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HomeMy WebLinkAbout2010 Journal of Proceedings2010 PROCEEDINGS Tompkins County Legislature TOMPKINS COUNTY NEW YORK MARTHA O. ROBERTSON, Chair Ithaca, New York CATHERINE COVERT, Clerk Ithaca, New York State of New York County of Tompkins Tompkins County Legislature ss: In pursuance of the authority conferred by Section 211 of the County Law, I do hereby certify that the copy of the Proceedings of the Tompkins County Legislature of the County of Tompkins, New York, for the year 2010, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature BERTSON -JISLANRE 2010 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES January 19, 2010 Budget and Capital - Dennis (Chair), Herrera (Vice Chair), Mackesey, Stein, Robison Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policies Finance Department Capital Programs TC3 Personnel Department (inc. performance evaluation and staff training) Workforce Diversity and Inclusion Government Operations - Lane (Chair), Kiefer (Vice Chair), Chock, McKenna, Pryor Tompkins County Legislature Administration Department Organizational Development Risk management/contract performance Public Information Information Technology Services Department Operational Policies Program Evaluation Law — County Attorney Assessment County Clerk Board of Elections Tompkins County Council of Governments Libraries History Center Rules and Procedures of the Legislature Charter and Code Code of Ethics and Ethics Advisory Board Health and Human Services - Proto (Chair), Burbank (Vice Chair) Shinagawa, Dennis, Herrera Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Human Rights Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies Office for the Aging Youth Services Cooperative Extension Tompkins Community Action Animal Health and Control 2010 Standing and Special Committees Assignments and Responsibilities Planning, Development and Environmental Quality - Mackesey (Chair), Chock (Vice Chair), Burbank, Proto, Pryor Planning Department Census planning/reapportionment preparation MPO TCAT Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Water Resources Council Agriculture and Farmland Protection Board Land management Workforce Development Tompkins County Area Development Industrial Development Agency Chamber of Commerce Tourism Program/Convention and Visitors Bureau Strategic Tourism Planning Board Ithaca Downtown Partnership Community Celebrations & Arts County Historian Facilities and Infrastructure - Kiefer (Chair), McBean-Clairborne (Vice Chair), Mackesey, Lane, McKenna Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Weights and Measures Utilities Public Safety - Shinagawa (Chair), McBean-Clairborne (Vice Chair), Dennis, Robison, Stein District Attorney Defense of Indigents/Assigned Counsel Probation and Community Justice Sheriff/Jail Department of Emergency Response OAR (Opportunities, Alternatives, and Resources) Alternatives to Incarceration Programs Reentry transition programs Juvenile Justice Special Committee(s) Capital Plan Review Committee - Robertson (Chair), Kiefer (Vice Chair), Lane, Herrera, Proto Census Committee (through June 2010) - Mackesey (Chair), Proto, Chock, Herrera, Lane 2 January 5, 2010 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 — Pat Pryor, 150 Scofield Road, Freeville District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs District No. 8 — David McKenna, 319 Douglas Road, Newfield District No. 9 — Brian Robison, 102 Beechwood Drive, Groton District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca District No. 11 — Peter C. Stein, 101 Brandywine Drive, Ithaca District No. 12 — Will Burbank, 132 Glenside Road, Ithaca District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca District No. 14 — Michael E. Lane, 42 East Main Street, Dryden District No. 15 - James P. Dennis, 47 Elm Street, Trumansburg Oath of Office Mrs. Covert introduced Aurora Valenti, County Clerk, who administered the Oath of Office to the elected members of the Legislature. 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 Ms. Mackesey. Mr. Dennis spoke of Mr. Proto having been a Legislator for over 23 years. After hearing no more nominations, it was Moved by Ms. Robertson, seconded by Mrs. McBean-Clairborne, 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 Chairman Mr. Proto thanked Legislators for the opportunity to be Temporary Chairman and awarded Legislators and staff humorous "gifts" relating to their unique personalities/interests. He also expressed pleasure that Mr. Blizzard's recent surgery was successful. 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. He also noted that if desired the nominated individuals could be allowed to speak briefly. 3 January 5, 2010 Election of Chair of the Legislature Mr. Shinagawa nominated Ms. Robertson as Chair for 2010, seconded by Ms. Chock. Ms. Shinagawa said Ms. Robertson was dependable, articulate, energetic, and focused. He supports her nomination because she is focused and devoted on issues and follows through with a vision, which is needed in a leader. Ms. Chock spoke of being impressed with the work completed under Ms. Robertson's leadership, noting Ms. Robertson thinks through issues, determines what could be accomplished, and provides follow through at each stage. She spoke of Ms. Robertson's work with the Comprehensive Plan, homeless issues, the Assigned Counsel study, as well as through New York State Association of Counties as exemplary examples. Ms. Chock further spoke of Ms. Robertson's participation in the Tompkins County Council of Governments on how to best influence the State regarding gas drilling issues, and setting up meetings with the New York State Department of Environmental Conservation, Chairs of New York State Legislative Committees, and the Governor's office. Ms. Chock said Ms. Robertson just came back from New York City Hall, representing Tompkins County's concerns. Ms. Herrera nominated Mrs. McBean-Clairborne as Chair for 2010, seconded by Mrs. McBean- Clairborne. Ms. Herrera read the following statement: "At this time it's an honor for me to nominate someone for Chair of the Tompkins County Legislature who is imminently qualified, having demonstrated administrative and delegation skills as she earned the respect and trust of employees, staff, and the public while serving as Vice Chair of the Tompkins County Legislature in 2009, 2008, 2007, and 2006. "She has served in County government with distinction, capably resolving internal and external County issues with little fuss or fanfare, offering guidance where needed and support when necessary. "Recognizing our stated community values of diversity and inclusion, this nominee has shown leadership in her chairmanship of the Workforce Diversity and Inclusion Committee, and through this committee's efforts the County has broadened and continues to improve its efforts at recruitment, hiring, and retention of underrepresented groups. "Moreover, this nominee is inclusive and supportive in her Legislative actions, reaching out beyond traditional boundaries of parry, race, and class. "As Chair of the Facilities and Infrastructure Committee, she has encouraged collaboration, innovation, and award-winning environmental programs while supporting our talented managers in stellar job performance. She chaired Public Safety Committee in past years, and earned the trust of — and engendered the cooperation of — the entire Public Safety community. "Her excellent interpersonal and mediation skills may be exceeded only by her compassion and generosity of spirit. Her professional capabilities pale only in comparison to her passion and energy. "A community leader in her own right, our election of Leslyn McBean-Clairborne to the Chairmanship of the County Legislature will support and inspire staff of County Government even as it demonstrates this body's recognition of proven County leadership consistently using impeccable professional qualifications, conflict resolution skills, diversity and inclusion, collaboration, environmentalism, and best practices in human resource and performance management. "Accordingly, it is my honor and privilege to nominate Leslyn McBean-Clairborne as Chair of the 2010 Legislature." Hearing no more nominations, it was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by vote by show of hands, to close nominations. Following a brief discussion, nominees were granted permission to speak if they wished. 4 January 5, 2010 Mrs. McBean-Clairborne expressed appreciation for the opportunity to speak and to Ms. Herrera for the nomination. She said that often when working in public service an individual doesn't think of their accomplishments until it is pointed out. She takes pride in being a Legislator and doing work to the best of her ability in the timeframe available. She said during the coming year, with the economic crisis and how the State handles their budget, it will be important to make early forecasts and assessment of what the County is doing rather than wait until budget deliberations in the fall. Regardless of who is the leadership the budget is a place to put focus. Mrs. McBean-Clairborne would like more thought about the negotiation process and what happens. She would like to try to have employees become part of the bigger team and reach a point of satisfaction by employees over wages and benefits as well as having County taxpayers satisfied. She would also like to see continued work on diversity and inclusion; although there is much being done in that area, there is a long way to go. She recognizes that each Legislator has an area they are passionate about and that it is good business. With regard to leadership, Mrs. McBean-Clairborne said she enjoys being Chair and Vice Chair of committees and has come to appreciate and trust staff for their knowledge and assistance when making policy decisions regarding spending and priorities. Over the past several years, the Legislature has been fractured as a body and she is looking for leadership that would help to repair that trust and bring back to the Legislature the silver reputation it had among staff, community, and elected officials in the County. Her expectation is that regardless of who is Chair, that time would be taken to build comradely. She said the Legislature is fifteen distinct people representing fifteen different districts; there is a need to develop a relationship of being honest and open with one another and to have the ability to agree to disagree in a positive manner. Ms. Robertson said she would agree with many of the things Mrs. McBean-Clairborne said. She has reached out and spoken to most individually about her vision. She agrees there is a need to pull together as a team on the very critical issues in front of us. She said the phrase "disagree without being disagreeable" has been on her mind a lot; it is something that needs to be done. Ms. Robertson expressed appreciation to Mr. Shinagawa and Ms. Chock for their statements. She sees the role of the Chair as having a different relationship to specific causes she may personally feel are important; it is a role to bring together everybody's best thinking of issues important to Tompkins County. She should not just express her own views, but to be sure there is some common thinking and where appropriate be an advocate for the issues. Ms. Robertson thanked Mr. Proto for his humorous gifts, noting it is important to be able to laugh. A vote by show of hands to elect Martha Robertson Chair of the Legislature resulted as follows: Ayes - 13 (Legislators Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, and Stein). A vote by show of hands to elect Leslyn McBean-Clairborne Chair of the Legislature resulted as follows: Ayes -2 (Legislators Herrera and McBean-Clairborne). Ms. Robertson was declared Chair of the Legislature for 2010. At this time Mr. Proto turned the meeting over to Ms. Robertson, Chair. Ms. Robertson thanked the Legislature for electing her Chair. Mr. Shinagawa, District No. 4 Legislator, expressed his appreciation to Mrs. McBean-Clairborne for her service as Vice Chair of the Legislature from 2006 through 2009. Other members of the Legislature joined him in expressing appreciation. Mr. Proto, District No. 7 Legislator, asked Mrs. McBean-Clairborne if the Greater Ithaca Activity Center's Martin Luther King's events were a joint effort with the events taking place at Ithaca College; he was informed although separate they both have mutual participants. Mr. Proto announced that Alex Wickham who recently received the Tompkins County Youth Award had received an appointment from 5 January 5, 2010 Congressman Hinchey to the United States Naval Academy. Ms. Mackesey, District No. 1 Legislator, shared information with the new Legislators about the Cornell University, City of Ithaca, and Tompkins County partnership on various projects that included affordable housing. As part of this joint venture, a Notice of Funding Availability (NOFA) for pre - development funding was laid out providing criteria for applicants. The deadline for the NOFA was December 315`, and six applications were received. She noted it was exciting to see so many applicants for this project. Mr. Lane, District No. 14 Legislator, expressed appreciation to the voters in his district. He also thanked Mr. Hattery for his representation on the Legislature for the past four years. Mr. Lane introduced his mother, Viola Lane, and shared information on her work at Curtis Wright airplane factory in Buffalo during World War II, subsequent work at Smith Corona in Cortland, and her active participation in organized labor. He is proud and glad she is with him as a supporter. Mr. Lane spoke of the Legislature being a special group brought together by voters. Although last year was troublesome he expressed a need to work together and show courtesy and congeniality. He is anxious to work on the difficult things facing the County and anticipates the New York State Association of Counties delegate will have important information about what is occurring in Albany. Mr. Burbank, District No. 12 Legislator, welcomed Mr. Lane back to the Legislature and said he hopes the Legislature can move forward together to complete work. He announced the Light in Winter events that would be held January 21 through 24, noting people can attend one or all events held. Mr. Burbank said he has previously volunteered and it is an amazing event. Mrs. McBean-Clairborne expressed appreciation for the support provided by her family, J. R., Kelsey, and Indira. Her husband, J.R. is on the Ithaca Common Council and they have a very political, busy household that without their support would make it difficult for her to do work. She also thanked new members for coming forward to serve their constituents and is looking forward to working with them. Mr. Dennis, District No. 15 Legislator, thanked the Sciencenter for providing each Legislator with the book, Plan B by Lester Brown, which addresses global warming. Mr. Robison, District No. 9 Legislator, thanked the voters in his district for their confidence and Mr. Randall for his previous service. He noted he is not a partisan individual, recognizing the tough work ahead and hopes everyone works together to get through it. Chair's Report Ms. Robertson spoke of Mr. Blizzard who produces the broadcast of Legislator meetings, expressing her pleasure that he is healthy and back working with the Legislature. She also thanked staff and their families, saying all the work done is a team effort. Ms. Robertson said Committee meetings would temporarily be on the 2009 schedule and suggested new Legislators to fill the spots left open by their predecessors. On January 19th the new Committee assignments would be completed. She encouraged any interested member to attend any committee meetings being held. Ms. Robertson requested volunteers to assist in forming a group to work on the February Department Head/Legislature retreat when a discussion regarding budget would take place. Ms. Mackesey asked that a schedule of all Department Head/Legislator retreats for 2010 be established. Ms. Robertson said Ms. Covert would be providing Legislators with a list of Chair's appointments to various advisory boards. She asked that Legislators review the list and express their interest by no later than Monday, January 11th. She also asked that Legislators interested in attending the New York State Association of Counties Legislative Conference (February 8-10) contact Ms. Fuller by no later than Friday, January 8th 6 January 5, 2010 Ms. Robertson reported on her attendance at the press conference held at New York City Hall, joining environmentalists to express concern about the State's proposed regulatory document issued by the Department of Environmental Conservation (DEC). She was invited by the Sierra Club Atlantic Chapter, organizer of the event. Other speakers included Congressmen Eric Massa, Michael Arcuri, and Jerrold Nadler, State Senators Tom Duane and Eric Schneiderman, and Assemblymen James Brennan and William Colton, as well as a number of New York City officials. While unable to attend, local Assemblywoman Barbara Lifton was one who submitted a written statement of support. Ms. Robertson said it was impressive to have a show of support for protecting water supplies statewide and that there were strong statements that it is a state and national issue. Report from the County Administrator Mr. Mareane congratulated the new Chair and Vice Chair as well as new members of the Legislature. He has studied the financial climate, the extent it will have a bearing on the County budget, and is prepared to clarify the situation. He said County staff has shown willingness and ability to work out solutions and this will be the focus at the Department Head/Legislator retreat in February. Mr. Mareane spoke about the State's troubled deficit budget, with the gap expected to grow to over $19 billion in the next few years, with pension costs increasing rapidly that affect the direction of the County's finances. He has been working on a three-year financial projection that will assist in understanding the budget elements and anticipates working on a model to lay out strategic issues available to the County. He will be providing a draft working form to staff and depai intent heads in order to have a more complete document ready in February. The document will look at revenues and expenditures as well as belt -tightening and prioritization. He anticipates the document will work through the Committee structure (Budget, Capital, and Finance and Government Performance and Workforce Relations Committees) and he will be seeking input. Mr. Mareane spoke of having budgeted for a lean -office training program in 2010. This program is an approach to remove waste and inefficiency in the workplace. Tompkins Cortland Community College has used the program successfully and he has communicated with TC3biz to introduce the concept to County staff within the next few weeks. Mr. Mareane spoke of the County proposal to increase the mortgage recording tax to 1 percent. He explained that previously the County did not receive the revenue collected and that once in place the County would receive 1/4 percent of what is collected. For the benefit of new members and the public, he explained it is a Home Rule action, requiring the State to authorize the request; historically the State waits until the end of their legislation session to take action. It has been suggested to the New York State Association of Counties (NYSAC) to make an effort to change this process and move Home Rule actions to the beginning of the State legislation session. He said that the current State budget actions create a situation that is somewhat like "borrowing money" from municipalities and school districts by withholding payments. In addition to this practice, significant State revenue cuts also affects departments and agencies such as Tompkins Cortland Community College and Tompkins Consolidated Area Transit. He anticipates conversations about the impact of the State's reductions to take place. Mr. Mareane reported he has scheduled several appointments with new Legislators and will provide each with briefings regarding the County as well as invite them to attend the Department Head meeting on January 13t. When speaking about the best way to connect with departments he will suggest making arrangements with departments connected to Committee assignments first. Ms. Robertson said her experience has been that staff members are happy to reach out and set up meetings and that Legislators would also be willing to have discussions with new members. Report from the County Attorney Mr. Wood reported that Ms. Korherr filed an appeal regarding her Human Rights claim against the Tompkins County Sheriff. January 5, 2010 Report from the Finance Director Mr. Squires reported that the County has, as expected, experienced a dramatic decline in liquidity as of year's end, reflecting the decline in sales tax revenue during 2009 coupled with the delayed release of State aid. He told legislators that State aid did come through at the last minute for Tompkins Cortland Community College, as did $300,000 in reimbursements of the $1.1 million owed to the Health Department for 2009, and that a payment of State Transit Operating Aid for Tompkins Consolidated Area Transit was received today. He said he will continue to manage how much to disburse on a weekly basis since the first sixty days of the year is hard until sales tax receipts are received. He also said the County's financial position will be maintained, but will be weakened through the State's inability to support us. As a result, there may be delays of agency payments. Mr. Lane asked if Cortland County is making the necessary payments to Tompkins Cortland Community College; he was informed they were. Ms. Chock said the County's recent bond issue rate was 0.34 percent and asked about using the $20 million borrowing limit that was approved by the Legislature. Mr. Squires explained the bond approval was designated for capital projects and would not be used for cash shortages. There was a brief discussion regarding the State Retirement System requirement of logging Legislators time occurred, with members asking questions regarding the process. It was noted that Legislators could begin logging time now and that a resolution would be acted upon at a later date. Mr. Squires said a CD was received that provides information about the requirements. Mrs. Covert said there would be a calendar provided to members of the Legislature at the next meeting and a request to complete the time -log information for the month of February. Mr. Proto thought a presentation would be helpful to Legislators. Mr. Proto asked if the funds received by the Health Department are only for the first quarter of 2009. Mr. Squires said they were, and that other departments are also experiencing delays. It is due to delays in State reimbursements that the County has to borrow funds. With the decline in timely reimbursements from the State and a decline in sales tax revenue the County needs to work with a smaller cash balance. Mr. Squires anticipates this to be a multi-year issue. Mr. Stein wondered if we are operating with a cash balance of essentially zero, and when that will change. Mr. Squires said our cash balance is not zero but he's concerned it could be as we approach April, when there is an influx of revenue. The cash balance peaks in April, and declines from September on. He needs $8 million on hand, and at year's end we were not much above $8 million. Ms. Herrera was excused at this time (7:15 p.m.). Ms. Chock asked about the reserve account status and was informed it is expected to decline and that the cashflow would be needed to back up the account. With regard to recording of Legislator time, Ms. Kiefer recalled a two-page handout that Mr. Squires had provided indicating what activities are allowed to be included when creating the record; she suggested providing the information to the new members. 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 8 January 5, 2010 It was MOVED by Ms. Chock, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Lucia Tyler — Town of Ulysses representative; term expires December 31, 2011 Stanley T. Marcus — Town of Dryden representative; term expires December 31, 2011 Board of Health Frank P. Proto, County Legislator (appointed on an interim basis) Approval of Resolution(s) Under the Consent Agenda There were no resolutions under the Consent Agenda. Report from the Public Safety Committee Ms. Robertson, Chair, said the next meeting would be on January 13th. Agenda highlights include discussions on the public defibrillator program, gas drilling and emergency responder role, and information from the Alternatives -to -Incarceration program. 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 2801 Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said the meeting for December 21st was cancelled due to lack of members. She will be meeting with Mr. Proto following the Legislature meeting to determine the next meeting date and said it may be a different time than the normal schedule. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet on January 12th and encouraged all new members to attend. He announced upcoming H1N1 vaccination clinics and said there has been an upgrade on who should be inoculated; individuals over 65 are now encouraged to be vaccinated. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met briefly prior to the Legislature meeting to act on audits of final payments for projects at the airport. The next meeting will be January 21st at 3:30 p.m. Report and Presentation of Resolution(s) from the Government Performance and Workforce Relations Committee RESOLUTION NO. 1 -ESTABLISHING 2010 MEETING DATES It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, to adopt the following resolution. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to delete the meeting of August 3, 2010. Ms. Kiefer noted the summer months do not produce as heavy an agenda and that canceling the meeting at this time provides individuals time to make arrangements for other activities. Mr. Proto does not support the amendment and noted a meeting could be cancelled at a later date. Mr. Dennis agreed with 9 January 5, 2010 Mr. Proto. Mr. Lane does not support the amendment and said having only one meeting in a month could put an extra burden on staff to amend procedures. Ms. Mackesey believes it would be better to cancel a meeting at this time rather than a future date. Ms. Chock thinks it would be better to cancel a meeting in February or March rather than in August. In response to Mr. Stein's question, it was noted the Legislature does not normally cancel any scheduled meetings. Mr. Dennis called the question. A voice vote resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Herrera). MOTION CARRIED. A voice vote on the amendment to delete the August 3, 2010, meeting resulted as follows: Ayes — 3 (Legislators Burbank, Kiefer, and Mackesey); Noes — 11; Excused — 1 (Legislator Herrera). MOTION FAILED. