th at Myers Park. If any individual has an American flag to dispose of properly, they could make arrangements to have it burned at this event. At 11:30 a.m. on October 3rd a war memorial rededication ceremony will take place in DeWitt Park. Preparation for this event has included volunteers from the local bricklayers unions restoring areas and the painters unions have assisted in caulking and cleaning up the monuments. He reported that with regard to the Water Resources Council, Commissioner Grannis indicated he is on the verge of extending the comment period for the SGEIS. As soon as further information is received, the Legislature would be notified. He appreciated the statements given by Mr. Dennis with regard to Senator Kennedy. Ms. Chock, District No. 3 Legis