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the 2010 regular meetings of the Tompkins County Legislature are as follows: Tuesday January 19 2010 at 5:30 p.m. Tuesday, February 2, 2010 at 5:30 p.m. Tuesday, February 16, 2010 at 5:30 p.m. Tuesday, March 2, 2010 at 5:30 p.m. Tuesday, March 16, 2010 at 5:30 p.m. Tuesday, April 6, 2010 at 5:30 p.m. Tuesday, April 20, 2010 at 5:30 p.m. Tuesday, May 4, 2010 at 5:30 p.m. Tuesday, May 18, 2010 at 5:30 p.m. Tuesday, June 1, 2010 at 5:30 p.m. Tuesday, June 15, 2010 at 5:30 p.m. Tuesday, July 6, 2010 at 5:30 p.m. Tuesday, July 20, 2010 at 5:30 p.m. Tuesday, August 3, 2010 at 5:30 p.m. Tuesday, August 17, 2010 at 5:30 p.m. Tuesday, September 7, 2010 at 5:30 p.m. Tuesday, September 21, 2010 at 5:30 p.m. Tuesday, October 5, 2010 at 5:30 p.m. Tuesday, October 19, 2010 at 5:30 p.m. Wednesday, November 3, 2010 at 5:30 p.m. (Tuesday, November 2 -Election Day) Tuesday, November 16, 2010 at 5:30 p.m. Tuesday, December 7, 2010 at 5:30 p.m. Tuesday, December 21, 2010 at 5:30 p.m. SEQR ACTION: TYPE II -20 RESOLUTION NO. 2 - ENDORSEMENT OF H.R. 2894 AND S. 1431 TO AMEND THE HELP AMERICA VOTE ACT OF 2002 TO REQUIRE A VOTER -VERIFIED PERMANENT PAPER BALLOT It was MOVED by Mr. Shinagawa, seconded by Mr. Burbank. Mr. Shinagawa said although individuals are sometimes hesitant to weigh in on Federal legislation, this legislation would affect our local Board of Elections. The County chose to go to a paper ballot with optical scanner in 2005, and now the Federal government is making the same choice as well as stipulating that a recount of ballots occur in the event of a close race. The legislation includes $1 billion in funding for States to change to the permanent paper ballot machines. In response to a question by Mr. Proto, it was noted that State already 10 January 5, 2010 is in compliance with the proposed legislation. Mr. Proto spoke of the high debt the country is carrying and does not believe the resolution should be supported; States should fund the change themselves. Mr. Burbank believes it is worth funding to provide open, transparent elections that provide the ability to utilize a paper ballot for recounts. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators McKenna, Proto, and Robison). RESOLUTION ADOPTED. WHEREAS, free and fair elections provide the backbone of our democracy, and public confidence in the election system is crucial, and WHEREAS, in October 2002, in response to the election debacle in Florida, Congress passed the Help America Vote Act (HAVA) to help states replace antiquated and unreliable voting systems and make voting accessible to people with disabilities, and WHEREAS, in January, 2005, the Tompkins County Legislature passed Resolution No. 3 - "Advocating Certification of HAVA-Compliant Voting Machines and Related Election Law Improvements" calling for the state to select paper ballots and optical scanners as the voting equipment of choice for New York State, being the first county in New York to do so, and WHEREAS, in 2008, more than one third of states still did not require votes to be recorded on paper, and WHEREAS, without a voter -verified paper trail, there is no way to check against voter theft from hacking or malicious software in paperless electronic voting, and WHEREAS, without a voter -verified paper trail, there is no way of conducting a true recount with paperless electronic voting, and WHEREAS, counties across New York State, including Tompkins County, have recognized the importance of a paper ballot and have purchased optical scan voting machines, and WHEREAS, Congress has introduced bills H.R. 2894 and S. 1431, bills that would amend the Help America Vote Act of 2002 to (1) require a voter -verified permanent paper ballot and support optical - scan voting, (2) would require a random hand count in close federal elections of 3 percent of precincts to verify the accuracy of the computer count, (3) would prohibit the use of any uncertified voting system technologies, (4) would prohibit the use of wireless communication devices in such systems, and (5) would prohibit such device's or system's connection to the internet at any time, and WHEREAS, New York State already has most of these measures in place and Tompkins County has seen firsthand the value these reforms would bring nationwide, and WHEREAS, these bills would support local governments by authorizing $1 billion in financing to replace non-compliant voting machines and allow extra time for those governments that need to convert from paperless electronic voting, now therefore be it RESOLVED, on recommendation of the Government Performance and Workforce Relations Committee, That the Tompkins County Legislature hereby endorses H.R. 2894 and S. 1431 and encourages their timely passage, RESOLVED, further, That a copy of this resolution be sent to New York State Governor Paterson, United States Senators Schumer and Gillibrand, Congressmen Hinchey and Arcuri, and the New York State Association of Counties. SEQR ACTION: TYPE 11-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the next meeting is scheduled for January 13th at 3:15 p.m. Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, reported the Committee met on January 4th. The census will be mailed to residents for receipt by April 1St. The goal of the Committee is to assist in educating the public about the census and we will be developing working groups to help with outreach. Discussions included identification of what people are excluded due to barriers (language, disability, non-readers, etc.) and how 11 January 5, 2010 best to distribute information. One large barrier is individuals fear and distrust of government; it is important to determine how to provide the reassurance that any information obtained would not be used against them. Ms. Mackesey said the student population creates a challenge for the count. When a form is not completed a door-to-door contact is made, however, this is not done until June when the students have left the area. Another challenge for the count is homeless and migrant individuals. The next meeting will be on January 15`h and will have Janice Young from the Census Bureau in attendance to help answer questions and provide information on resources. Ms. Mackesey stressed the importance of the count, which provides us with our Federal representation as well as the award of funding for programs. Ms. Robertson said the previous count indicated just over 96,000 residents; the next bracket that triggers additional funding is 100,000 residents. Mrs. McBean-Clairborne said the Workforce Diversity and Inclusion Committee is aware of diversity issues regarding the census and at some point would like to have joint conversations to discuss the best approach to take. Chair's Appointment to the 2010 Complete Count Census Committee Ms. Robertson appointed Mr. Lane to replace her on the 2010 Complete Count Census Committee. Report from the Budget and Capital Committee Mr. Dennis, Chair, reported he would contact members about the potential for holding a meeting on January 11th. He said that budgeting would be a large part of discussions during the year. Mr. Dennis welcomed the new members of the Legislature. Minutes It was MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the minutes of December 15, 2009, as presented. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 7:44 p.m. 12 January 19, 2010 Regular Meeting Public Hearing Ms. Robertson called the public hearing to order concerning the 2010 New York State Department of Housing and Community Renewal's Community Development Block Grant Program and asked if anyone was interested in speaking. Jeanne Leccese, Planning Department, said this is the second public hearing for the Community Development Block Grant application that supports the County's homeownership program. The components of the program will remain essentially the same as previous years with two modifications being proposed. The first is rehabilitation funds will be used for energy-efficient measures with assistance of Tompkins Community Action. The second modification is individuals who make 60-80% of the median income will be offered the opportunity, if interested, to have their home be part of a housing trust model that Ithaca Neighborhood Housing Services is putting together. This would be in the form of a grant rather than a diminishing lien. One benefit is the home would become permanently affordable for future homeowners. Ms. Leccese said she would be bringing forward a resolution to accept the grant application in March for the Legislature to consider. No one else wished to speak and the public hearing was closed at 5:33 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 Ms. Robertson asked for a moment of silence in memory of Bob Stolp, the County's Supervising Attorney for the Assigned Counsel program for over 30 years, and in memory of the victims of the earthquake in Haiti. Presentation of Proclamation Ms. Robertson read a proclamation declaring the month of January as Mentoring Month in Tompkins County and presented it to Kathy Schlather, Chair, Tompkins County Youth Services Board, Dale Schumacher, Executive Director The Learning Web, Nancy Zook, Youth Services Department, and Nancy Zahler, Youth Services Director. Privilege of the Floor by the Public Karl Graham, Director of Community Relations and Development for the Alternatives Federal Credit Union, announced this evening the Credit Union began its eighth season of the volunteer income tax assistance program. Last year over 1,400 families and individuals were helped and almost $2 8 million was brought in to the County on Federal and State returns. He anticipates more people being helped this year bringing in money due to the economic difficulties. The program will run from January 19th through April 10th with sites being located in various communities. Report from a Municipal Official No municipal official was present. 13 January 19, 2010 Distinguished Youth Award Ms. Herrera, District No. 5 Legislator, presented the January 2010 Distinguished Youth Award to John Nord, a student at Ithaca High School. Mr. Nord was nominated by Mary Arlin for his leadership on the Swim Team and the Eagle Scout Project where he designed a trail behind Dewitt Middle School for science class field trips to the woods. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, reminded the Legislature that the new TCAT routes and passes went into effect yesterday. He said this is a work in progress and that anyone with questions or concerns should contact TCAT. Mr. Lane, District No. 14 Legislator, said he has been asked by several people about what the Legislature is doing. He stated there are many different forms of county government throughout the State. In Tompkins County, the structure is a committee system that works through a County Administrator. He believes this system works well here as it allows flexibility. At the beginning of each year a leadership team is elected and new committee appointments are made providing the opportunity for new ideas. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke about the continued support by words and deeds to the residents, families, and victims in Haiti suffering from the recent earthquake. She referenced an e-mail she received and reminded everyone that those in Haiti need our continued support. The e-mail, called "six sobering points", highlighted the devastation, the extreme suffering, and need for help. Ms. Chock, District No. 3 Legislator, provided an update on the next steps concerning the gas drilling issue. There will be a rally and lobbying day in Albany on January 25th that is sponsored by several organizations. Report from the Chair Ms. Robertson read the following statement: Address to the Tompkins County Legislature "First, to my fellow legislators, thank you for your confidence and support. I look forward to working with each of you this year and am anxious for us to roll up our sleeves and get to work. "To Joe and the entire staff, it's a privilege to work with all of you. I have great confidence that our team will tackle the difficult problems ahead with compassion and creativity. "The start of a new legislative term is a great opportunity, with new members to bring into our group. So, welcome, Brian, Dave, Mike, Pat, and Peter! As we answer your questions and bring you up to speed, we all get to see things with fresh eyes. "Last week I had the opportunity to meet with Stu Stein, who was chair of this body from 1994 to 1996. We talked about the initiatives he and the board of the '90's worked on. I realized that many things we take for granted today were "problems" that the legislature had tackled back then. For example, how can we stimulate economic development, enhance intermunicipal cooperation, or improve relations with our local colleges? Today, we depend on TCAD's leadership in stimulating business growth and retention. Through the Tompkins County Council of Governments all the county's municipalities are working together on common goals. And as for higher education, this past year Cornell University, the City of 14 January 19, 2010 Ithaca, and Tompkins County together established the Housing Fund, our unique partnership working to create more affordable housing. "My conversation with Stu helped me recognize that, as slowly as government sometimes seems to move, we can make things happen when we have a goal and work toward it together. As I thought about the solutions county government had been part of, over the years, I wondered what solutions we might create, that future legislators will take for granted. "Our budget challenge will certainly be the number one issue this year. How we address it could shape county government, and in many ways Tompkins County itself, for years to come. So we must find new ways to think about our programs and organize our work. Joe is developing a roadmap to look ahead three years, longer than we've managed to do before, and that's a good thing. "But I submit that three years is not long enough. This economy will improve. We will see employment rise and sales tax receipts with it. And most importantly, if we make the right investments — even now, when ifs hardest to do — we will position our community to rebound ahead of the curve and be ready for even better things in the future. "We have solved very difficult problems before. As a result of this county's consistent innovation and creativity, it is not a stretch to say we are seen as a "leadership county" by others. We initiate programs that other counties often join in or try to emulate. A few examples of this, going back years, are county- wide assessment, the Municipal Electric and Gas Alliance, and organizing other counties to fight unfunded state mandates. "New York State recognizes this leadership as well. When they wanted to try out a new kind of justice court, the state's highest judge knew that Tompkins County would be a good testing ground. Our Department of Social Services was asked to be one of the first to pilot online applications for DSS benefits. Our Planning Department, Solid Waste Division, Youth Services Department, and airport have all received national accolades in recent years for their innovative work, to name just a few. "So how will we invest our precious resources — people, time, political will, and money -- to prepare for a better future? I think these are some of the next challenges that will demand our leadership: • Gas drilling will, quite possibly, transform our region. Our grassroots community is providing statewide leadership and TCCOG has brought municipalities together to speak with one voice. I've asked Carol Chock to be the point person on this issue help the county work with others to protect the land and the way of life we hold dear. • Global warming is every bit a local problem and our Planning Department is leading the effort on many fronts. For example they're working to create a "green loan" program, with the potential to insulate and weatherproof thousands of buildings and create hundreds of jobs. As with many of their initiatives, they are seeking outside resources to leverage our own. • As we meet tonight, between the anniversaries of Martin Luther King's birthday and the inauguration of President Barack Obama, we recognize the need to improve the diversity of our workforce. Especially when hiring is very limited, we must find ways to get better results. Last year Cornell grad students studied our records and identified specific areas we can target, and we need to act on their recommendations. • Our tourism program — another unique program in the state — would be even stronger with the kind of professional focus that the Convention and Visitors Bureau has long provided to the marketing effort. This is the year we will make that happen. 15 January 19, 2010 • Paula Younger, our Deputy County Administrator, will focus her impressive skills on securing outside grants and other resources. Her sights are already set on rural broadband service • Tompkins County should work to become an even stronger voice in our larger neighborhood, within NYSAC and with state government. At every level we must continue to lobby for issues we care about. The best defense is a good offense, and we will work to make sure our voice is heard. "Even while the unprecedented budget gap will force us to make hard choices, let us not forget the importance of investing in our future. Every other county faces similar choices. How we respond could have ripple effects if we find creative solutions that others find worth emulating. "With Joe's and Jim Dennis' leadership on the Budget Committee, we will get through our immediate budget woes. I'm confident that this body will take pains to consider the fairness, the immediate impact, and the future ramifications of each choice we make. It is crucial to be as informed as possible when making these hard choices. That is why I have invited our department heads to take turns making presentations about their programs, at each of our legislature meetings this year. I believe it will be time well -spent. "To Joe and our staff, to legislators and agencies, to volunteers and the public: we will need the help of each of you in the coming year to navigate these tough times. "But we can do this. The ingenuity, the generosity, the passion for what we do, are not just hallmarks of Tompkins County government. They are essential qualities of Tompkins County's people. These qualities frequently put our community on the "top ten" lists of places to live. These qualities help lure people like Joe Mareane and his family here, from a secure job where his boss asked him to stay. We must nurture these qualities. This economic slump won't last forever. It is our job to steer a course through it, and position our community for even better things in the days and years to come. "Thank you." Chair's Appointments Ms. Robertson announced the following Committee assignments for 2010: Standing Committees: Budget and Capital - Dennis (Chair), Herrera (Vice Chair), Mackesey, Stein, Robison Government Operations - Lane (Chair), Kiefer (Vice Chair), Chock, McKenna, Pryor Health and Human Services - Proto (Chair), Burbank (Vice Chair) Shinagawa, Dennis, Herrera Planning, Development and Environmental Quality - Mackesey (Chair), Chock (Vice Chair), Burbank, Proto, Pryor Facilities and Infrastructure - Kiefer (Chair), McBean-Clairborne (Vice Chair), Mackesey, Lane, McKenna Public Safety - Shinagawa (Chair), McBean-Clairborne (Vice Chair), Dennis, Robison, Stein Special Committees: Capital Plan Review Committee - Robertson (Chair), Kiefer (Vice Chair), Lane, Herrera, Proto Census Committee (through June 2010) - Mackesey (Chair), Proto, Chock, Herrera, Lane In response to Ms. Kiefer, Ms. Robertson said she would develop a charge for the Capital Plan Review Committee. Ms. Robertson announced the following appointments to various boards: 16 January 19, 2010 Tompkins County Area Development Board of Directors Will Burbank Chamber of Commerce Martha Robertson Jim Dennis, Alternate Extension Service Will Burbank Dave McKenna Local Advisory Board on Assessment Review (County Charter Article 4, Section 4.01) Caroline/Danby - Frank Proto Newfield/Enfield — Dave McKenna Groton — Brian Robison Dryden — Mike Lane/Martha Robertson Town of Ithaca — Will Burbank/Dooley Kiefer/Peter Stein Lansing — Pat Pryor/Dooley Kiefer Ulysses — James Dennis City of Ithaca - Carol Chock, Kathy Luz Herrera, Leslyn McBean-Clairborne, Pam Mackesey, Nathan Shinagawa Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne — Chair Ethics Advisory Board Dooley Kiefer - Chair Cayuga Lake Watershed Intermunicipal Organization Peter Stein Cornell Vet School Incinerator Project Dooley Kiefer, Delegate Beverly Livesay, Alternate Ithaca Metropolitan Planning Organization (Policy Committee) Dooley Kiefer Pam Mackesey, Alternate representative Workforce Investment Board Carol Chock Civil War Commemoration Commission Kathy Luz Herrera Frank Proto Report from the County Administrator Mr. Mareane requested confirmation on the appointment of Wesley McDermott on an interim basis for up to 120 days as the Supervising Attorney for the Assigned Counsel program. The Advisory Board on Indigent Representation has approved this recommendation as well as the Public Safety Committee. 17 January 19, 2010 It was MOVED by Ms. Mackesey, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the appointment of Wesley McDermott as recommended above. MOTION CARRIED. Mr. Mareane said a search committee will be formed very soon and he will keep the Legislature informed as the selection process moves forward. Mr. Mareane continued his report and updated the Legislature on the Governor's budget released earlier today. The challenge facing the Governor is the State's deficit of $7.4 billion. To help balance that, the Governor is proposing $5.6 million in spending cuts and $1.9 million in new revenue. It is difficult to determine the impact it will have on county budgets. He highlighted some of the positive and negative areas and said he will continue to keep the Legislature informed as new information becomes available. Report from the County Attorney Mr. Wood referenced the "confidential" memo he prepared for Legislators that provides an update on the various lawsuits and matters the County Attorney's office handles. He asked that if there are any questions, to contact him He also briefly spoke about Bob Stolp and said he worked with him for many years. Mr. Stolp did a great job and made sure everyone who needed services received them and had excellent legal representation. Report from the Finance Director Mr. Squires distributed copies of the final report for sales tax for 2009. Sales tax revenues were 5.4% below last year, which represents $1.6 million less income. He noted that the County made a mid- year adjustment in 2009, reducing the budgeted amount by $2,000,000. Mr. Squires also distributed an updated foreclosure list. There are approximately 29 properties currently on the list, down from 99. This year will be a very small auction, which is good. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted Ms. Mackesey permission to withdraw the following resolution(s) from the agenda: - Supporting Revised Agreement Between AES Cayuga and the Tompkins County Industrial Development Agency (DOC ID: 1738) - Approval of Bylaws and Certificate of Incorporation of the Tompkins County Development Corporation (DOC ID: 1724) Ms. Robertson noted that later in the meeting there would be a presentation concerning the AES Cayuga agreement and that the resolution withdrawn will be brought back for consideration at the next Legislature meeting. Resolution(s) Added to the Agenda It was MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote, to add the following resolution to the agenda: - Authorizing the Execution of an Agreement with the New York State Department of Transportation — Job Access and Reverse Commute and New Freedom Rural Assistance Grant — 2010 to the agenda. (ID 1546) Resolutions Approved Under the Consent Agenda 18 January 19, 2010 It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 3 - IN SUPPORT OF H.R. 1362 AND S.1273 TO ESTABLISH PERMANENT NATIONAL SURVEILLANCE SYSTEMS FOR MULTIPLE SCLEROSIS, PARKINSON'S DISEASE, AND OTHER NEUROLOGICAL DISEASES AND DISORDERS It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Parkinson's Disease (PD) and Multiple Sclerosis (MS) are progressively (and permanently) disabling neurological diseases for which there are no lasting therapies or cures, and WHEREAS, annually in the United States (US) more than 60,000 persons are newly diagnosed with PD and more than 10,000 with MS, and WHEREAS, although estimates exist there is no accurate count of how many individuals are currently affected by these diseases and consequently no comprehensive databases for researchers to draw on, and WHEREAS, central nervous system drugs, including therapies for MS, PD, and other neurological diseases, are the slowest in the drug -development pipeline, taking an average of 15 years post -discovery for new therapies to reach the market, and WHEREAS, the causes of MS and PD are not well understood, and WHEREAS, studies have found relationships between both MS and PD and environmental and genetic factors, but those relationships are not well understood, and 'WHEREAS, although there are several small and uncoordinated MS and PD disease registries, surveillance systems, and databases in the United States and worldwide, there is no separate, coordinated, national surveillance system that can: • identify the incidence and prevalence of these diseases in the US, • collect demographic and other data important to the study of MS and PD, • produce epidemiologically sound data that can be used to compare with cluster information, Veterans Affairs data sets, environmental exposure data, etc., and • promote better understanding of causes, prevention, and treatment of disease, , and WHEREAS, proposed legislation known as "the National MS and Parkinson's Disease Registries Act" has been introduced in the first session of the 111th Congress, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature supports enactment of H.R. 1362 and S. 1273, the National MS and Parkinson's Disease Registries Act, a much-needed addition to our Public Health Service for the citizens of Tompkins County and the nation. SEQR ACTION: TYPE II -20 RESOLUTION NO. 4 - AUTHORIZATION TO ACCEPT FUNDS, EXECUTE CONTRACT, AND BUDGET ADJUSTMENT — HEALTHY NEIGHBORHOODS PROGRAM — HEALTH DEPARTMENT It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the New York State Department of Health (NYSDOH) has awarded one-year grant funding, for a Healthy Neighborhoods Program for the period October 1, 2009, through September 30, 2010, (with the possibility of two 1 -year extensions), and WHEREAS, the purpose of this funding will be to reduce injuries and deaths from residential 19 January 19, 2010 fires, neighborhood lead poisoning, hospitalizations due to asthma, and exposure to indoor air pollutants, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept said funds, RESOLVED, further, That the Department is authorized to execute any and all agreements necessary to complete the requirements of the grant, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment on his books for the Healthy Neighborhoods grant: REVENUE: 4090.43489 Other State Grants $168,495 APPROPRIATION: 4090.51000595 Public Health Sanitarian $ 50,772 .51000507 Keyboard Specialist $ 3,321 .52206 Computer Equipment $ 1,500 .52220 Departmental Equipment $ 500 .52303 Office Supplies $ 1,683 .54319 Program Supplies $ 66,016 .54330 Printing $ 2,000 .54412 Travel & Training $ 1,725 .54414 Local Mileage $ 12,870 .54442 Professional Service Fees $ 5,000 .54452 Postage $ 200 .54472 Telephone $ 1,000 .58800 Fringes $ 21,908 SEQR ACTION: TYPE II -20 RESOLUTION NO. 5 - AUTHORIZATION TO ACCEPT FUNDS, EXECUTE CONTRACT, AND BUDGET ADJUSTMENT — OFFICE OF HOMELAND SECURITY PREPAREDNESS FUNDING — HEALTH DEPARTMENT It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the New York State Department of Health (NYSDOH) and the New York State Office of Homeland Security (NYSOHS) have provided support for public health emergency preparedness activities for the period August 10, 2009, through August 9, 2010, and WHEREAS, the purpose of the NYSOHS funding is to support activities that are consistent with the State's Homeland Security Planning & Preparedness Strategy, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept said funds, RESOLVED, further, That the Department is authorized to execute any and all agreements necessary to complete the requirements of the grant, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment on his books for the Homeland Security funding: REVENUE: 4010.44959 Federal Aid $36,075 APPROPRIATION: 4010.51000507 Keyboard Specialist $ 3,553 .51000780 Bioterrorism Prep Coord $ 7,443 .52220 Departmental Equipment $ 4,107 .54303 Office Supplies $ 4,533 .54330 Printing $ 1,000 .54333 Education & Promotion $ 4,000 .54342 Food $ 1,432 .54354 Medical Supplies $ 3,800 .54412 Travel & Training $ 800 .54414 Local Mileage $ 50 20 SEQR ACTION: TYPE II -20 January 19, 2010 .54425 Service Contracts $ 545 .54442 Professional Service Fees $ 359 .58800 Fringes $ 4,453 RESOLUTION NO. 6 - TO AMEND RESOLUTION NO. 14 OF JANUARY 20, 2009 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. 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 $185,616 per annum to $194,589 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 Performance and Workforce Relations Committee, That the sum of $194,589 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and assistants and other expenses to assist in the administration of the mortgage recording tax law in her office, and that the sum of $15,000 per annum be, and the same hereby is, determined as 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 $209,589 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 Appointments Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Environmental Management Council Helen Slottje — At -large representative; term expires December 31, 2010 Sarah Adams - At -large representative; term expires December 31, 2011 Anthony Guarneri — At -large representative; term expires December 31, 2010 Empire Zone Administration Board David W. Sprague — Local Business representative; term expires December 31, 2012 Nels Bohn — Community Development representative; term expires December 31, 2012 Michelle Benedict -Jones — Financial Institution representative; term expires December 31, 2012 21 January 19, 2010 Office for the Aging Advisory Committee Pamela L. Jenkins -Smiley — term expires December 31, 2012 Advisory Board on Indigent Representation Kristine Shaw — term expires December 31, 2012 Criminal Justice Advisory/Alternatives-to-Incarceration Board Richard C. Bennett - Individual Who Provides State -certified Substance Abuse Treatment Programs or Services; term expires December 31, 2012 Emergency Communications Review and Oversight Committee Douglas E. Cotterill — Volunteer Fire and EMS Services representative; term expires December 31, 2010 Thomas L. Boyce — Village Police Chief — term expires December 31, 2011 Report from the Workforce Diversity and Inclusion Committee Mrs. Mc-Bean-Clairborne, Chair, said the Committee would meet January 27, 2010. Ms. Robertson noted that Ms. Pryor is interested in serving on this Committee and that the appointment will go through the Committee process. Report from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, said the Committee has completed its review of the Rules of the Legislature and copies of the proposed changes to Rules V -XVI have been distributed. The Legislature will consider these amendments at the next Legislature meeting. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee met January 12th and most of the Committee's business is reflected on the agenda. Report from the Government Performance and Workforce Relations Committee Mr. Shinagawa, Chair, said the Committee met briefly prior to the Legislature meeting. Report from the Facilities and Infrastructure Committee Mrs. Mc-Bean-Clairborne, Chair, said the Committee has not met. Ms. Herrera commented on the recent news release concerning the increased enplanements at the airport and said it is very encouraging. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee met last week and the resolutions approved are reflected on the agenda. RESOLUTION NO. 7 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE DEVELOPMENT GRANTS MOVED by Ms. Mackesey, seconded by Ms. Chock. Mr. Dennis said he would support the resolution, however, he expressed concern that the State Theatre is ineligible to receive money from Room Tax funds this year. He hopes to pursue this further and follow-up with other funding options that could be available. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 22 January 19, 2010 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 Occupancy Tax (Tourism Program) budget for the Arts and Cultural Organization Development Program, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, with the advice of the Strategic Tourism Planning Board, That the following Arts and Cultural Organization Stabilization Grants be awarded in 2010: RESOLVED, further, That CAP is paid an amount up to $17,100 (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 CAP pertaining to this program. SEQR TYPE: TYPE I1-20 RESOLUTION NO. 8 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 9 OF 2010: AUTHORIZATION TO HOLD A CONSERVATION EASEMENT ON TAX PARCEL NO. 12.-1-30 LOCATED ON BROOKTONDALE ROAD, TOWN OF CAROLINE MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, in Resolution No. 9 of 2010, the Tompkins County Legislature would authorize the County Administrator to execute any documents necessary for the County to hold, maintain, and enforce, in perpetuity, a conservation easement on Tax Parcel No. 12.-1-30 in the Town of Caroline, and 23 2004 2005 2006 2007 2008 2009 2010 Hangar Theatre 30,000 30,000 30,000 32,500 37,500 24,000 22,600 Cayuga Chamber Orchestra 20,000 25,000 20,000 22,000 23,275 18,700 21,373 Kitchen Theatre 25,000 25,000 35,000 39,680 34,000 22,400 21,264 Cayuga Nature Center 28,000 25,000 The History Center 20,000 30,000 23,000 30,000 30,000 23,200 21,458 PRI/Museu m of the Earth 20,000 25,000 30,000 18,000 15,000 Sciencenter 10,000 16,000 GRANTS TOTAL $125,000 $140,000 $158,000 $179,180 213,775 160,300 $142,695 RESOLVED, further, That CAP is paid an amount up to $17,100 (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 CAP pertaining to this program. SEQR TYPE: TYPE I1-20 RESOLUTION NO. 8 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 9 OF 2010: AUTHORIZATION TO HOLD A CONSERVATION EASEMENT ON TAX PARCEL NO. 12.-1-30 LOCATED ON BROOKTONDALE ROAD, TOWN OF CAROLINE MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, in Resolution No. 9 of 2010, the Tompkins County Legislature would authorize the County Administrator to execute any documents necessary for the County to hold, maintain, and enforce, in perpetuity, a conservation easement on Tax Parcel No. 12.-1-30 in the Town of Caroline, and 23 January 19, 2010 WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 9 of 2010 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 9 of 2010. SEQR ACTION: Unlisted (Negative Declaration and Short Environmental Assessment form on file with the Clerk of the Legislature) RESOLUTION NO. 9 - AUTHORIZATION TO HOLD A CONSERVATION EASEMENT ON TAX PARCEL NO. 12.-1-30 LOCATED ON BROOKTONDALE ROAD, TOWN OF CAROLINE MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, in 2007, the Tompkins County Planning Depai lulent was awarded grant funds through the New York State Department of Environmental Conservation's Water Quality Improvement Program (WQIP) to develop stream buffer protection measures, and WHEREAS, in early 2009 the owners of a streamside property in the Town of Caroline, Tax Parcel No. 12.1-30, contacted the Tompkins County Planning Department about their interest in protecting their 3.8 acre woodland that buffers Six Mile Creek, and WHEREAS, the County Planning Department, after thorough consideration of the various aspects of the property, consultation with the Town of Caroline Planning Board, and analysis of available data, has determined that protection of a 3.83 acre (1.55 hectares) portion of this parcel that buffers Six Mile Creek will enhance water quality and wildlife habitat and will conserve important riparian functions that are in the best interest of the public, and WHEREAS, a conservation area has been surveyed on the parcel and a conservation easement has been developed, and WHEREAS, the property owner has received no compensation for this easement, the cost of developing this easement including survey, legal research, and baseline documentation have been covered by the WQIP grant, and the annual cost for County Planning Department monitoring visits is estimated at less than $150, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to execute any necessary documents for the County to hold, monitor, and enforce, in perpetuity, a conservation easement on "the Thomas parcel", Town of Caroline Tax Parcel No. 12.-1-30. SEQR ACTION: Unlisted (Short Environmental Assessment Form on file in the office of the Clerk of the Legislature) RESOLUTION NO. 10 - AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - JOB ACCESS AND REVERSE COMMUTE AND NEW FREEDOM RURAL ASSISTANCE GRANT - 2010 MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the United States Department of Transportation (NYSDOT) is authorized to make grants to states through the Federal Transit Administration (FTA) to support eligible projects under Sections 5316 JARC (FTA C 9050.1), and 24 January 19, 2010 WHEREAS, NYSDOT was designed by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designed to increase access for welfare recipients and low income persons to employment, as identified through a coordinated planning process, and consistent with eligible activities described in FTA Circular 9050.1, and WHEREAS, Tompkins County will enter into contract with NYSDOT for the Tompkins County 2010 Rural Job Access and Reverse Commute (JARC) for FTA Section 5316 Federal funds to implement eligible JARC services in Tompkins County for an awarded Federal Share amount of $206,159 and including p Projects Federal Funds Operating Assistance - Rural Subscription Van Program $ 162,159 Mobility Management - Way2Go Program $ 44,000 Total JARC Funds $ 206,159 WHEREAS, Tompkins County has fulfilled the FTA coordinated plan requirements that the project "must be derived from the project area Coordinated Plan", by action of the Ithaca -Tompkins County Transportation Council, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Risk Manager to execute and file a Job Access and Reverse Commute grant agreement with NYSDOT to aid in the financing of operating assistance and mobility management projects, for a total of $206,159, pursuant to FTA Section 5316 JARC (FTA C9050.1), as amended, RESOLVED, further, That the County Contracts Coordinator is authorized to sign any and all agreements between Tompkins County and the State of New York for the Project and FTA annual certifications and assurances or other documents required by NYSDOT, RESOLVED, further, That the County Finance Director is authorized to submit and approve payment requests for reimbursement for Section 5316 funds from NYSDOT for eligible activities pursuant to FTA Section 5316 JARC (FTA C9050.1), as amended. SEQR ACTION: TYPE I1-20 Report from the 2010 Census Committee Ms. Mackesey, Chair, said the Committee met January 15th. Janice Young, representative from the Census Bureau attended and discussed the upcoming census. Staff from Information Technology Services also attended and provided a map of the results from the 2000 census that she displayed on the bulletin board in Legislative Chambers. Discussion followed concerning outreach efforts and the importance of having the census forms completed and returned. Report from the Budget, Capital and Finance Committee Mr. Dennis, Chair, said most of the Committee's business is reflected on the agenda. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Dennis, member, said the Committee met January 14th and had updates on jail boardouts and the Automatic External Defibrillator (AED) program. In addition, the Committee discussed its goals. RESOLUTION NO. 11- APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY - SHERIFF'S OFFICE — ROAD PATROL MOVED by Mr. Dennis, seconded by Ms. Chock. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 25 January 19, 2010 WHEREAS, the Sheriff's Office had one (1) employee out on medical leave for more than two months, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund for those days exceeding the two months, 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 2009: FROM: A1990.54440 Contingent Fund $14,382 TO: A3110.51000425 Secretary $14,382 SEQR ACTION: TYPE II -20 It was noted that there will be efforts made to reduce the copying of revised resolutions and that Committee chairs will make announcements of the changes, when appropriate, to resolutions. Ms. Herrera questioned that said process and said it is helpful and clearer to have the information provided in writing. Ms. Robertson referred this item to the Government Operations Committee. RESOLUTION NO. 12 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL -PAY REIMBURSEMENT — SHERIFF'S OFFICE — JAIL MOVED by Mr. Dennis, seconded by Ms. Pryor. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office had one (1) Head Cook, Jail, retire effective December 30, 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 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 2009: FROM: A1990.54440 Contingent Fund $189 TO: A3150.51000421 Head Cook $189 SEQR ACTION: TYPE II -20 RESOLUTION NO. 13 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY - SHERIFF'S OFFICE - JAIL MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Sheriffs Office had two (2) employees out on medical leave and one (1) employee out on Military Leave for more than two months in the Jail, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund for those days exceeding the two months, 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 2009: FROM: A1990.54440 Contingent Fund $64,723 TO: A3150.51000406 Corrections Officer $27,961 A3150.51000411 Corrections Sergeant $36,762 SEQR ACTION: TYPE II -20 26 January 19, 2010 RESOLUTION NO. 14 - APPROVAL OF AMENDED BYLAWS - EMERGENCY COMMUNICATIONS REVIEW AND OVERSIGHT COMMITTEE MOVED by Mr. Dennis, seconded by Ms. Chock, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the County Legislature reorganized the 911 Advisory Board and established the Emergency Communications Review and Oversight Committee by Resolution No. 318 of 2002, and then approved the Committee's Bylaws, and WHEREAS, the Emergency Communications Review and Oversight Committee at its regular meeting on December 16, 2009, unanimously approved amending those bylaws to revise Article III Membership, Item 2 to read: "one volunteer countywide fire and EMS representative, recommended by the Fire, Disaster, and EMS Advisory Board," and Item 3 to read: "one volunteer countywide fire and EMS representative recommended by the Fire, Disaster, and EMS Advisory Board," Item 13 to read: "one countywide fire and EMS representative recommended by the Tompkins County Fire/EMS Chiefs Association," and Item 14 to read: "one citizen position"; Article V Standing Committees is amended under Police to further include "TC3 operations," and also under Fire/EMS to read: "three countywide fire and EMS representatives." Article VII Meetings to read: "the committee shall meet a minimum of six times per year and determine the schedule of its meetings.", now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature approves the said amendments to the Emergency Communications Review and Oversight Committee. SEQR ACTION: TYPE 1I-20 Mr. Proto announced that the Health Department H1N1 clinics will be held as an abundance of vaccine Has been received. Over 6,000 inoculations have been given and all school districts have been completed. He also announced that on March 6th there will be a pharmaceutical day at TCAT for the public to dispose of old medications, needles, etc. Approval of Minutes It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the minutes of January 5th as submitted. MINUTES APPROVED. Recess Ms. Robertson declared recess at 7:36 p.m. The meeting reconvened at 7:42 p.m. Presentation — AES Cayuga Agreement Ms. Robertson introduced Mr. Goodenough, AES Cayuga Plant Manager, who began the presentation with a summary of his background and a detailed explanation of the Plant's operations and the situation from the economic conditions that have occurred since the original PILOT (Payment in Lieu of Taxes) agreement was established. The plant was constructed in the 1950s as NYSEG's Milliken Station, and was purchased in 1999 by AES Cayuga. AES Cayuga is not a utility, it is a "merchant power plant". Historically it has operated at an 80% capacity factor (electricity sold cf. electricity that could be produced); due to the serious national economic downturn, last year for the first time ever the plant's capacity was down to 61%. Mr. Mareane, County Administrator, and Mr. Whicher, former County Administrator, former Assessment Director, and volunteer on the IDA's negotiating team, explained the process and negotiations that have taken place that led to the previous agreement and the revised agreement that is described below in the outline. 27 January 19, 2010 Background and Impetus for the PILOT approved in 2009 Historically, the process of establishing a value was difficult and contentious; often leading to costly litigation --a situation common to all power generating facilities in the US, not just Tompkins County. The unpredictable fluctuating valuations made it difficult for AES as well as Lansing Central School District, Town of Lansing and the County to budget. The goal of all parties was to break that expensive and time consuming litigious cycle through a PILOT that recognized the value of the Plant would change over time as conditions changed, but allowed the impact of those changes to be phased -in over a reasonable period of years (up to five years). This allows AES and local taxing authorities to plan. The value of the Plant is tied directly to its ability to generate net income. Something to keep in mind throughout discussion: market value is what someone would pay for a property. In the case of an electric generation plant (or, for that matter, an office building), that is based on how much net income the property can produce for its owners. When Mr. Mareane referred to a year that an assessment is put in place --the assessment affects the school taxes the year it's put in place, and County and town taxes the next. When talking about changing the 2010 value in the PILOT, that change will affect school taxes this fall and County and town taxes in January 2011. The Original 2009 PILOT This was negotiated over a two-year period. Both parties agreed to use a model, developed by Steve Whicher, to help establish the Plant's value. o Prior to becoming County Administrator, Steve was the County Assessor and, before that, had done this kind of complex appraisal work for the State Office of Real Property Tax Services (ORPS) The valuation model looked at the most significant factors that affect the Plant's net income and, therefore, its market value. The major factors included estimates of: Fuel (coal) and transportation costs, which are the Plant's major expenses How much energy is expected to be sold (plant capacity factor) The price offered by the New York Independent System Operator (NYISO) for energy ($/mwhr sold). The facility is a merchant wholesale generator in the NYISO. Based on the conditions in 2007/2008, the valuation model indicated the plant had a value of about $255 million. Its prior value was $140 million As stated earlier, the agreement called for the increase in assessment to transition to the new value in steps, over a five-year period. We believed this type of phase in is in the best interest of all stakeholders. o 2008 (prior to PILOT) $140 million o 2009 $160 million o 2010 $180 million o 2011 $205 million o 2012 $230 million o 2013 $255 million The 20 -year agreement is structured as a series of five-year blocks of time. • In each of those five-year periods, an underlying value is determined. In this case, that underlying value was $255 million. If it is different than the prior value, a schedule is put in place that phases in the change over five years. 28 January 19, 2010 • This mechanism was created to provide a gradual transition for either party. However, it was fully understood by all parties that much short-term legislative, regulatory and economic uncertainty existed for the facility. In light of that, the agreement includes an on-going process intended to familiarize both parties with factors that may affect the Plant's value and builds in a two-year re -opener and other opportunities to make changes to reflect changing conditions. PILOT Review and Opportunities to Adapt to Change The agreement recognized that conditions could change, or that estimates may not be borne out by reality. To stay abreast of changes and actual performance, the agreement requires the parties to meet every June to discuss those conditions and review actual, rather than projected, performance data. The goal of this Annual Status Review is to avoid surprises and allow all parties to plan for potential future increases or decreases in the PILOT schedule. Should conditions warrant, the Agreement provides the following ways to modify the PILOT: 1. Through a single, set Adjustment Period (in which case, the Annual Adjustment Review will not occur). With notice early in each five-year block, either party can ask to revisit the baseline value. If a change is agreed to, it would be phased in over the final three years of that five-year block. 2. Through an ability of either party to declare an "extraordinary circumstance" at any time. In that case, the value would be reviewed and, if changed, a new phase-in schedule would be put in place over the remaining years of that five-year block. 3. If negotiations fail, the parties must seek third -party mediation and, as a last resort, go to court for a judicial determination. The Revised PILOT: In the spring of 2009, AES Cayuga informally advised the County and the IDA of a rapid decline of its financial condition caused by the economic meltdown, falling energy demand, and low natural gas pricing that sets market clearing prices in the NYISO By summer, the company had formally invoked the "extraordinary circumstances" section of the PILOT and requested a review of the valuations in the PILOT in light of the uncontrollable decline in its finances and, therefore, the declining valuation of the property. The County and IDA negotiating team reassembled, including Steve Whicher. Representatives of the Town of Lansing and Lansing School District were invited to participate in all discussions and attended some but not all of them. Negotiating team: Martha Robertson, Dooley Kiefer, Michael Koplinka-Loehr, Michael Stamm, Joe Mareane, Steve Whicher. The negotiating team met with AES initially to understand the financial conditions at the plant. Recall, the key factors in the financial condition of the plant and the variables in the valuation model we used were: fuel costs, transportation cost, energy production (plant capacity factor), and the price paid for energy for each megawatt produced by the plant. Review found: No evidence that bad management or corporate failings had contributed to the current set of circumstances. • Financial stresses at the Plant tied solely to the recession, low energy prices, low natural gas pricing, new environmental taxes and fees and resulting drop in demand (capacity factor) for energy. 29 January 19, 2010 A major change in the financial condition of the plant compared to those that formed the basis of the valuation in the original PILOT: • On the income side, both the capacity factor and sale price of energy were far below estimates used to set the original PILOT • On the expense side, a new environmental tax (RGGI) was enacted by New York State, increased air permit fee/ton were legislatively added, plus coal prices were remarkably steady even though total energy demand was down, reflecting a global demand for coal. • Therefore, with revenues falling and expenses rising, the Plant's net income was substantially below the original estimates used to compute the Plant's value. Four meetings with AES between July and November to settle on a final value and phasing plan that took into account both the general principle of a phased approach and the extraordinary immediate circumstances facing the Plant. o The negotiating teams agreed to a value of $100 million, and to a somewhat front- loaded phasing plan that reduced the assessed value from $160 million in 2009 to: o $130 million in 2010 o $120 million in 2011 o $110 million in 2012 o $100 million in 2013 o Also agreed to come back later this year to review the $100 million in light of updated information on the economy and the Plant's finances. Impact of Revision (based on current tax rates): 2009-10 vs. 2010-11 Assessment $160 Mil $130 Mil Change School 2,835,200 2,303,600 (531,600) County 960,000 780,000 (180,000) Town 275,200 223,600 (51,600) Fire 157,120 127,660 (29,460) Total 4,227,520 3,434,860 (792,660) Miscellaneous o AES Cayuga is a high quality local employer offering well above average wages and benefits to employees. They also support local not -for -profits and community-based activities. o AES Cayuga's facilities include underutilized land and infrastructure that may attract other job -creating economic development activity. o AES Cayuga is the largest single private taxpayer in the County. Following lengthy questions and answers, Mr. Squires reminded the Legislature that the County guarantees taxes to municipalities and if a large taxpayer like this were to default, the County would have to pay the school district and the municipality. Ms. Chock said she would like to have an annual report to Legislature from the negotiating committee. Mr. Burbank spoke highly of the facility and urged Legislators, and Mr. Goodenough agreed, to take the opportunity and tour the facility. 30 January 19, 2010 Ms. Robertson clarified that the decision makers for this proposed modified agreement are AES Cayuga and the Industrial Development Agency. The resolution by the County would be to support the revised PILOT. It was MOVED by Mr. Proto, seconded by Ms. Pryor, to add to the agenda the resolution entitled Supporting Revised Agreement Between AES Cayuga and the Tompkins County Industrial Development Agency (DOC ID: 1738). Discussion followed and some Legislators expressed interest in postponing action to allow additional time to discuss and gather information. A voice vote on adding the resolution to the agenda resulted as follows: Ayes — 5 (Legislators Dennis, Lane, Proto, Pryor, and Robertson); Noes — 10 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, Robison, Shinagawa, and Stein). MOTION TO ADD FAILED. Ms. Robertson thanked Mr. Goodenough and Mr. Whicher for their time and said the motion would be on the February 2 Legislature agenda. Ad" ournment The meeting adjourned at 9:09 p.m. 31 February 2, 2010 Regular Meeting Call to Order Chair Robertson 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 Shinagawa arrived at 5:37 p.m.). Presentation of Proclamation Ms. Robertson declared the month of February as Library Lovers Month in Tompkins County. Privilege of the Floor by the Public No one from the public wished to speak. Report from a Municipal Official No municipal official was present. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, said he sent a letter to all school and public libraries recommending they provide comments to the Federal Communications Commission to be included in the next Broadband Report to Congress. He noted libraries presently receive funding for computer services through the Universal Service Fund. Mr. Shinagawa arrived at this time. Ms. Chock, District No. 3 Legislator, provided a brief report on the January 25th Lobbying Day in Albany. She spoke of the number of individuals present to discuss the topic of gas drilling and meetings with a variety of Senatorial staff. She said Ms. Robertson's speech provided encouragement to those attending. In addition to meeting with Senatorial staff, the local contingent also met with representatives of the Governor. She said that although some other counties did not express concern about their watersheds, New York City has several bills relating to the issue. Ms. Chock said if anyone has input regarding the gas drilling issue to let her or Ms. Robertson know as they hope to make another trip to Albany. Mr. Dennis, District No. 15 Legislator, congratulated Cornell University's basketball team who ranked 25th in the nation for the first time since the 1950's. He congratulated the team and in particular team member Jeff Foote, who attended Spencer-VanEtten schools. Mr. Dennis announced the passing of Tony Petrillose, who operated a barbershop in the Collegetown area for 60 years. He expressed sympathy to the family and noted the community will miss him. Mr. Burbank, District No. 12 Legislator, expressed gratitude to Mr. Proto for organizing a meeting with Senator Seward and encouraged more meetings with State Legislators. He attended the February 1st Community Forum on racism, tolerance, collaboration, and commitment at the Holiday Inn; many important things were said and he acknowledged Cameron Younger for expressing views of youth. Mr. Lane, District No. 14 Legislator, was pleased to hear Governor Paterson speak about the Marcellus Shale issue and that over 13,000 pieces of correspondence were received. He said with new committees and conversations about budgets being discussed, attention should be paid to what the State is 32 February 2, 2010 doing. He appreciates the work County Administration and New York State Association of Counties (NYSAC) are undertaking regarding budgets and said the County should do what is necessary and contact State representatives about concerns. Ms. Kiefer, District No. 10 Legislator, expressed her disappointment that the Governor's budget zeroes out the Integrated Pest Management (IPM) program. She said it has helped farmers in many ways by indicating what the weather would be and what sprays they could do without. Not only has the program saved chemical use and money, but has made food supplies healthier. Mr. Proto said the Water Resources Council has prepared another letter to the Governor expanding on some areas of concern regarding gas drilling; he will provide Legislators with copies. He also congratulated Tompkins Cortland Community College for its first place standing in basketball. Ms. Herrera, District No. 5 Legislator, announced that Senator Harry Reid has brought forward three nominations for the National Labor Relations Board. This board has five positions and has been functioning poorly with only two. She said there is presently testimony in front of Congress from top United States military officials about efforts to end the "Don't Ask, Don't Tell" rule for the military. This rule has caused a great deal of problems and has prevented many qualified and interested people from serving. Ms. Pryor, District No. 6 Legislator, spoke of the "Don't Ask, Don't' Tell" rule, noting it has cost millions of dollars to keep in place. She said highly trained soldiers were discharged due to this rule. Ms. Pryor spoke of the continued dire situation in Haiti, noting a family in Lansing as well as others in the county have relatives there. She said over $7,000 has been raised by Lansing organizations to assist the country. Mrs. McBean-Clairborne, District No. 2 Legislator, announced February 1st marks the beginning of Black History Month. In recognition, The History Center is displaying a quilt in the Legislative Chambers representative of African Americans in New York State. The quilt, featuring Sojourner Truth, Harriet Tubman, George Crum, Jermain Loguen, and Mabel Webb VanDyke, was donated by Patty Davis, Lillian Love, Cynthia Schnedeker, and Georgette Sinkler. Mrs. McBean-Clairborne also announced The History Center will hold a screening of a local documentary called "Passing It On: the Southside Story" on February 25th at 5:30 p.m. The film was made with significant African American leaders in the City of Ithaca and Tompkins County and includes interviews with Francis Eastman, Dianne Sams, Dorothy Rawlings, and Anita Reed. Mrs. McBean-Clairborne echoed the sentiments of other members attending the Community Dialogue and said a great deal came out of the program. She spoke about the concern that the Fresh Fruit Program at the Greater Ithaca Activities Center may be eliminated due to lack of funding. She would like the program to be maintained as it provides fresh fruits and vegetables to youth. Mr. Shinagawa, District No. 4 Legislator, said that in addition to the IPM program being eliminated in the Governor's budget, the Summer Jobs Program is also proposed for elimination. He encourages the County to make efforts to maintain this program. With regard to the Community Forum he extended congratulations and noted it was a very diverse crowd with a great deal of positive energy. Mr. Stein, District No. 11 Legislator, said he also attended the event with over 350 in attendance. With regard to diversity and inclusion within the military, he spoke of the armed forces having been totally segregated in 1946 with people of color only assigned specific jobs. President Harry Truman said it was not fair and decreed there would be no segregation in the armed services. Mr. Stein believes it was the most important civil rights step to that point. Sales Tax Agreement Presentation Mr. Squires, Finance Director, provided a PowerPoint presentation outlining the history and distribution of sales tax agreements within the county. The report outlined New York State's requirement that tax be shared in a uniform manner. Prior to 1991 the County sales tax rate was 3 percent and was 33 February 2, 2010 shared with 1.5 percent City Tax within the City; 1.5 percent County Tax within the City, and 3 percent County Tax outside of the city, which was shared equally with municipalities based on population. In 1991 due to the economic downturn the County sought an additional 1 percent sales tax. This request required municipal support in order to receive approval from New York State. To obtain the support, the City and County negotiated an agreement for support of services that had been funded by the City that were used by non -city residents as well. This municipal agreement is separate from the Sales Tax Sharing requirement used for the 3 percent sales tax. Since the agreement started in 1992, sales tax revenues within the City of Ithaca have increased from $885,000 in the first year to $1,615,910 in 2009. The Municipal Sales Tax Agreement supports a variety of agencies and services such as: Tompkins Consolidated Area Transit, 911 Dispatch, Human Service Agencies, Youth Services/Youth Bureau, Mental Health/Recreation Mainstream. The City's portion goes to Southside Community Center and Tompkins County Public Library, with the City retaining a portion. Ms. Herrera noted the distribution of sales tax being based on population should be an incentive to have municipalities stress the importance of being counted in the upcoming census. Mr. Lane said if the County had not come to agreement with the City it could have pre-empted or opposed the additional tax. He spoke of efforts by New York State Association of Counties to request the State not require a two-year sunset on sales tax revenue. In response to Ms. Chock, Mr. Squires said the language of the municipal agreement presumes it does not sunset. It is modified from time -to -time based on circumstances. Mr. Squires said the County's agreement is not uncommon and is similar to those used in other counties. If there were no cities within a County, the County retains all the additional sales tax. In some counties, cities may opt not to keep a portion as it is more beneficial to allow the County to retain the sales tax. In response to Mr. Stein's question on renegotiation, Mr. Squires said the initial $885,000 was indexed to activity reported within the city from the new tax. The amount fluctuates and, if necessary, is adjusted in the following year. Some counties experience renegotiations every two years but our County has not; the only decline experienced was in 2009. Ms. Mackesey said the agreement has leveled out the manner in which the agencies were supported and is beneficial. Mr. Proto said the agreement has worked well. He noted some municipalities prefer to take their share as a credit to the tax levy. Ms Herrera said the County votes on a regular basis to extend the sales tax. Some Legislators, like herself, have voted against extension due to concerns that the sales tax is a regressive tax disproportionately affecting the poor. Recent experience shows that government reliance on the sales tax for revenue has proven to be perilous. She noted that Legislators have voted to continue with the sales tax because the City of Ithaca would not have enough time and notice to adjust their budgeting. Mrs. McBean-Clairborne spoke of sales tax exemptions having been considered and that it may be a good topic to discuss in the new budget season. Mr. Burbank said sales tax is an important question of what would be best to do without creating a more regressive tax structure. Report from the Chair Ms. Robertson said the Economic Development Collaborative meeting was last week and updates were provided indicating Borg Warner has begun to hire back individuals laid off, with 50 new jobs in the next three weeks. In addition there are other business expansions taking place with activities occurring in housing. She is hoping the Planning Department will put together a compilation of how many new 34 February 2, 2010 permits are being issued for housing. She announced that Tompkins Cortland Community College is having a Bio -Career Connection, a chance for job -seekers and bio -science related companies to connect. Ms. Robertson also expressed appreciation to Mr. Proto for setting up the meeting with Senator Seward regarding gas drilling and budget issues. Ms. Robertson spoke of the upcoming New York State Association of Counties Legislative Conference in Albany next week. Mr. Stein and Ms. Pryor will be attending the Pelletier County Government orientation for newly elected legislators, and other members of the Legislature will be attending various meetings at the conference. She announced Mr. Marx, Commissioner of Planning and Public Works, will be presenting on the issue of gas drilling, with Tom Santulli moderating the session. Chair's Appointment(s) Ms. Robertson appointed Mr. Dennis, Ms. Fitzpatrick, and Mr. Mareane to the Special Negotiating Committee. Ms. Robertson said she had had questions regarding liaison roles and board appointments; these will be going through committees this next week. Report from the County, Administrator Mr. Mareane reported the Health Benefits Consortium met last Thursday to consider amendments to the agreement that would provide for requests from the State Insurance Department regarding union interests. There will be a labor-management advisory committee, comprised of all union membership and municipalities that will review any proposed changes. The Chair of the advisory committee will be a union representative and the Vice Chair a municipal representative. The Consortium supported the amendments. The New York State Insurance Department has asked for feedback from the unions, and Ms. Fitzpatrick, Personnel Commissioner, is coordinating meetings with all member -municipalities' unions to obtain their approval, which would then be forwarded to the State Insurance Department. Once forwarded it would also come back to the Legislature and other participants for approval. It is hoped this work would be completed by early March or April. With regard to the weighted voting, at the present time the City and County have half the votes. A concern was expressed that the addition of the union vote might dilute the smaller municipalities. To address the concern it was determined to include the union vote in the County's share, preserving voting requirements in the original agreement. In response to Mr. Proto asking whether any municipality is hesitant to continue, Mr. Mareane said the Consortium has held together and confirmed an interest in continuing. Ms. Robertson acknowledged the work Mr. Mareane and Mr. Barber have done for the Consortium. She said the cost of insurance coverage for the old plan versus the consortium rates is $20,000 more per month. Mr. Mareane reported he had a meeting yesterday with Judge Mulvey, Ms. Robertson, and Mr. LeMaro, Facilities Director, about a facilities study of the Courthouse to determine the space needs of State Courts. A consultant should be in place by March 1St, with the study taking approximately three months. He said the State has been patient and will allow time for planning in the event any departments needs to be moved. Report from the County Attorney Mr. Wood reported on the Average Wholesale Price litigation the County had joined regarding fraudulently overstated pricing for drugs billed to Medicare that caused the County and Medicare program to be charged more. There have been some funds reimbursed and a decision from a judge on a partial summary judgment that stated the 13 defendants fraudulently misstated the values of the drugs billed. Although positive it does not deal with the issue of liability to counties. 35 February 2, 2010 Report from the Finance Director Mr. Squires reported he has sent out approximately 800 letters to property owners who are delinquent on school taxes. He said many people want to pay the taxes but do not know what is owed when the School turns over collection to the county. When turned over to the County there is a five percent return fee added to the amount plus the interest for unpaid months. other districts re -levy, but the Ithaca City School District does not send out reminders so these delinquency letters often bring attention to the need to pay the taxes. Mr. Lane spoke of having difficulties during the closing of sales due to the fragmented system. Often he has to hold the funds to pay the taxes until the amount is known. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted Ms. Mackesey permission to withdraw the following resolution(s) from the agenda: -Supporting Revised Agreement Between AES Cayuga and the Tompkins County Industrial Development Agency (ID# 1738) Ms. Pryor, who represents the Town of Lansing, explained many of her constituents contacted her expressing concern about the agreement and its impact on property taxes. She would like to have their questions answered prior to moving ahead with the resolution. Resolution(s) Added to the Agenda There were no resolutions added to the agenda. Resolutions Approved Under the Consent Agenda There were no resolutions presented under the Consent Agenda. Appointments Approved Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Fire, Disaster, and EMS Advisory Board Larry Lanning — Town of Enfield representative; term expires December 31, 2012 (Delegate) Larry Stillwell — Town of Enfield representative; term expires December 31, 2012 (Alternate) Advisory Board on Indigent Representation Legislator — Peter Stein; term expires December 31, 2012 Legislator — Leslyn McBean-Clairborne; term expires December 31, 2012 STOP -DWI Advisory Board Brian Robison -Public Safety Committee member; term expires December 31, 2012 Local Emergency Planning Committee Nathan Shinagawa -Chair of the Public Safety Committee; no set term Criminal Justice Advisory/Alternatives-to-Incarceration Board Leslyn McBean-Clairborne -Chair of the Public Safety Committee (or designee); term expires December 31, 2012 36 February 2, 2010 Traffic Safety Committee Peter Stein, Brian Robison; terms expire December 31, 2010 Nathan Shinagawa -term expires December 31, 2011 Leslyn McBean-Clairborne -term expires December 31, 2012 Emergency Communications Review and Oversight Committee Martha Robertson — Public Safety Committee member; term expires December 31, 2011 Report from the Health and Human Services Committee Mr. Proto, Chair, said the first meeting will be on February 10th. In addition to items from the Health Department, advisory board and liaison appointments will be reviewed. He said these appointments sometimes include people outside of the Committee and if any Legislator is interested in serving to let him know. He announced that Foodnet will have its annual outreach day on March 24th, when elected officials are invited to participate in deliveries of meals to clients. Ms. Kiefer said she participated in the outreach function last year as a volunteer driver. She enjoyed and admired the individuals who work at the program and noted the food preparation is impressive. Mr. Burbank said he has friends who depend on the meals; the quality is excellent and the program is a very important one. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, said the Committee would meet February 5th at 9:30 a.m. For the first several meetings she will be having in-depth presentations for the areas the Committee is responsible for. At the next meeting the Highway Division will provide information on the County bridge program. She invited all interested Legislators to attend. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the first regular meeting will be on February 18th. A special meeting was held prior to the Legislature meeting to act on a resolution on the agenda. On the 18th the Committee will review goals and how to proceed with the various topics of operations within the County. RESOLUTION NO. 15 - REFUND OF TAXES -TOWN OF ITHACA (62.-2-1.127) MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the Legislature is informed that errors have been made in the 2007, 2008, and 2009 tax rolls of the Town of Ithaca, namely parcel 62.-2-1.127, assessed to Janivar Inc., was erroneously charged for special district charges for Sewer and Water District charges, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Town of Ithaca Tax Collector is directed to correct the 2007 tax roll, the 2008 tax roll, and the 2009 tax roll, RESOLVED, further, That the amount of $3,190 for the year 2007, $3,190 for the year 2008, and $3,190 for the year 2009 be refunded to Janivar Inc., RESOLVED, further, That the amount of $9,570 be charged back to the Town of Ithaca. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee will meet on February 3rd 37 February 2, 2010 RESOLUTION NO. 16 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY MOVED by Ms. Mackesey, seconded by Ms. Pryor. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 1 (Legislator McBean- Clairborne). 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: Nathan Shinagawa -Member, Tompkins County Legislature (City representative) Will Burbank -Member, Tompkins County Legislature (Rural representative) Jim Dennis -Member, Tompkins County Legislature (Rural representative) Martha Robertson -Member, Tompkins County Legislature (Rural representative) RESOLVED, further, That the following appointments be reaffirmed: 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 II -20 Report from the Planning, Development, and Environmental Quality Committee — Continued Mrs. McBean-Clairborne announced public hearings for the downtown Ithaca 2020 strategic plan would take place on February 8th at 7:00 p.m. and February 10th at 8:30 a.m. in the Borg Warner Room of the Tompkins County Public Library. Mr. Proto said he has questions in regard to the Tompkins County Area Development/Industrial Development Agency Corporation Local Development Corporation resolution. Ms. Mackesey said the resolution was withdrawn and will be discussed at the March committee meeting. Mr. Burbank noted there would be a discussion about the Route 96 Corridor Study at the February Committee meeting. Mr. Proto said the study could impact many people and he would like to have a presentation to the full Legislature. Ms. Chock said she would like to have clarification regarding appointments to various advisory boards and asked if there was a policy regarding having Legislators as voting members. Ms. Mackesey responded it is a topic to be reviewed by the Government Operations Committee. Report from the 2010 Census Committee Ms. Mackesey, Chair, said the Committee met February 1st. The Public Information Advisory Board provided a report on their work and a slogan, "Everyone Counts in Tompkins County: 2010 Census", was chosen. There will be a Census kickoff on March 1St at noon, and all municipalities are encouraged to hold events on April 1St the official Census Day. The Committee had asked for approximately 8-10 Questionnaire Assistance Centers to be staffed to provide assistance to individuals with questions about the form. However, the Committee was notified that only four locations were designated, none of which were the County's choices. A letter is being sent to the Census Bureau local office requesting the locations be amended to reflect areas more fitting. There are elected representatives in the Collegetown area focusing on informing residents of the importance of completing the form. 38 February 2, 2010 Report from the Budget and Capital Committee Mr. Dennis, Chair, said the Committee met last week and discussed Mr. Mareane's three-year budget forecast documents. The Committee also had a discussion about what the Governor's budget could mean to the County and about the new budget document format, and heard a self-insurance and sales tax presentation. The next meeting will be on February 8th Report from the Public Safety Committee Mr. Shinagawa, Chair, said the Committee met February 1St. Prior to that meeting he met with Department heads to have an understanding of their operations. He noted the Probation Department has supervision over 710 individuals with more than 200 being DWI related. The District Attorney spoke of focusing on DWI's and is coordinating with local law offices. She will be bringing eyewear that simulates drinking to the meeting to show what happens to vision while under the influence. The Committee also had a presentation on computer-aided dispatch and work with the sheriff s office, emergency response, and other law enforcement. Report from the Workforce Diversity and Inclusion Committee Mrs. Mc-Bean-Clairborne, Chair, said the Committee met January 27th and spent a good deal of time on the climate survey that will be provided to employees. In addition, the Committee discussed a cooperative effort with the Ithaca City School District, Cayuga Medical Center, and others to bring a series of workshops by David Billings to the county. The County has negotiated for 30 spots within the 3 - day, six -hour, sessions. The Committee will have a resolution coming forward to provide $2,500 for the training. Mrs. McBean-Clairborne said she would like to have this training made available to Legislators as well. She reported the collaborative work on civil service exam prep workshops is continuing. Ms. Reistetter, Project Assistant, has been very helpful on this effort. The next meeting will be on February 24th. Mr. Proto asked who would be attending the series of workshops; Mrs. McBean-Clairborne said she hopes a variety of staff will attend the workshops. Mr. Dennis asked how the Climate Survey will be distributed. Mrs. McBean-Clairborne said although the logistics are not completed, it would be conducted as a confidential survey. By the next meeting more information will be available. Mrs. McBean-Clairborne encouraged new members to read the County Diversity Statement. Department Visits Ms. Younger spoke of having tours to various departments for interested Legislators. She is developing a master schedule, which will then be provided to interested parties. Ms. Younger expressed a desire to have tours be a group of Legislators rather than a single individual. Report and Presentation of Resolution(s) from the Legislative Rules and Procedures Committee Ms. Kiefer, Chair, reported the Committee has completed its review of the Rules of the Legislature. RESOLUTION NO 17 - AMENDING RULES V — XVI OF THE RULES OF THE LEGISLATURE It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to approve the following resolution. Mrs. McBean-Clairborne asked why there was a specific reference to electronic devices in Rule V — Order and Decorum. Ms. Kiefer said the intent was to indicate full focus should be on the meeting; it is 39 February 2, 2010 more noticeable to see how easily distracted people become by them. Mrs. McBean-Clairborne would prefer the amendment to indicate a request for focus and attention rather than the specification of electronic devices. Mr. Dennis said that although electronic devices are distracting, people find other ways to be distracted as well. He does not believe the amendment is necessary. It was MOVED by Mr. Burbank, seconded by Mr. Dennis, to amend the seventh paragraph, substituting it with the following: "Legislators are expected to remain engaged with the topics under discussion and should avoid activities that would divert their attention or are distracting to others." Ms. Kiefer accepted the language as friendly with the exception of removing the references to cell phones. Mr. Stein indicated he would rather not have "friendly amendments" accepted on resolutions. There are many items that could be distracting not mentioned within the document. He said people should use good sense and have phones on vibrate. With regard to computers he understands why people may want to look up related information but does not believe computers should be used for local news, sports, etc. Ms. Mackesey does not feel there has been a problem that would require the language and, therefore, no need to include it. Ms. Chock said she can understand why use of a laptop could be beneficial to individuals to write notes and look up information. She said perhaps the language could be omitted at this time and considered in the future. Mr. Lane commended the Committee for addressing the issue and noted he has been distressed when people use electronic devices during meetings. He said each Legislator represents between 6,500 and 7,000 people; it is good to be courteous and do the people's business. Mr. Dennis asked what the purpose of the paragraph referencing the Freedom of Information Act located immediately before the proposed amended paragraph was. Ms. Kiefer said it was included to encourage less use of personal communications during the meeting. Ms. Pryor said she was surprised by the added language and noted decorum is expected of adults, particularly elected officials. Mr. Stein said he would like the first paragraph relating to Freedom of Information Act to be eliminated but does not believe it is necessary to amend the second paragraph regarding electronic devices. Mr. Robison expressed concern that if the paragraphs were included it would require a designated individual to be willing to enforce them. Ms. Robertson explained the inclusion of the paragraphs was the result of concerns expressed on electronic devices used during Legislature and Committee meetings. It was appropriate to address the concerns but perhaps having the discussion has brought about sufficient awareness of them. It was MOVED by Ms. Chock, seconded by Mr. Stein, to amend the previous amendment to read as follows: "Electronic devices should be silenced during meetings. If a Legislator must receive or make a cell phone call during a meeting, he/she is expected to briefly leave the meeting to do so. Legislators are expected to remain engaged with the topics under discussion and should avoid activities that would divert their attention or are distracting to others." Ms. Herrera agreed with Mr. Burbank's original amendment and believes the entire paragraph should be eliminated. Mrs. McBean-Clairborne said she does not believe the amendment is necessary. 40 February 2, 2010 Mr. Proto supports the amendment and strongly voiced a concern that outside business or interests not be conducted during Legislature or standing committee meetings. A voice vote on the amendment to the amendment resulted as follows: Ayes — 8 (Legislators Chock, Kiefer, Lane, McKenna, Proto, Robertson, Shinagawa, and Stein); Noes — 7 (Legislators Burbank, Dennis, Herrera, Mackesey, McBean-Clairborne, Pryor, and Robison). MOTION TO AMEND CARRIED. A voice vote on the amendment as amended resulted as follows: Ayes — 8 (Legislators Chock, Kiefer, Lane, McKenna, Proto, Robertson, Shinagawa, and Stein); Noes — 7 (Legislators Burbank, Dennis, Herrera, Mackesey, McBean-Clairborne, Pryor, and Robison). MOTION CARRIED. It was MOVED by Mr. Stein, seconded by Mr. Dennis, to amend Rule V — Order and Decorum, to remove the paragraph that reads: "Legislators should be aware that any electronic or handwritten communications sent during a Legislature or Committee meeting are subject to the Freedom of Information Law." A voice vote on the motion resulted as follows: Ayes — 9; Noes — 6 (Legislators Burbank, Chock, Kiefer, Lane, Proto, and Robertson). MOTION CARRIED. In response to a question by Mrs. McBean-Clairborne regarding clarification of program committees versus Legislative committees, language to specify "program or Legislative" committees in Rule XIII was added. It was clarified that the purpose of the language in Rule XIII regarding temporary members was to show that the temporary appointment of a Committee member was only until enough permanent members were present to have quorum. It was MOVED by Ms. Herrera, seconded by Mr. Dennis, to remove the language in Rule VII — Rules of Voting (2), "Members are expected to remain in the room when a vote is to be taken." Ms. Herrera said there are times it is necessary for individuals to step outside of the room. Mr. Proto said the language does not say a member must stay in the room, rather that they are expected to participate in a vote. In response to Mr. Stein's question, Ms. Kiefer said the Committee had a discussion about how a member could leave the room if it was desired not to have a vote recorded; the language was added to indicate that is not the expected behavior. Mr. Stein said he is surprised an individual member could not abstain, which is possible at the Ithaca Town Board meeting; if it was allowed it would not be necessary to add the language. A voice vote on the motion to amend resulted as follows: Ayes — 10; Noes — 5 (Legislators Kiefer, Lane, McKenna, Proto, and Pryor). MOTION CARRIED. It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to call the question. QUESTION CALLED. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 4 (Legislators Dennis Mackesey, McBean-Clairborne, and Pryor). RESOLUTION ADOPTED. WHEREAS, the Legislative Rules and Procedures Committee (Rules Committee) was created in January 2009, and charged to review the Rules of the Legislature to update County Policies and Procedures as well as Legislator accountability, and WHEREAS, for efficiency's sake the Rules Committee has decided to forward for action single or small groups of Rules as it completes its review of them, and WHEREAS, amendments to Rules V -XVI are being recommended to reflect more clearly procedures and current practices, now therefore be it 41 February 2, 2010 RESOLVED, on recommendation of the Legislative Rules and Procedures Committee, That Rules V -XVI are hereby amended to reflect the following changes: RULE V - ORDER AND DECORUM The Chair shall preserve order and decorum and shall decide all questions of order, subject to an appeal from the Legislature. If an appeal is taken from a decision of the Chair, the Chair shall have the right to explain the reason for the decision. The Legislature shall decide the case without debate, and the question shall be stated by the Clerk, "Shall the ruling of the Chair be overruled?" The vote shall be taken by roll call of the members present including the Chair. If the majority of the members present and voting are in favor of overruling the Chair, then the ruling shall be overruled. If the majority of such members do not vote in favor of overruling, then the ruling of the Chair shall be sustained. While the Chair or the Clerk is taking a vote, or while the roll is being called, or while a member has the floor and is speaking, no other member shall speak except to rise to a point of order. No member of the Legislature should make a public statement criticizing the job performance of an employee or official (this does not include elected officials). If the direct subject of the public criticism is the content, implementation, or outcome of a policy, this is not considered to be a criticism of job performance. In the event of a disruption during the meeting, the Chair shall have discretion to recess the meeting and reconvene it at such time as the disruption has ceased. Electronic devices should be silenced during meetings. If a Legislator must receive or make a cell phone call during a meeting, he/she is expected to briefly leave the meeting to do so. Legislators are expected to remain engaged with the topics under discussion and should avoid activities that would divert their attention or are distracting to others. RULE VI - MOTIONS AND THEIR PROCEDURE When a question shall be under consideration, no motion shall be made except as herein specified, which motions shall have precedence in order stated, viz: 1. To adjourn or take a recess 2. For a roll call of the Legislature * 3. For the previous question * 4. To lay on the table indefinitely 5. To lay on the table until a certain time 6. To refer to a Standing Committee 7. To refer to a Special Committee 8. To amend An amendment to an amendment cannot be amended. * These motions are NOT amendable or debatable. The motion to adjourn or to take a recess shall always be in order but cannot be made while the Chair or the Clerk is taking a vote, while the roll is being called, while a member has the floor, or after the previous questions has been ordered. A motion to refer or to lay on the table shall, until it is decided, preclude all amendments and debate on the main question. RULE VII - RULES OF VOTING 42 February 2, 2010 (1) Except where otherwise provided specifically by these rules or by statue, the majority vote of the whole number of the duly constituted whole Legislature shall govern. When the Legislature shall be equally divided on any question, including the Chair's vote, the question shall be deemed lost. (2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless that member has a direct interest in the result of the vote. (3) The Chair shall in all cases have a right to vote. (4) Any member requesting to be excused from voting may make, when that member's name is called or immediately after the roll is called and before the result is announced by the Clerk, a brief statement of the reasons for making such a request. Such statement shall be limited to five (5) minutes in time and the Legislature, without debate, shall decide in the affirmative or negative upon said request. But nothing in this rule shall abridge the right of any member to record that member's vote on any question before the result is announced by the Chair. (5) If a member present is not excused from voting and if said member refused to vote on a question, the member's vote shall be recorded in the affirmative. (6) Any member shall have the right to have that member's vote recorded and entered in the minutes on request, without explanation, and without requiring the ayes and nays to be called. (7) The ayes and nays shall be taken by roll call upon all resolutions involving appropriations, levying taxes, fixing salaries, and upon any other questions when any member so requests and whenever so taken, they shall be entered by the Clerk in the journal and published in the proceedings of the Legislature. On all other motions, resolutions, reports or questions, the vote shall be taken by voice vote unless a member requests a roll call in which case a roll call shall be taken. (8) Roll -call voting shall be rotated at each regular meeting, except that the Chair shall vote last. A roll call is not deemed started until a member answered to the call. If a roll call shall be started on any motion or resolution, the roll call must be completed. By unanimous consent of the Legislators present, the roll call requirement may be met by requesting the Clerk to call the names of the persons voting first and last on the rotation. If no member requests their vote to be recorded in opposition, the roll call shall be deemed to be properly taken and recorded. (9) Paragraphs (1) through (5) of this Rule shall apply to all of the standing and special committees of the Tompkins County Legislature. RULE VIII - MOTION TO RECONSIDER A motion to reconsider a vote shall not be in order except on the same day or at the next session of the Legislature after the vote was taken. Such motion for reconsideration must be made by a member who voted with the prevailing side in the question or by a member who was necessarily absent (as defined in Rule II) when the vote took place. A motion to reconsider a vote, if won, nullifies the vote and brings the original question before the Legislature for a new discussion and vote. A motion to reconsider a vote, if lost, shall not be renewed. RULE IX - MOTION TO RESCIND Any resolution or motion, except in those cases described below, may be rescinded by a majority vote of the total number of members of the Legislature provided a resolution of rescission is on the agenda for the meeting, or by a two-thirds vote of the Legislature if no resolution of rescission is on the agenda for the meeting. The motion to rescind may be made by any member. A motion to rescind cannot be made in the following cases: • Where something has been done as a result of the vote that the Legislature cannot undo, • Where the vote was in the nature of a contract or agreement and the other party has been officially informed, or • Where a resignation has been acted upon or one has been elected to, or expelled from, membership or office, and the person is present or has been informed of the action. 43 February 2, 2010 A motion to rescind cannot be made if the original motion can be reached by a motion to reconsider. RULE X - RECEIPT OF REPORTS The Legislature may vote to ACCEPT in whole or in part the report of any person, consultant, committee, task force, or other group. Acceptance is hereby defined to mean that the Legislature acknowledges receipt of the report and thanks its author for it. The Legislature may also vote to ADOPT any such report in whole or in part. Adoption is hereby defined to mean that the Legislature acknowledges receipt of the report, thanks its author for it, and formally commits itself to implementing the recommendations of the report. The Legislature may also REJECT any such report in whole or in part. This may be done either by voting down an acceptance or an adoption resolution, or by passage of a resolution of rejection. Such a resolution means that while the Legislature has received the report it finds it unsatisfactory and/or does not choose to implement its findings. RULE XI - COMMITTEE OF THE WHOLE The Legislature may, at the time when in session, resolve itself into a committee of the whole upon the majority vote of all members present. The Chair may appoint a member of the Legislature to preside as Chair of this committee or the Chair of the Legislature may act as its Chair. The Rules of the Tompkins County Legislature shall be observed by this committee insofar as they are applicable. 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. RULE XIII - STANDING AND SPECIAL COMMITTEES The Chair of the Legislature shall appoint the standing committees (also known as "program committees"), pursuant to the County Charter, within thirty (30) days from the date of the organization meeting in January, assign the areas of responsibility of the standing committees, and file a list of the same with the Clerk. It shall be the duty of the Clerk to have such list printed and to deliver a copy of same to each member of the Legislature. The first person so named by the Chair of the Legislature shall be the Chair of the committee and the second person the Vice Chair. In the case of the absence of the Chair and Vice Chair of any committee, at any meeting thereof, the next person named to serve on such committee who is present shall be the acting Chair. The members of all standing committees of the previous year who continue in office shall hold over and have full power to act until the new committee members have been appointed. The Chair of the Legislature may make temporary appointments to committees for quorum purposes and that temporary member only serves until a permanent member arrives. Temporary appointments will only occur when there is not a quorum. The standing committees of the Legislature shall be no fewer than five (5) nor more than eight (8) in number, dealing with the main areas of legislative policy, including but not limited to administration, finance, budget, personnel, planning, economic development, public works, environmental quality, human services, health services, public safety and correction, and education. 44 February 2, 2010 Committees of the Legislature shall meet regularly to consider policy and make legislative recommendations to the Legislature within their respective categories of County government functions. Committees may be created at any meeting by the Chair of the Legislature, subject to approval by a majority vote of the whole Legislature. The composition of such committees shall be at the discretion of the Chair. The Chair of the Legislature shall serve as an ex -officio, non-voting member of all Legislative committees. Written reports or minutes of standing and special committee meetings shall be filed with the Clerk of the Legislature within a week of the date of the meeting. All formal reports of special committees shall be submitted in writing and filed with the Clerk of the Legislature. Persons not members of the committee shall, upon consent of the committee Chair or upon the majority vote of the committee, be accorded the privilege of the floor and be permitted to speak in regard to matters pending before the committee and within the scope of the charge of the committee. Members of the committee shall be accorded the same privilege. The Clerk shall enter in the minutes of the committee that the privilege of the floor was granted to those speaking, together with a brief statement of the subject matter discussed. No person not a member of the committee shall speak more than five (5) minutes on any one subject without the consent of a majority of the committee. In any instance when these Rules or the Administrative Policy Manual authorize final action by committees of the Legislature, a written record of that action must be included with the agenda for the next regularly scheduled meeting of the Tompkins County Legislature. At that meeting any member of the Tompkins County Legislature may initiate action to overrule or delay the action of any committee of the Legislature. Member -Filed Resolutions It is recommended that a title and resolution be filed in time to be distributed with the agenda provided to committee members and the public. If the title and resolution are not filed according to the above recommendation, it will take a simple majority vote of the listed committee to add the item to the agenda for action. If a simple majority vote is not reached, action on the filed resolution will be put on the following scheduled meeting agenda of the listed committee(s). It is recommended that if a committee member requests more time for consideration of or research on an action item, so long as quick action is not required to meet a deadline, the request for delay should be agreed to. Staff -Filed Resolutions It is recommended that a title and resolution and any back-up material be filed in time to be distributed with the agenda provided to committee members and the public. If the title and resolution are not filed according to the above recommendation, it will take a simple majority vote of the listed committee to add the item to the agenda for action. If a simple majority vote is not reached, action on the filed resolution will be put on the following scheduled meeting agenda of the listed committee(s). If the action required is an emergency action, a recommendation from the County Administrator or his or her designee will be required and sufficient at the committee meeting to have the item added to the agenda. 45 February 2, 2010 It is recommended that if a committee member requests more time for consideration of or research on an action item, so long as quick action is not required to meet a deadline, the request for delay should be agreed to. Written Reports It is strongly recommended that written reports from staff be sent out with the committee agenda so that committee members may read and review the content prior to the committee meeting. All action taken by Committees of the Legislature shall be reported to the Clerk of the Legislature in writing with the numerical vote and relevant Committee members names if not unanimous and shall be included in resolution form with the next agenda of the Legislature as an information item. When said resolution does not include a clear explanation of the nature of and reason for action being taken in the resolution, a separate summary explanation shall be included. Any member of the Legislature, as individual action, is hereby authorized, notwithstanding the provisions of Rule IV (13b), to place any such resolution on the agenda of the Legislature for action at that meeting. For the purposes of making recommendations on the Proposed Tompkins County Budget and Capital Program, the Budget Committee shall be expanded to include all Legislators. A quorum shall consist of a majority of the whole Legislature and decisions shall be made by a majority of those in attendance at any given meeting. RULE XIV - AMENDMENT AND SUSPENSION OF RULES These rules shall not be altered or amended except by two-thirds vote of the members of the Legislature, and then only after at least one week's notice accompanied by a written or printed copy of the proposed alteration or amendment. These rules may be suspended by a two-thirds vote of the whole Legislature. RULE XV - TRAVEL Individual Legislators are often appointed by the Chair of the Legislature, by the Legislature, or by Legislative Committees as liaisons or official representatives of the County to various entities in the County where these activities remain within the County. Legislators desiring or needing to travel outside the County on official county business must submit to the Chair of the Legislature in writing a request for permission to travel on the County's behalf. Such request must contain the purpose and destination of the travel, duration of stay, estimated costs, and any other information the Legislator feels would be helpful. Such request, if approved, will be kept on file in the office of the Clerk of the Legislature. The Legislature must be informed of such travel in advance, time permitting, and a report by the traveling Legislator will be made to the full Legislative body upon his/her return. RULE XVI - EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTY The actual and necessary expenses incurred by Legislators in the performance of powers and duties of the County shall be a County charge. Such expenses may include travel to and from Legislature and committee meetings, other travel on official County business, meals while on County business, official telephone calls, etc. Expenses should be itemized and submitted to the Clerk of the Legislature for reimbursement. Expenses may be submitted at the discretion of each Legislator, but expenses for any given year must be submitted no later than January 31 of the following year. SEQR ACTION: TYPE II -20 Approval of Minutes It was MOVED by Mr. Proto, seconded by Mr. Robison, and unanimously adopted by voice vote, to approve the minutes of January 19, 2010, as submitted. MINUTES APPROVED. 46 Adjournment The meeting adjourned at 8:53 p.m. February 2, 2010 47 February 16, 2010 Regular Meeting Call to Order Chair Robertson called the meeting to order at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Ms. Kiefer arrived at 5:41 p.m.) Moment of Silence — Florence Starr Mr. Proto, District No. 7 Legislator, asked members to observe a moment of silence in memory of Florence Starr who served on the Board of Representatives from 1982-1984. Ms. Starr served the County in many capacities and Mr. Proto particularly noted she was the first woman to serve in a leadership capacity for the County. Poem Reading by Jay Leeming Ms. Robertson appointed Jay Leeming, Poet Laureate for 2010. Mr. Leeming read two poems to the Legislature entitled "River" and "Around the Fire". Privilege of the Floor by the Public Fay Gougakis, City of Ithaca, spoke of natural gas drilling and said she, like many others in the community, is very concerned. She also expressed concern over the use of new technologies and said that she does not believe the usage is being addressed on a community level. She applauded the Legislature for not allowing the use of these at public meetings. She said she will be taking this issue to the City of Ithaca and hopes the County will help her bring the subject of dangers associated with new technology devices such as cell phone use while driving. Ms. Kiefer arrived at 5:41 p.m. Brett Bossard, thanked the Legislature for being receptive to the community of the arts. He said it is because of the work of Stuart Stein, former Chair of the Legislature, that Tompkins County is one of the first counties in the State to have a Poet Laureate. He said this has been a springboard and has provided an opportunity to do more for literary artists in the community. Carlos Guttierez spoke as a member of the Latino Civic Association and the Tompkins County Immigrant Rights Coalition. He said the Tompkins County Immigrant Rights Coalition has joined a national campaign called Immigration Reform for America. In New York State they are organizing a campaign to pass a comprehensive immigration reform that includes studying the amount of detentions of immigrants, possibly giving a citizenship passage to immigrants, working in a more human environment, and unifying families that have been separated. Mr. Guttierez said last year 400,000 people were detained of which 375,000 were deported and stated there are many American children whose parents have been deported. He invited everyone, regardless of what side of the issue people are on, to the Women's Community Building at 6:30 p.m. on February 18th for a public dialogue on this subject. He said they are working closely with groups to give messages to Senator Charles Schumer who will be introducing the next immigration reform bill in the Senate. Distinguished Youth Award Ms. Pryor, District No. 6 Legislator, presented Chelsea Weidman with the February 2010, Distinguished Youth Award. Chelsea Weidman, of Lansing, has been honored as the Tompkins County 48 February 16, 2010 Distinguished Youth for February, especially for her ongoing support of the Lansing Food Pantry. Food pantry executive director William Gottschalk -Fielding and director Nancy Myers say that Chelsea for three years in a row has held a charity birthday party to benefit the pantry, donating more than $500 each year, as well as hundreds of food items. Chelsea, they say, is a regular volunteer at the food pantry, serving many area families. Before moving to Lansing, Chelsea held similar birthday parties at her former home in New Jersey, which raised thousands of dollars and items to benefit other children. Chelsea's other service activities include mentoring fifth graders on bullying, and she serves on Lansing's Student Council Organization and her church's youth group, as well as being very involved in music, theater, and dance, while maintaining a better than 95 average in advanced courses. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, spoke of the Marcellus gas drilling and some public safety concerns that relate to that activity. He said there was an article in last week's Ithaca Journal entitled "EPA launches Watchdog Program"; this is in response to concerns about trucks dropping fluid and is an effort to provide an opportunity to citizens who may witness any suspicious activity to make a report. He said he will share this information with Ms. Chock and the Water Resources Council will be discussing this at its meeting next week. Ms. Chock, District No. 3 Legislator, reported on two meetings she attended where there was discussion of ways in which there can be local jurisdiction over gas drilling. One of them had to do with legal articles that have been written about consideration of local home -rule powers related to zoning; the other was about ways Sullivan County and its towns put together road -use agreements. She invited everyone to an event on February 20th to hear Mayor Calvin Tilliman of Dish, Texas, who is doing a speaking tour. Mayor Dish will be talking about his experiences and air studies that were performed that found high levels of carcinogens in the air that resulted from gas drilling. Mr. Burbank, District No. 12 Legislator, reported he participated in a picket rally at a haircutting business in the City of Ithaca to protest the firing of an employee for her failure to comply with a new rule that required all haircutters to also sell products that amounted to 15% of their wage. He said a complaint was taken to the Worker's Center and there were 50 people who showed up to show support for the employee and to increase awareness about worker's rights. He said when workers are poorly treated the community ends up bearing the cost. Ms. Mackesey, District No. 1 Legislator, spoke of the NYSAC Conference she attended last week. The Marcellus Shale workshop was very well attended as was the open forum later in the day. She said although the vast majority of people in attendance at the Conference were troubled by this activity there was an opportunity to hear both sides of the issue. She said at past conferences members of the State's leadership attended the Conference; however, this year there was only a presence by the Lieutenant Governor, and she said she was disappointed by the lack of participation from State leaders. Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Mr. Burbank and Ms. Herrera for attending the rally on Saturday. She also thanked those who came to the strategic planning session for the Ithaca Downtown Alliance plan. She called attention to the quilt on display in Legislature Chambers and spoke of each of the honorees of Black History Month in New York State: Sojourner Truth, Harriet Tubman, George Crum, Jermain Loguen, and Mabel Webb Van Dyke. Mr. Lane, District No. 14 Legislator, described the New York State Senate as being dysfunctional and said the Senate just expelled one of its members from New York City. He said last week there was an opinion article in the Ithaca Journal concerning the need for a constitutional convention. Mr. Lane said he supports this. He said there will not be an opportunity to vote on this until 2017 unless the Legislature decides to put this proposition to voters sooner. He suggested communicating with New York State Legislators that voters would prefer voting on this sooner rather than later. Mr. Lane also said there needs to be changes made to the way the State legislative districts are set up. 49 February 16, 2010 Mr. Robison, District No. 9 Legislator, spoke of a recent public forum that was held in the Town of Lansing on the AES PILOT, which is an issue that is of particular interest. He commended Ms. Pryor for organizing a very informative and well -attended event and suggested other Legislators consider doing the same if a large issue is before them. Presentation on 2008 Student Survey — Youth Services Department Ms. Zahler, Director of Youth Services, said the Department is responsible for ensuring that approximately 8,000 kids each year receive services from agencies and municipalities that help them develop the skill they need to succeed in school, work, and life. The Department's prevention and intervention programs also help youth from zero to 20 avoid delinquency and avoid the risk of other behaviors that would increase the likelihood of needing more intensive and expensive services. The purpose of the presentation is to report on the Department's relationship and partnership with the Community Coalition for Healthy Youth, which is dedicated to preventing and reducing substance use and abuse by young people. In October 2009, the Department helped secure five-year funding in the amount of $650,000 to help reduce access by youth to alcohol, pharmaceuticals, tobacco, and marijuana. Kris Bennett and Janice Johnson conducted an interactive presentation on the Countywide student survey that was done throughout Tompkins County in 2008 and outlined future steps that will be taken. Presentation of Resolution by the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 18 - SUPPORTING REVISED AGREEMENT BETWEEN AES CAYUGA AND THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY MOVED by Ms. Mackesey, seconded by Mr. Lane. Ms. Herrera said she found the resolution adopted by the Town of Lansing in support of this and discussions that have taken place helpful in making her decision to support this resolution. She stated the possibility of the County being overcharged and potentially incurring significant legal fees as main reasons for her support of the resolution. Ms. Robertson said a number of questions and concerns were expressed at today's Industrial Development Agency (IDA) meeting and a transcript will be available on February 19`h. Mr. Burbank said the substance of the comments in opposition at the IDA meeting were related to a model that is being used in comparison to another model used for a coal plant in Somerset that has a much higher valuation. Ms. Robertson said at that meeting Mr. Cole's, an appraiser, spoke of discounted cash analysis and was proposing a different way of valuation. However, Mr. Franklin, Director of Assessment, said the formula Mr. Cole had suggested for valuation is not possible. Mr. Mareane communicated the concerns of the Lansing School Superintendent and said a more gradual lowering of the assessment is preferred by the Superintendent. Ms. Pryor said one of the suggestions made was to keep the valuation the way it is for a couple of years and then to reexamine it after the economic situation changes. Ms. Pryor explained that assessments have to be at 100% so that is not something the State would allow the County to do. Mr. Mareane said he does not believe the concerns expressed by the Lansing School Superintendent were about the PILOT but about the phased steps that takes it down from its current value as it drops from $160 million to $100 million Ms. Chock said she understands why people feel this is the best that could be done at this time, but she cannot support the PILOT. She believes a lot of time and good -faith negotiations went into this agreement but she is not comfortable recommending a plan that is for a four-year period because of the amount of revenue that will be lost. She said she may have been able to support a plan for a shorter period of time. 50 February 16, 2010 Ms. Robertson said part of the agreement says negotiations will reopen this summer. She also said if this resolution does not pass the IDA, Mr. Franklin will have to make a determination by March 1st on value of the plant. Mr. Proto said the document includes a provision for reopening negotiations upon an extraordinary event. He said while he appreciates the concerns Ms. Chock raised, the alternative could have a much more severe impact on the community Mr. Lane said he can support this based on the statements made that negotiations would be ongoing. Ms. Kiefer said she disagrees with the concept that there should be something other than a four- year agreement and believes it is more reasonable to all parties to execute the model on a gradual basis. She said she would be interested in receiving further information on the suggestions made at the IDA meeting. Mr. Stein said after gaining a better understanding of what has gone into this he can support the resolution. However, he views decision made at the beginning as being arbitrary and not based on any standards. He said everyone pays taxes based on what the current situation is and doesn't think a decision should be made to pay taxes on a mutually agreed upon value. Mr. Stein said he would be more comfortable if there was agreement by both sides on what goes into a model and have a model that is based more on facts derived from formulas, not opinions. Ms. Pryor said she greatly appreciates the support and information provided by Legislators and County staff. She said this is a painful decision and something the taxpayers of Lansing will not be able to handle easily. Ms. Pryor said it has become clear to her that at this time that to do anything other than to support this resolution would not be in the best interest of the taxpayers of Lansing or the entire County. She said the alternative would result in a high likelihood that the value of the plant would be set at a figure even less than it is in the PILOT and would result in less tax revenue coming in 2010. Ms. Robertson announced the IDA meeting will be February 24th at 3:30 p.m. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Industrial Development Agency and AES Cayuga signed a Payment in Lieu of Taxes (PILOT) Agreement on February 27, 2009, and WHEREAS, Paragraph 6.3 of the Rider to the PILOT agreement provides that "if extraordinary circumstances shall occur at any time during the term of this PILOT Agreement" either party may "...give notice to the other of its desire to ... review and modify the Taxable Values, and the noticed party shall not unreasonably refuse or condition its participation in such review and modification process", and WHEREAS, during 2009 several meetings were held at the request of AES Cayuga, due to extraordinary circumstances resulting from the national economic recession that have significantly affected the financial condition of the Lansing facility and that in turn would affect its valuation as a income property for tax purposes, and WHEREAS, as provided by paragraph 6.3 of the Rider, a modification is allowed in the event of such extraordinary circumstances, and WHEREAS, representatives of the Tompkins County Industrial Development Agency, Tompkins County, the Lansing School District, and the Town of Lansing were involved in said meetings with representatives of AES Cayuga, and WHEREAS, a modification of the PILOT agreement was negotiated, such that the agreement will provide for the following values to be substituted for the values of the corresponding year in Exhibit A to the Rider to the PILOT Agreement (also referred to as the Value Exhibit): 2010 Assessment Roll $130,000,000 2011 Assessment Roll $120,000,000 2012 Assessment Roll $110,000,000 51 February 16, 2010 2013 Assessment Roll $100,000,000, and WHEREAS, the understanding outlined above was reached by the IDA/County negotiating team and AES on November 5, 2009, and WHEREAS, the Tompkins County Industrial Development Agency voted on January 8, 2010, to hold a public hearing on the proposed agreement, and WHEREAS, the Tompkins County Legislature recognizes that this modification represents a difficult adjustment for the three taxing jurisdictions; however, the alternative of litigation is expensive and time-consuming, with the outcome far more uncertain, and WHEREAS, as has been the case throughout these and prior negotiations, the candor and good faith of all parties have been greatly appreciated, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature supports the renegotiation of the original PILOT pursuant to procedures and conditions as outlined in the February 27, 2009, agreement. SEQR ACTION: TYPE II -20 Chair's Report and Appointment(s) Ms. Robertson reported on a recent meeting she attended with Senator Schumer to discuss economic development. At that meeting she spoke of concerns related to gas drilling, milk prices, and fair trade. Ms. Robertson spoke of an article in today's newspaper in which it was reported that the State is imposing a tax on IDAs. She also commented on the NYSAC Conference and said there was discussion of the maintenance of effort requirement for the Assigned Counsel program. It was reported that the Governor's Executive Budget includes the creation of a new office of indigent defense at the State level that will be overseen by a Board that will include representatives nominated by NYSAC. There will also be performance-based standards and grants to counties that meet those standards. Ms. Robertson said the current maintenance -of -effort requirements will be eliminated and there will be a cap on local expenses for assigned counsel programs. Mr. Proto raised the issue of gas drilling and the resolution adopted by this Legislature in 2009 that outlined the County's comments to the New York State Department of Environmental Conservation on the draft Supplementary Generic Environmental Impact Statement. He said there may be some individuals who oppose any drilling being done in Tompkins County, but wanted to clarify the message being sent by this Legislature to Senator Schumer is that this body has questions that need to be answered. Ms. Robertson said she did not state that this Legislature opposes drilling; however, she believes there is a sentiment here that the costs associated with gas drilling are greater than the benefits. Mr. Proto said the Water Resources Council has asked several times to be shown where the economic benefits are and he will continue to ask that question. Ms. Robertson stated it has come to her attention that there needs to be a focus for discussion of issues related to broadband development and said the Government Operations Committee will assume this responsibility for 2010. Report from the County Administrator Mr. Mareane reported on sessions he participated in at the NYSAC Conference. He said it has been forecast that the State Budget has significant gaps that will need to be addressed over the next three years. He attended a presentation on the Pension situation and reported the County should expect to see increases for the next five years. Two different amortization plans are being presented for counties to borrow to cover the spikes in pensions costs. He will be gathering more information on that, but noted this will be an important policy discussion this Legislature will have over the next few months. Mr. Mareane also reported on a grant application being submitted to NYSERDA in the amount of $200,000 to divert food waste from the waste stream. 52 February 16, 2010 Recess Ms. Robertson declared recess from 7:30 p.m. to 7:38 p.m. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires had no report. Addition and Withdrawal of Resolution(s) from the Agenda There were no resolution(s) added to the agenda. Ms. Robertson granted the appropriate committee chair permission to withdraw the resolution from the agenda entitled Approval of Amended Bylaws of the Tompkins County Board of Health. Approval of Resolution(s) Under the Consent A2enda It was MOVED by Ms. Chock, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution under the Consent Agenda: RESOLUTION NO. 19 - BUDGET ADJUSTMENT — PLANNING DEPARTMENT It was MOVED by Ms. Chock, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality 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 $65,917 A8027.54400 Program Expense Explanation: State Grant for the County Wide Water and Sewer Evaluation Project per Resolution No. 186 of 2008. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent A2enda It was MOVED by Ms. Chock, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Agriculture and Farmland Protection Board Frank Proto — County Legislator representative; term expires December 31, 2013 Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer — Legislature Program Committee representative; term expires December 31, 2010 Air Services Board Leslyn McBean-Clairborne — Legislature Program Committee representative; term expires December 31, 53 February 16, 2010 2012 John Gutenberger — Cornell University representative; term expires December 31, 2012 Workforce Diversity and Inclusion Committee Pat Pryor -Legislator — County Legislator; term expires December 31, 2010 Kathy Luz Herrera - County Legislator; term expires December 31, 2012 Soil and Water Conservation District Pam Mackesey — County Legislator; term expires December 31, 2010 Planning Advisory Committee Rick Couture — Education representative; term expires December 31, 2012 Environmental Management Council Arthur D. Dawson — Town of Groton representative; term expires December 31, 2011 Youth Services Board Maureen Kelly — City of Ithaca representative; term expires December 31, 2012 Board of Health Patrick J. McKee — At -large representative; term expires December 31, 2015 Will Burbank — County Legislator; term expires December 31, 2013 Greater Ithaca Activities Center Board Nathan Shinagawa -County Legislator; term expires December 31, 2011 Recreation Partnership Frank Proto -County Legislator; term expires December 31, 2011 Human Rights Commission Charles M. Larsen -term expires December 31, 2011 Joyce Muchan -term expires December 31, 2011 Josephine Carcich -term expires December 31, 2012 Barbara L. Coman -term expires December 31, 2012 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee met on February 5 and heard that the Health Department's move to Brown Road will happen in late March or early April. Ed Marx, Commissioner of Planning and Public Works, reported he is working on a proposed road preservation law that would address heavy truck traffic on County roads. The Committee also heard reports on a NYSERDA block grant application for Solid Waste to have a home composting program and a grant application for solar panels on the Human Services Building. Don Ellis, Director of Weights and Measures, reviewed the Division's annual report with the Committee Ms. Kiefer spoke of this one-person Department and the clerical work involved and said it seemed that if he could get some assistance with that work he could devote more time to the weights and measures work. Once again the Committee heard good news about Airport enplanements being up. Ms. Kiefer said the Committee spent the majority of its meeting time reviewing the County's five-year bridge plan, including the status of the Red Mill Road Bridge that has been closed for five years. She said since Malloryville Road Bridge and Red Mill Road Bridge serve similar populations and cross the same creek it is unlikely there will be funding to repair both bridges; therefore the County is working with the Town of Dryden on finding a solution that will serve County residents best. 54 February 16, 2010 RESOLUTION NO. 20 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING -PROPOSED ACQUISITION FOR PUBLIC PURPOSE OF PROPERTY FOR RECONSTRUCTION OF HANSHAW ROAD, CR 109, IN THE TOWNS OF ITHACA AND DRYDEN AND VILLAGE OF CAYUGA HEIGHTS, PIN 3753.25 MOVED by Ms. Kiefer, seconded by Ms. Mackesey. Ms. Herrera asked how many properties have already been acquired, how many are still under negotiation, and if the County is expecting litigation. Mr. Wood said at this time none have been acquired but that is because rates have not been set. He said as a standard of practice an eminent domain resolution is adopted and a public hearing is held in the event that the County needs to take any of the properties by eminent domain. If the County were to wait to find out if eminent domain is needed it would be too late in the year and could delay the project for another year. He said the County has never taken a property by eminent domain but has held hearings like this and it does provide an opportunity to inform the public. Ms. Herrera requested a summary of the content of Mr. Hutchin's communications with the Committee. Mr. Wood said Mr. Hutchin has spoken to this Legislature on several occasions and his concerns have all been related to his property. He said at this time it sounds like there is an agreement with Mr. Hutchins that there would be no additional use of his property. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Resolution No. 9 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund design of the reconstruction of County Road 109, Hanshaw Road, (the "Action") in the Towns of Ithaca and Dryden and Village of Cayuga Heights, and WHEREAS Resolution No. 166 of 2007 issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, Resolution No. 167 of 2007 granted Design and Right of Way Plan approval of the referenced project in accordance with applicable Federal regulations and guidelines finding that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and WHEREAS, negotiations regarding approximately fifty-seven permanent and sixty-four temporary easements for the project have not yet been completed, and WHEREAS, the County intends to pursue all means to complete these negotiations in a timely manner without necessitating legal measures, but must provide for the contingency that the properties in question may need to be acquired via eminent domain procedures as a last resort, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature conduct a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law at the Tompkins County Courthouse on the 16th day of March, 2010, at 5:30 o'clock in the evening thereof, RESOLVED, further, That the purpose of said hearing is to inform the public and to review the public use to be served by the reconstruction of the Hanshaw Road in the Towns of Ithaca and Dryden and Village of Cayuga Heights, and the impact on the environment and residents of the locality where said project will be constructed, RESOLVED further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the Clerk of the Legislature shall cause to be published at least ten days and not more than thirty days prior to said hearing a notice of same in at least five consecutive issues of the Ithaca Journal. SEQR ACTION: Unlisted Negative Declaration Issued (No further action required) RESOLUTION NO. 21- AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE FOR PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA MOVED by Ms. Kiefer, seconded by Mr. Proto. 55 February 16, 2010 It was MOVED by Mr. Lane, seconded by Mr. Burbank, to remove the second Whereas: "WHEREAS, the City of Ithaca had no interest in purchasing the property, and". Ms. Herrera spoke of a public protest that took place along Route 13 last week and stated she supports the County continuing to lease this parcel. She believes it is important for the County to maintain ownership of this property, particularly because of the County's right to free assembly in an area that could be abridged as it was last Saturday. The County's continued leasing of this property allowed there to be a default location for free -speech expression in the neighborhood of businesses that may not allow it. Mr. Burbank agreed with Ms. Herrera's comments; one additional concern he expressed is that the rent being charged for the property has not changed in several years and he hopes there will be a review of the property value before it is renegotiated. Mr. Dennis said he would support discussions about the lease amount and/or the potential sale of the land. Mr. Proto agreed with examining the rent and also suggested that the County Attorney provide the Legislature with a report about the other irregular property lines that run along Elmira Road. A voice vote on the amendment resulted as follows: Ayes — 15, Noes — 0. MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 15, Noes — 0. MOTION CARRIED. WHEREAS, Will -Ridge Associates, LLC (a company associated with Benderson Development Corporation) constructed a retail commercial development on Elmira Road in the City of Ithaca including a road providing access to the development and a sign for advertising purposes, on an irregularly shaped 0.25 -acre parcel, which parcel is owned by Tompkins County and located in a heavily developed urban corridor, and WHEREAS, the County and Will -Ridge executed a lease Agreement commencing December 28, 2005, with subsequent lease modifications on December 4, 2006, December 13, 2007, and September 19, 2008, which extended the lease for a period of one year until December 31, 2009, and WHEREAS, the County desires fair compensation for the use of its property, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is authorized to enter into an agreement to extend the lease through December 31, 2010, with an annual rent of $2,000. SEQR ACTION: TYPE II -26 Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be February 18th at 9:30 a.m. Report and Presentation of Resolution(s) and Appointment(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met on February 3rd and had a lengthy discussion on the proposed AES agreement and the Route 96 corridor management study. Ed Marx, Commissioner of Planning and Public Works reported on the implementation of the Community Housing Fund, putting together the second part of the County Conservation Plan, an agriculture resource plan, and review and recommendations for a five-year action plan for the Planning Department. The next meeting will be March 3rd RESOLUTION NO. 22 -ENDORSING THE ROUTE 96 CORRIDOR MANAGEMENT STUDY 56 February 16, 2010 Moved by Ms. Mackesey, seconded by Ms. Chock. Mr. Lane said he is always cognizant of the problems that occur sometimes if municipalities believe the County is trying to direct land -use planning; however, it is his understanding that all of the affected municipalities have approved this management study and the County will just be continuing to advise them with respect to that. Ms. Mackesey said that is correct and said all involved municipalities have passed resolutions in support. Mr. Burbank said he will support this resolution but understands this has been the subject of discussion by many residents on West Hill and there is a perception by some of his neighbors that this plan may have a perverse effect and promote development and not address the growing traffic problems. Mr. Burbank said he agrees otherwise and thinks this is a sound way to direct development in ways that will minimize trips into town and make areas more livable. He is aware the ultimate language decisions will be left to the towns. He reminded the Legislature that the County owns a considerable parcel in the area adjacent to the Biggs complex and hopes careful consideration will be given to its future use. Mr. Proto said the Town of Ulysses is one of a few towns that have begun revision of its comprehensive plan with some of the concerns incorporated. He said at the Committee meeting it was emphasized by Commissioner Marx that this is a planning tool and municipalities could incorporate any portion of it into its own plan. He said the Agriculture and Farmland Protection Board has reviewed this and it was well received. Ms. Chock said while the title of this is a Corridor study the County is recommending a solution that is a node. She said there is a difference because the term "corridor" implies sprawl and development along a bigger, more spread out area of land. She said the County's Comprehensive Plan calls for nodes. She said there has been discussion of nodes in various areas around the County and that each is not being done in isolation. Mr. Dennis said over the last few years the Town of Ulysses and the Village of Trumansburg have spent time on zoning and comprehensive plans and welcome the work the County has done with this particular plan. As both municipalities struggle with water issues they have also looked at the way development should happen both in the Village and in the Town. Ms. Mackesey said she has been concerned about planning issues for a number of years and planning being done by municipalities in isolation from each other. The City has a comprehensive plan; however it is severely outdated and they are in the process of redoing it. She said the lack of planning coordination has allowed development to come about in a way that is not productive. Ms. Mackesey sees the role of the County as helping municipalities look outside their borders and looking at what is most important for the entire County. Mr. Stein said although it is true that every community controls its own land use, no community controls its own traffic. The traffic on Route 96 has been a real concern for all of the residents in the corridor of it. He said it is true that the Town of Ithaca did approve a plan, but the issue of planning for West Hill has become a source of great controversy in the Town. Ms. Robertson announced a Presentation on the Water and Sewer Infrastructure Study will take place on March 4th at 5:30 at the Public Library. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0). RESOLUTION ADOPTED. WHEREAS, pursuant to General Municipal Law Section 119-o, the County of Tompkins, the City of Ithaca, the Towns of Ithaca and Ulysses, and the Ithaca -Tompkins County Transportation Council entered into an agreement to complete a corridor management study of New York State Route 96, and 57 February 16, 2010 WHEREAS, the purpose of the Route 96 Corridor Management Study was to evaluate traffic impacts associated with development along the corridor from the Village of Trumansburg to the junction of Routes 96 and 13, and to consider techniques that could be implemented to mitigate those impacts, and WHEREAS, a survey of residents in the Route 96 Corridor was conducted, focus group meetings with businesses/institutions in the Corridor were held, two area -wide public meetings regarding the Route 96 Study were held at the Museum of the Earth in 2008, and comments received from the public participation process were factored into the Route 96 Corridor Management Study reports, and WHEREAS, a consultant team was hired and completed Technical Reports # 1, 2, and 3 with technical information, analysis, and recommendations, and WHEREAS, the study quantifies existing and projected traffic and levels of service, evaluates how a nodal development pattern with a mix of uses, including enhanced transit opportunities, improved pedestrian and bicycle connections and systems, better management of access within the Corridor, traffic - calming measures, infrastructure improvements, and zoning and land -use modifications where applicable, could mitigate the impacts of this traffic, and examines the option of promoting development nodes in the vicinity of Cayuga Medical Center and the Hamlet of Jacksonville, and WHEREAS, Draft Technical Report #4 (dated 4/6/09) was prepared by the representatives of the Route 96 Corridor Technical Review Committee, including representatives from the participating organizations, and draws from the three earlier technical reports to develop an inter -municipal strategy for mitigating the impacts of traffic by promoting a nodal pattern of development in the Corridor and utilizing related strategies, and WHEREAS, the study concludes that a nodal development pattern would offer many advantages in terms of reduced traffic, traffic management, and maintaining the quality of life within the corridor, and WHEREAS, the principles of the Route 96 Corridor Management Study are consistent with those of the Tompkins County Comprehensive Plan, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature hereby accepts the Route 96 Corridor Management Study, RESOLVED, further, That the Tompkins County Legislature endorses the Route 96 Corridor Management Study and the principles therein and urges that it be used as a planning tool by the participating organizations as they develop and modify their municipal comprehensive plans, RESOLVED, further, That the Tompkins County Legislature fully supports continuation of the cooperative planning efforts begun during the Study among participating organizations. SEQR ACTION: TYPE II -18 Appointment It was MOVED by Ms. Mackesey, seconded by Ms. Herrera, to appoint Gay Nicholson to the Planning Advisory Board as an at -large representative; term expires December 31, 2012. A vote by show of hands resulted as follows: Ayes — 14, Noes — 1 (Legislator Proto). APPOINTMENT CARRIED. Report from the 2010 Census Committee Ms. Mackesey, Chair, said last time she reported that the Committee had written a letter of protest to the Census Bureau because they did not approve any of the recommended sites and came up with four sites that were unsatisfactory. The Committee then came up with a reduced list of sites and they were approved. Those sites include: Shops at Ithaca (Pyramid Mall), Human Services Building, Dryden Town and Village Halls, TC3 (Tompkins Cortland Community College), Tompkins County Public Library, and the Green Cafe in Collegetown. The next meeting will be February 23rd at 3:30 p.m. The kickoff meeting will be around March 1st. Ms. Mackesey commended Marcia Lynch and Kevin Sutherland of County Administration for the work they have been doing for the Committee. Report from the Budget and Capital Committee 58 February 16, 2010 Mr. Dennis, Chair, reported the Committee met on February 8th and had a discussion with Carl Haynes, President of TC3, and Jim Turner, TC3 Facilities Manager, about a plan to replace electric panels throughout this summer. It was suggested that TC3 report periodically to the Capital Plan Review Committee about their Master Plan. Ms. Herrera clarified that there is a major policy decision that needs to be made by the Legislature concerning physical infrastructure responsibilities and commitments. She does not think any assumption should be made on anything that the Legislature hasn't made a policy decision on. The next meeting will be February 22°d at 3:30 pm. Ms. Kiefer said at a previous Facilities and Infrastructure Committee meeting President Haynes was asked to provide information about what the long-term needs of the College are with regard to the maintenance of its aging physical plant. Mr. Haynes said information would not be ready until spring but he will plan to provide a report to the Capital Plan Review Committee. Mr. Proto asked for a status report on the search for Youth Services Director and Public Health Director. Mr. Mareane reported the selection process is underway. He anticipates the Public Health Director position interviews will take place in the Spring and interviews for the Youth Services Department in the Fall. He also gave an update on road patrol negotiations and noted there has not been a contract in place for four years. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Shinagawa, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be March 1St. One item on the agenda will include a discussion of public safety impacts from natural gas drilling. RESOLUTION NO. 23 - APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT TO THE DEPARTMENT — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE Moved by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in the Department of Probation and Community Justice, one Probation Supervisor retired effective December 31, 2009, and one Registered Professional Nurse left the services of the County effective January 1, 2010, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2010: FROM: A1990.54400 Contingent Fund $5,447 TO: A3141.51000211 Probation Supervisor $ 727 A3142.51000211 Probation Supervisor 2,909 A3141.51000565 Registered Prof. Nurse 369 A3141.58800 Fringes 395 A3142.58800 Fringes 1,047 SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on February 24th. The Committee will be discussing the designation of handicapped parking spaces in County lots. Report from the Health and Human Services Committee 59 February 16, 2010 Mr. Proto, Chair, reported the Committee met on February 10 and heard from Lee Dillon, Executive Director of Tompkins Community Action on two exciting development projects. One is a new childcare center and the second is a new facility for women in recovery. Ms. Dillon has received a preliminary approval on $1.7 million for the childcare center. The $14 million for the Women in Recovery facility will be discussed in the next few months. The Committee also heard a report on the proposed JOBS Program through Tompkins Community Action. Mr. Proto also reported on the distribution of $2.4 million on the Rapid Rehousing Grant received through the Department of Social Services. He spoke of potential changes in Agriculture and Farmland Protection law that may impact delivery of services by SPCA organizations throughout New York State. The next meeting will be March 10th. Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on February 11`h and went through the 20 -year Capital Plan with Commissioner Ed Marx. She said they also hope to add energy use in the revised plan. Some items that will be under consideration for action within the next five years include future of the Jail and space in the Old Library space. Approval of Minutes of February 2, 2010 It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the minutes of February 2, 2010 with the corrections offered by Ms. Herrera. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:49 p.m. 60 March 2, 2010 Regular Meeting Call to Order Chair Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Mr. Shinagawa arrived at 5:40 p.m.) Moment of Silence — Anthony B. DeLuca Ms. Robertson requested a moment of silence for former Mental Health Commissioner Anthony "Bart" DeLuca who recently passed away. She said Mr. DeLuca retired in 2004, after 27 years of service and that the County owes its Mental Health Building and long -sought single -room occupancy residence on Third Street to Mr. DeLuca's initiative and foresight. Presentation of Proclamation Ms. Robertson read a proclamation declaring the hour of 8:30 p.m. to 9:30 p.m. on March 27, 2010 as "Earth Hour in Tompkins County" and presented it to Dooley Kiefer, District No. 10 Legislator. Ms. Kiefer spoke of how participation has increased each year. She recommended the earthhour.org website to see who is participating in the event. Privilege of the Floor by the Public Jim Semp, Town of Ithaca, read the following statement: "I am here this evening to introduce to the Tompkins County Legislature the idea of watershed protection as a means of addressing the adverse effects of gas drilling, using the hydro-fracking process, on our counties waterways. Natural gas development companies have decreed that they will not drill in the New York City watershed area, lying largely in the Catskill Mountains. How is our drinking water any less important? "1) Cayuga Lake and its watershed serves as a source of water for tens of thousands of persons living in Tompkins County. All those receiving water through the Bolton Point Water System, including those in the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing. Also, all the lakefront homes in the Towns of Ithaca, Lansing, and Ulysses that use Cayuga Lake as A pure water source are added to the list. Protect this area within Tompkins County. "2) Ithaca City Reservoir and its watershed including Six Mile Creek and all its tributaries upstream of this reservoir, serves as the source of pure drinking water for over 30 thousand persons in the City of Ithaca. Protect this area within Tompkins County. "3) The watershed of Fall Creek and its tributaries upstream of the Cornell Water Plan provides drinking water for tens of thousands at Cornell University every day. Protect this area within Tompkins County. "Thank you for your time and attention to this very important matter." Mr. Shinagawa arrived at this time (5:40 p.m.). 61 March 2, 2010 Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, said recent Distinguished Youth Award recipient, John Nord, was a former student at Northeast Elementary school. He described the young man as a hardworking youth who will go far. Mr. Proto, District No. 7 Legislator, congratulated Cornell University for its basketball and hockey wins, Syracuse for its basketball standings, and the Olympic ice hockey teams. He then reported on a rate increase request by New York State Electric and Gas Corporation (NYSEG). He recalled when Iberdrola purchased the company electric maintenance staff levels were reduced and the company had agreed to undertake a self-assessment; to date the outcome of the assessment is unknown. He intends to reach out to NYSEG and the Public Service Commission for clarification of the assessment. Mr. Proto announced there would be a meeting of Land Owner Coalitions: Emerging Opportunities for Grassroots Organizing Around Natural Gas Leasing on Saturday, March 13, from 1-3 pm at the Dryden Fire Hall. Ms. Pryor, District No. 6 Legislator, announced a Community Supported Agriculture (CSA) Fair will take place on Sunday, March 21st from 12-3 p.m. at Boynton Middle School. This program is a cooperative program that allows farmers and local residents to have access to fresh food. She then announced that on March 27th from 10 a.m. to 4 p.m. the annual AgStravaganza event would be held at The Shops at Ithaca Mall; this event has many activities that help familiarize residents with the agricultural community Mrs. McBean-Clairborne, District No. 2 Legislator, announced March is Women's History Month. She said the community's heart is heavy, especially the community that includes people of color. It reminds her of the work Workforce Diversity and Inclusion Committee is doing with regard to sensitivity. On March 18th the annual Sister -Friends Luncheon will take place with Amy Dickinson of "Ask Amy" being the keynote speaker. In addition to many displays there will be a women's market as well. Tickets are $20 per person and may be purchased at the Multicultural Center as well as Greater Ithaca Activities Center. She said the event shares the history, lives, and celebration of being a woman. Mr. Robison, District No. 9 Legislator, noted Tompkins Cortland Community College's men and women's basketball teams success this season, making the regional finals. With regard to the tragic event that occurred last week involving Mr. Greenwood, Mr. Robison said he hopes everyone keeps their hearts open to the community and to the men and women in law enforcement. He has worked in law enforcement and said it is very difficult for them; he hopes as time goes on everyone will learn from the incident. He then asked Mrs. McBean-Clairborne to address the matter. Mrs. McBean-Clairborne said hearts are heavy due to the loss of an esteemed elder, Francis Eastman, an active, contributing member of the Ithaca community and Tompkins County. She served on a number of boards and was also a matriarch in the black community She was first in a number of things and several years ago the Office for the Aging recognized her as Senior Citizen of the Year. There will be a memorial tribute held later in the year. With regard to the tragic incident of shooting and killing of a young African-American male, Mrs. McBean-Clairborne said regardless of the thoughts that people may have, there's still a human being who has died, a mother who has lost a son, and children without a dad. Our law enforcement officers are hurting as well, with their families also affected. She is thinking of all of them and hope as things proceed everyone will share and heal with each other rather than pointing fingers and hurting each other. She said there was a beautiful service for Mr. Greenwood today. She hopes everyone can exercise respect for each other and work through this. Mr. Lane, District No. 14 Legislator, commended all those involved in the rapid recovery from the snowstorms that hit the area. He said the County, municipalities, public safety employees, tow -truck operators, and power company crews all showed how effectively they respond when necessary. 62 March 2, 2010 Ms. Mackesey, District No. 1 Legislator, thanked everyone involved in the gas drilling discussions and said it is an issue many people are concerned about. She recommended that individuals take time to educate themselves on the topic, and the potential impact it may have on the community Mr. Burbank, District No. 12 Legislator, said today he participated in an orientation tour of the Public Safety Building. He encouraged other Legislators to participate in the various tours to observe departments and have the opportunity to speak with department heads outside of the budget process. He thanked Mrs. McBean-Clairborne for her work on the radio regarding Black History Month. Ms. Chock, District No. 3 Legislator, spoke of the upcoming tour of the Workforce Development Office and One -Stop Center that will be on March 9th at 10:15 a.m. She spoke of the need for the workforce training provided by the One -Stop Center and of evidence of growing unemployment. She cited an Ithaca Journal article of that morning regarding another 200 jobs that might be lost in the region. According to the article, NYSEG is asking employees at a NYSEG call center south of Tompkins County to take up to a fifty percent pay cut to avoid closing of the call center. She also acknowledged the information provided earlier by Mr. Proto about a NYSEG request for a rate increase. Ms. Robertson, District No. 13 Legislator, announced there will be a presentation on March 4th at the Tompkins County Public Library of the T.G. Miller Water and Sewer infrastructure study. This presentation will include information on the existing infrastructure in Tompkins County and what is needed to enhance and add infrastructure. She announced Onondaga County passed a resolution asking the State to ban gas drilling statewide pending additional studies on the dangers of hydrofracking. It also asked that counties have permission to ban as well. She also announced a Marcellus Challenge Energy Fair being held March 3rd at the Women's Community Building that will show how local governments are actively engaging in the topic. Presentation – Tompkins Cortland Community College Annual Report Dr. Carl Haynes, President, told the Legislature the College is strong and has accomplished much in the past year. But while enrollment is growing (up by more than 14% as of the fall) and will continue to grow, he cautioned that the College would face the ongoing challenge of supporting more people with fewer resources. With the Governor's executive budget for the next fiscal year proposing a more than 15 percent cut in support, President Haynes predicted the proposed $1.6 million reduction "will be much more than local taxpayers and students will be able to offset." With uncertainty about the pace of the economic recovery, the College, he said, will need to respond to short-term challenges, while also focusing on the long term. Among recent achievements: the Middle States Commission recognized TC3's institutional assessment program as one of the best in New York State; the "CollegeNow" concurrent enrollment program for high school students earned accreditation (one of only 44 colleges nationwide); the College advanced to the design stage for a new Cortland County extension Center, opened a new, centralized learning and technology center, expanded its cross -disciplinary "learning community" courses, and completed two small capital projects to add classrooms and renovate its cafeteria, both at or under budget. While student retention has increased, so has the demand for financial aid. The College continues to work hard to gain insight on how to meet its challenges by data -driven decision making—learning from data and developing strategies from it. He reminded Legislators that a recent socio-economic modeling study showed that TC3 contributes $155 million per year to the region's economy, and improves the area's quality of life. Mr. Stein asked whether one program would have more impact than others within the community Dr. Haynes said he had not looked at that level of detail regarding particular academic programs but a more broad view of the difference of having an Associates degree versus none. 63 March 2, 2010 Ms. Chock asked what effect the economic decline has had on student enrollment, particularly with regard to the ability to transfer to other local educational facilities. Dr. Haynes said it appears students are gravitating toward community colleges for experience, and parents recognize economically it is a "smart start" with regard to college education. He said part of the growth is due to the economy, and that over the past five to six years the average age of students is younger, partly due to housing availability. He noted the interest in transfer programs has been increasing and that fifty-six percent of transfers were to a SUNY institution. The restructuring completed by Cornell University would affect student transfers. Dr. Haynes said the College would not become a baccalaureate institution, however, where there is a need they would facilitate access, for example, by bringing Delhi's nursing program into campus. Mr. Proto asked what Dr. Haynes felt the biggest challenges would be in the next year. Dr. Haynes said the college will see growth, an erosion of resources, and the need to serve more people with the same or fewer staff. Dr. Haynes said the college has gone through these periods in the past and while he is concerned, he is working to address the short-term needs while working on long-term initiatives. Dr. Haynes was asked to provide the Legislature with a copy of the full report and executive summary of the "State of the College". Ms. Robertson asked if there would be a LEED (Low Energy Election Diffraction) certification program offered at the college. Dr. Haynes said it was not a degree program but would provide training and certification in the construction technology program. It was also noted that the College is very involved in the upcoming census. Chair's Report and Appointment(s) Ms. Robertson also encouraged Legislators to take advantage of the department orientations and said to contact Department Heads if the current schedules would not work for them. She thanked Ms. Younger, Mr. Shurtleff, and Sheriff Meskill for their work during the snowstorms on Thursday and Friday, noting that although challenging it showed how well the communication systems in place work. She then announced the next Legislature/Department Head meeting would take place on March 23rd. This session will focus on how to approach the 2011 budget. The Legislature budget retreat would follow in April. Report from the County Administrator Mr. Mareane expressed appreciation to the workforce for their response to the snowstorm, particularly Highway Division workers. The Health Benefits Consortium is continuing to obtain labor union feedback regarding the advisory board requested by the State. Mr. Mareane said at this time it is costing the County an additional $20,000 per month for the existing plan versus the Health Benefit Consortium plan, with all parties having to pay the higher cost until this is resolved. He requested an executive session to discuss a real estate negotiation at the end of the meeting. Mr. Mareane expressed his appreciation to everyone for their thoughts and kind words regarding the loss of his mother-in-law this past week. Report from the County Attorney Mr. Wood had no report. He announced the Facilities and Infrastructure Committee meeting on March 5th would include a report on the future direction of the Recycling and Solid Waste Center. Report from the Finance Director Mr. Squires had no report. 64 March 2, 2010 Addition and Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be added to or withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 24 - APPROVAL OF APPOINTMENT TO THE TOMPKINS COUNTY COUNCIL OF GOVERNMENTS (TCCOG) It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Council of Governments is an association of local governments organized to provide a forum of discussion, study, and negotiation leading to agreements for more efficient, improved, and/or less costly delivery of government services, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Martha Robertson be appointed as the voting member and Dooley Kiefer as the alternate member to the Tompkins County Council of Governments. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 25 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX REFUNDS AND CREDITS OF $2,500 AND UNDER It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax -levying body to delegate the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax -levying body to delegate the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry, and WHEREAS, it is the opinion of the Government Operations Committee, that such delegation would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Director of Assessment shall transmit corrections and/or refund recommendations to the County Administrator, RESOLVED, further, That the County Administrator is hereby authorized to allow payments of bills where recommended refund or credit is $2,500 or less, without prior audit by the tax -levying body, in compliance with Paragraph 9 (a), (c) of Section 554, and Paragraph 8 (a), (c), (d), and Paragraph 9 and 10 of Section 556 of the Real Property Tax Law, RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins County Legislature pursuant to Paragraphs 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law, except for refunds amounting to 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 2010. SEQR ACTION: TYPE II -20 65 March 2, 2010 RESOLUTION NO. 26 - APPROVAL OF 2010 SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. 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 Operations Committee recommends the chairs of standing committees be designated taking into consideration availability and Legislative experience, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators for the year 2010 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, Government Operations Committee Chair, Budget, Capital and Finance Committee SEQR ACTION: TYPE II -20 RESOLUTION NO. 27 - APPROVING REVISIONS AND ABOLISHING POLICIES AND PROCEDURES OF THE TOMPKINS COUNTY GOVERNMENT ADMINISTRATIVE POLICY MANUAL It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, the following administrative policy requires revision to more accurately reflect current regulations and procedures, and WHEREAS, this administrative policy has 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 01-42: Closing, Suspension, or Modification of County Operations WHEREAS, this policy also has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following revised Administrative Policy is hereby adopted: Policy 01-42: Closing, Suspension, or Modification of County Operations SEQR ACTION: TYPE II -20 RESOLUTION NO. 28 -APPROVAL OF DESIGNATIONS OF SUCCESSORS It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter's absence from the County or inability to perform or exercise the powers of the office, and 66 March 2, 2010 WHEREAS, the Charter further requires those designations, except department heads elected on a countywide basis, to be approved by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved, RESOLVED, further, That this list is complete and supercedes all previous designations: Airport Manager: Assistant Airport Manager Operations Supervisor and ARFF Chief Airport Terminal Services Coordinator Deputy County Administrator County Attorney Comptroller Deputy County Attorney Director of Services Communication Center Manager Staff Development and Quality Coordinator Communication 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 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 Elected Officials: (For Information Only) Sheriff: Under Sheriff District Attorney: Assistant District Attorney County Clerk: Deputy County Clerk SEQR ACTION: TYPE II -20 County Administrator: County Attorney: Commissioner of Social Services: Director of Emergency Response: Public Health Director: Medical Examiner: Mental Health Commissioner: Director of Finance: Commissioner of Personnel: Commissioner of Planning and Public Works: RESOLUTION NO. 29 - ADJUSTMENTS TO THE 2010 BUDGET — CITY OF ITHACA — MUNICIPAL SALES TAX AGREEMENT It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. 67 March 2, 2010 WHEREAS, Resolution No. 87 of 1993 gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and WHEREAS, actual collections within the City of Ithaca decreased by 4.97 percent in 2009, and WHEREAS, budget adjustments are necessary to recognize the reduction in sales tax, 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 2010 County budget adjustments: Adopted Actual Difference, to be 2009 share of recouped by Budget 2009 County in 2010 sales tax Budget revenues OAR A6315.54400 7,433 7,064 -369 OAR A6315.41110 7,433 7,064 -369 HSC Agencies A6305.54400 315,749 300,056 -15,693 HSC Agencies A6305.41110 315,749 300,056 -15,983 County/City Program A6901.54666 450,000 419,719 -30,281 County/City Program A6901.41110 450,000 419,719 -30,281 Total Change -46,343 SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda, to approve the following appointments. APPOINTMENTS APPROVED. Traffic Safety Committee Peter Meskill, Sheriff; term expires December 31, 2012 Ethics Advisory Board Faust F. Rossi — term expires December 31, 2013 Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on February 18th and had a tour of the County Clerk's office following regular business. The Committee received a written report from Mr. Franklin, Director of Assessment, on the equity maintenance program (annual assessments). The past year showed, on the whole, a stable market with some areas of changes. He reported staff doing a parcel -by -parcel review in the towns of Enfield, Lansing, and Newfield. Overall Tompkins County is not experiencing declines in value that other areas of the country have, although there have been some backward trends due to reduced sales in 2009. Mr. Franklin said that also due to a lack of data at this time it is difficult to determine how oil and gas leasing would affect assessed values. Mr. Lane said that with regard to broadband, there are two items being discussed. The first involves the Tompkins County Council of Governments participating in an application being prepared by the Southern Tier Eastern Regional Planning and Development Board (STERPDB). The application is for the next round of Stimulus money for broadband to build a fiber backbone from Binghamton to 68 March 2, 2010 Rochester. The second item relating to broadband is the request from Google to launch their experiment of ultra high-speed broadband. They are looking for potential pilot communities and local governments across the country to complete a Request for Information (RFI) to see which sites best qualify. A group is forming with Cornell University and others who will meet on March 5th. Mr. Dennis asked about the Clarity Connect application previously supported for a fiber backbone and was informed it did not receive an award in the first round of stimulus funding. At this time they are working on another application for the second round of Stimulus funding for a more finite system instead of a fiber backbone. Ms. Chock said Clarity Connect's application did not get into the first round. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee will meet on March 3rd at 3:30 p.m. Report from the 2010 Census Committee Ms. Mackesey, Chair, expressed appreciation to Mr. Sutherland for the tremendous work he has undertaken to coordinate the upcoming census. A kick-off event will take place on March 10th in the lobby of the Tompkins County Public Library and everyone is welcome to join the event. Ms. Mackesey shared statistical information regarding the census, including: every census form returned saves $60-$70, the cost of sending an individual to a home to obtain the information (up to six trips to a location are made to attempt to complete the questionnaire); the questionnaires are available in five languages, with other language assistance provided as needed. The Question and Answer Centers that will be open over the period for March 19th to April 19th, are: Tompkins County Public Library; Student Agencies in Collegetown; a split location of Tompkins Cortland Community College and the Village of Dryden; the Human Services Building, and the Shops at Ithaca. It was noted that Cayuga Press offered to print 2,500 information sheets and 60 signs to be placed on TCAT buses; TCAT has donated the advertising space to do so. Mr. Shinagawa spoke of Mr. Sutherland's participation at an Asian -American Association meeting recently to provide information on the upcoming census. Ms. Robertson noted there would not be a mailed census form to individuals who have a Post Office Box address; these homes would be counted through door-to-door visits by census workers. Report from the Budget and Capital Committee Ms. Herrera, Vice Chair, reported the Committee met on February 22nd and continued to hear more information on the economic downturn. After discussion, the Committee approved the resolution requiring adjustments to the municipal sales tax agreement with the City of Ithaca due to a reduction of sales tax revenue. She said there needs to be continued discussions with the Human Services Coalition about how they could make adjustments in their agency budgets due to information on actual receipts. In addition, the Committee learned from the Finance Director that the January cash balance was low due in part to the anticipated decline in sales tax revenue during 2009 coupled with the delayed release of State aid. Ms. Herrera noted it appears that sales tax revenue is stabilizing but there is a decline in sales tax outside of the City of Ithaca and the City sales is remaining flat. January sales tax is down three percent. Mr. Squires also distributed a "Local Government Snapshot" from the NYS Comptroller's Office and reviewed the contents with the Committee. He said because of the regressive nature of the sales tax we get a majority of sales tax revenue from gasoline, fuel sales, and home energy. Ms. Herrera said New York State Association of Counties is pushing for transparency from the State regarding sales tax to provide counties with an understanding of what drives the sales tax. Not all counties in the State tax energy; however, it represents a large amount of revenue in Tompkins County. 69 March 2, 2010 The Committee discussed the State pension fund and Mr. Mareane presented information on two amortization options. The Comptroller's plan is permanent and would increase the minimum payment that would be made; the Governor's plan is a short-term, five-year proposal that would allow governments to borrow for pension costs that exceed certain thresholds (above 9.5%) at an interest rate of 8%. Ms. Herrera said a decision would have to be made on how to address pension costs during the budget process. The fringe rate is currently at forty percent and is anticipated to grow to sixty percent. Ms. Herrera said Ms. Jayne submitted a report on estimated State aid reductions and distributed a document outlining the total County impact of the Governor's proposed budget. The next meeting will be on March 8th. She said County staff assist the Committee by providing an understanding of how reductions affect the County. Mr. Dennis said all the counties in the State are awaiting the outcome of the State Budget and the next thirty-five days will be critical to residents of the State as well as those receiving services. Ms. Robertson said most states in the country are having similar concerns. Mr. Proto asked about Solid Waste's concern regarding loss of income for product and regarding the amortization proposals. Mr. Mareane spoke of the Solid Waste budget and said the commodity prices had bottomed out mid -year and are now coming back. The Solid Waste Division adjusted its spending plan early in the year and kept the budget in line. With regard to pensions, the details of the two proposals are not concrete and each may have its own rules. Mr. Mareane said he and Mr. Squires will be lobbying to allow the County to borrow on its own at 4% — 5% interest versus 8 percent. Mr. Lane asked if the funds were borrowed from the State, where would the State obtain them. He then spoke of how the State has previously delayed approval of the budget to help determine the revenue streams; given the present situation there may be a similar delay this year. Mr. Stein said the State, like other government entities, has difficult budget decisions; perhaps the State sees the ability to earn funds through borrowing as a source of revenue. Mr. Mareane said the State would not actually borrow funds, rather, they would defer the payment of what is owed. The eight percent is what is needed to help the pension regain equilibrium, which is why this figure was chosen. Ms. Chock asked is the Pension fund is a dedicated fund or can the County borrow from other areas of its budget for these payments. It was clarified that it may be possible to pay the pension bill and borrow for other projects. Mr. Mareane said the policy decision needing to be made is whether to borrow and if so, how much. The next pension bill is due in December 2010. Mr. Robison said it is his understanding that the cost of the pension fund at present is 9-10 percent of local budget. Mr. Mareane said it is, and the State projection is an increase to 23.5 percent of the County's payroll by 2013. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Shinagawa, Chair, reported the Committee met on March 15t and heard a report and department introduction from Offender Aid and Restoration. In addition, Ms. Bodnar gave a review of the evaluation of three alternatives to incarceration programs: (1) Drug Treatment Court; (2) Felony Drug Court; and (3) Day Reporting. A review of the programs' success was based on the demographics involved in the programs and the success rates based in a variety of ways including the percentage that find employment or pursue higher education following the program. Overall, it showed that the program was successful for at least half the participants, keeping them out of jail or state prisons. It was noted there would be a more complete picture if recidivism rates could be determined; work is being done with 70 March 2, 2010 the Probation Department to determine if that is possible. There will be a second presentation covering the costs of the programs, which will help us to understand the full picture of the programs. The Committee also had a presentation of the computer-aided dispatch (CAD) system used for 911 location system, showing vehicle locations, maps, telephone bases, corresponding mobile data system, and a record management system. The present system is old, outdated, and various systems are unable to communicate with one another. A system upgrade would allow various emergency responders and public safety officers to communicate with one another. Mr. Shinagawa noted $1 million was earmarked for this upgrade as part of the 911 -communication project. In response to Mr. Proto's request, Mr. Shinagawa will leave a copy of the full ATI evaluation in the Legislature office. A lengthy discussion regarding the Alternatives -to -Incarceration report took place, with Legislators stressing the importance of knowing recidivism rates to more fully determine success of the various programs. Mr. Shinagawa noted that due to privacy issues it is very difficult to be able to follow individuals once they complete programs. He suggested a study could take place utilizing codes rather than names to follow clients, but said it would be difficult to do at this time due to the reduction of staffing at the State level in this difficult economic period. Mr. Robison said he believes New York State may be willing to open records to someone wanting to review this information. He pointed out that Ms. Bodnar said New York State undertook a study in 2003 of eleven court and federal programs, using a larger control group, which showed there was a reduction in recidivism for program participants. Inmates are identified by numbers, not by name; in 1995 the GAO was able to do an analysis — why can't we? Mr. Proto said there has always been a question of cost effectiveness in the programs; the Alternatives -to -Incarceration program was created as a pilot to determine if there is a savings versus incarceration. He is not convinced it is cost-effective. Mr. Stein said there is no way to accurately compare conventional incarceration to Alternatives - to -Incarceration programs with the alternative, which is incarceration. The emphasis should be on comparing the cost of our programs with similar programs, and on other measures of success besides recidivism. Ms. Herrera said future discussion might include what the impact on the community is. Mr. Shinagawa thanked Mr. Stein and Ms. Herrera for the points they made. He believes the Felony Drug Court has shown success by the number of individuals who have completed the program and are abstaining from drug use and have found gainful employment and/or completed their GED. Ms. Robertson said she believes the Alternatives -to -Incarceration programs were a core portion of our approach to criminal justice over the past ten years. Often there is the question of how to compare Alternatives -to -Incarceration success to incarceration success and perhaps there is still a need to do so. She noted Ms. Bodnar did an excellent job preparing the report. Mrs. McBean-Clairborne spoke of this topic having many questions to be answered. She asked that people who have ideas that may assist in providing answers to bring them forward. She said this topic would continue to be discussed at the Committee level. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee met on February 24th with the bulk of the meeting being a discussion on handicapped parking. Research will be done on the specific Americans with Disabilities Act to ensure compliance. A discussion was also held regarding use of the Martin Luther King, Jr., Street as the official address of County offices located on the duly designated street. 71 March 2, 2010 Although the name is registered with the United States Post Office it appears there are questions on use of the new name. Mrs. McBean-Clairborne spoke of the February 18th meeting at the Women's Community Building relating to immigration reform and noted there is a rally on March 21St and all are invited to attend. The "People -Friendly Workplace Survey is being refined and should be completed soon. Ms. Reistetter, Workforce Diversity and Inclusion Project Assistant, has been assisting on Civil Service test training. Mr. Proto complimented Mrs. McBean-Clairborne on the recent article in the Ithaca Journal relating to employment, noting it brought exposure to a great deal of information not normally covered. Mrs. McBean-Clairborne said it highlighted leaders in the community, providing them with recognition. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chairman, said the Committee will meet on March 10th. He is hoping to have a resolution prepared that outlines support for retaining the standard recommendations for mammograms rather than the Center for Disease Control recommendations. He also said there may be a discussion regarding the Family Health Care Decisions Act as it pertains to health care proxy designation. There are possible amendments that would provide physician authority to make decisions if no relative is present. Mr. Proto spoke of the Governor's proposed budget having an impact on nursing homes and facilities. Mr. Proto announced there would be a pharmaceutical collection day held at the Tompkins County Area Transit building. This event provides for proper disposal of old medications, however, it will not include needles. Mr. Proto spoke of Mr. DeLuca's passing and recalled him as a fine gentleman and that he had the ability to get a great deal of funding from the State for programs. He was innovative and many of the programs the County has are the result of his efforts. RESOLUTION NO. 30 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL - PAY REIMBURSEMENT - MENTAL HEALTH DEPARTMENT It was MOVED by Mr. Proto, seconded by Ms. Kiefer. A short roll call resulted as follows: Ayes —15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, during 2009, four Mental Health employees terminated their employment with Tompkins County, and WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay to the Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.5440 Contingent Fund $ 47,581.87 TO: A4310.51000285 Salary - Psychiatric Social Worker $ 1,732.01 A4310.58800 Fringe $ 623.52 A4310.51000535 Salary - Sr. Caseworker $ 32,071.76 A4310.58800 Fringe $ 5,201.14 A4311.51000591 Salary - Community Mental $ 5,415.24 Health Nurse A4310.58800 Fringe $ 1,017.92 A4311.51000591 Salary - Case Aide $ 1,117.85 A4310.58800 Fringe $ 402.43 72 SEQR ACTION: TYPE II -20 March 2, 2010 Report from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, said the Committee would meet on Friday, March 5th. At that time information would be heard regarding the Recycling and Solid Waste Center as well as having a presentation on the 2010 Road Program. In response to Mr. Proto's question, Ms. Kiefer said information regarding the Request for Proposals regarding operations of the Recycling and Solid Waste Facility will be discussed. Mr. Proto reported he had heard from five individuals who were utilizing the long-term parking lot at the Airport who expressed concern they may not be able to remove their vehicles due to the amount of snow. Mr. Proto said Mr. Nicholas and Ms. Nobel, Airport administration staff, and Mr. Daniels, who holds the parking lot contract, were able to contact Mr. Bond in the Probation Department for assistance. Mr. Bond arranged for Probation Department Work Crews to help shovel out the vehicles in the long- term parking lot. Report from the Capital Plan Review Committee Ms. Robertson, Chair, said the Committee has not met since the last Legislature meeting. The next meeting will be March 11th at 3:30 p.m. Member -Filed Resolution(s) RESOLUTION NO. 31 - RESOLUTION IN OPPOSITION TO THE NEW YORK STATE TAX IMPOSED RETROACTIVELY ON ALL LOCAL INDUSTRIAL DEVELOPMENT AGENCIES AS A MEANS TO HELP CLOSE THE STATE'S BUDGET DEFICIT It was MOVED by Ms. Kiefer, seconded by Mr. McKenna, to adopt the following resolution. Ms. Herrera asked what the amount of the proposed tax would be; Mr. Mareane said it would be approximately $35,000. Ms. Robertson expressed appreciation to Ms. Kiefer for bringing the resolution forward. A voice vote on the motion resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, local Industrial Development Agencies (IDAs) serve as an important tool for economic development in counties and local communities across New York State, and WHEREAS, the primary mission of local IDAs is the creation and retention of jobs for New York's residents, through innovative, locally driven and developed programs to make counties and local communities better places in which to invest, grow productive business enterprises, and create better business atmospheres to generate new economic activity and create jobs, thereby producing tax revenue, and WHEREAS, until January 31, 2008, IDAs had been able to offer access to tax exempt bond financing to local not -for -profits for capital construction and earn fees therefrom, keeping that money local, and WHEREAS, the fees paid by projects to IDAs were used to support critical local economic development programs WHEREAS, the 2009-2010 State budget contained a maximum statewide "cost recovery" tax of $5 million to "reimburse to New York State an allocable share of state governmental costs attributable to the provisions of services to industrial development agencies", and WHEREAS, the State Department of Taxation and Finance has sent tax bills to every IDA in the state, for amounts corresponding to 4.7% of the gross revenue received by an IDA in the 2008 calendar 73 March 2, 2010 year, payable by March 31, 2010, and WHEREAS, the tax bills received by local IDAs were received long after local IDAs' budgets were developed and implemented, without the inclusion of this new and unanticipated tax in their adopted budgets, and WHEREAS, the revenue received by IDAs subject to this tax can include payments in -lieu -of taxes collected for local governments and school districts, state and federal grants, and local taxpayer - funded appropriations, and WHEREAS, imposing a state gross receipts tax on revenues from 2008 that include tax generated resources from the state and federal government is redundant and punitive, and will lead to these resources and those appropriated by counties for local job creation to be used instead to help bail out the state during its time of financial crisis, and WHEREAS, the New York State Association of Counties has expressed strong opposition to the new tax, now therefore be it RESOLVED, That the Tompkins County Legislature strongly opposes the imposition of the new tax on the gross revenues of local Industrial Development Agencies as a means to help eliminate the state budget deficit, RESOLVED, further, That the Tompkins County Legislature calls upon the Governor and the State Legislature to repeal this onerous tax on the primary economic development organizations of New York's counties and other local government, a tax that will take local resources that could better be used to create jobs in our communities in this time of economic crisis, RESOLVED, further, That the Clerk of the Legislature forward certified copies of said resolution to Governor David A. Paterson, New York State Senators James L. Seward, George H. Winner, Jr., and Michael F. Nozzolio, and Assemblywoman Barbara S. Lifton. SEQR ACTION: TYPE 11-20 Approval of the Minutes of February 16, 2010 It was MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the minutes of February 16, 2010 as submitted. MINUTES APPROVED. Recess Chair Robertson called a recess from 8:20 p.m. The meeting reconvened at 8:29 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to enter into executive session at 8:29 p.m. to discuss a real estate negotiations 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. 74 March 16, 2010 Regular Meeting Public Hearing — Hanshaw Road Reconstruction Project, PIN 3753.25, Towns of Ithaca and Dryden and Village of Cayuga Heights, Tompkins County Ms. Robertson, Chair, called the public hearing to order at 5:30 p.m. and stated the following: "Thank you all for coming out this evening. I would like to formally open this public hearing for the Hanshaw Road Reconstruction Project, PIN 3753.25, located in the Towns of Ithaca and Dryden and the Village of Cayuga Heights, Tompkins County, New York. The purpose of this hearing is to meet the legal requirements of Article 2 of the Eminent Domain Procedure Law. A notice of the public hearing was published in the Ithaca Journal for five consecutive days beginning February 26, 2010. A copy of the Notice of Public Hearing was sent to the assessment record billing owners potentially affected by the proposed public project. "The public notice reads as follows: NOTICE OF PUBLIC HEARING "PLEASE TAKE NOTICE that, in accordance with Article 2, Section 202 of the New York State Eminent Domain Procedure Law, notice is hereby given of a public hearing for the Hanshaw Road Reconstruction Project (PIN 3753.25), Towns of Ithaca and Dryden and Village of Cayuga Heights, Tompkins County. The public hearing will be on March 16, 2010 at 5:30 PM at the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York. "The purpose of this hearing is to outline the project purpose, its proposed location, and to provide other pertinent information. The project is located on Hanshaw Road between its intersections with Pleasant Grove Road in Cayuga Heights and Freese Road, in the Town of Dryden. Construction will include improved pavement and drainage, a traffic signal at the intersection of Warren Road, and a new sidewalk along the north side of Hanshaw Road from Community Corners to Sapsucker Woods Road. The Village of Cayuga Heights and Town of Ithaca will maintain this sidewalk. Construction is planned for 2011. "Persons may appear in person or by agent and will be given the opportunity to present oral or written statements and to submit other documents concerning PIN 3753.25, the Hanshaw Road Reconstruction Project, Towns of Ithaca and Dryden and Village of Cayuga Heights, Tompkins County. "Any property owners who may subsequently wish to challenge the condemnation of their property by judicial review may do so only on the basis of issues, facts, and objections raised at this public hearing. "As stated in the notice, there are several purposes for tonight's hearing: 1. Provide information on the Proposed Project and its location; 2. Explain and describe the public use, benefits, and purpose to be served by the project; 3. Discuss the general effects of the Proposed Project on area residents and the environment; 4. Identify property interests the County will need to acquire in order to accomplish this project; and 5. Accept and consider public comments on the Proposed Project. Hearing Procedure. 75 March 16, 2010 "The oral statements made during tonight's session will be recorded. Additionally, various documents have been made available for public inspection. Those documents have been pre -marked as Exhibits and will be incorporated into the record of this hearing. "Following tonight's session, members of the public are invited to submit written comments or other documents relating to the Proposed Project. These items should be addressed to Cathy Covert, Clerk of the County Legislature. All written comments and documents will be included as part of the hearing record. "As soon as possible after tonight's session, copies of the transcript of this session and the hearing exhibits will be made available to the public for examination without cost during normal business hours here at the County Legislature Office. A second copy will be available at the Cayuga Heights Village Office, 836 Hanshaw Road, Ithaca. Any person who would like to examine these records should contact Cathy Covert, Clerk of the Legislature, at 607-274-5434 or email at CCOVERT@tompkins- co.org. Determination and Findings. "At some point within ninety (90) days after the record of this hearing is complete, the entire record will be delivered to the Tompkins County Legislature for consideration and further action. That further action will occur in the form of the Legislature rendering its Determination and Findings concerning this Proposed Public Project. A brief synopsis of the Legislature's Determination and Findings will be published in the Ithaca Journal and mailed to assessment record billing owners. "At this point I would now like to introduce John Lampman. John will discuss hearing exhibits and present the technical program. At the conclusion of the technical presentation, we will open the floor for public comments." John Lampman, Associate Civil Engineer for the Tompkins County Public Works Department, read the following: Exhibits (All exhibits on file with the Clerk of the Legislature) "Thank you Ms. Robertson. There are several exhibits that are going to be incorporated into the record of this proceeding. These exhibits will be made available for public review. "In addition to the exhibits that have been pre -marked and entered into the hearing record this evening, all written public comment submissions will be entered into the hearing record collectively as Exhibit 9. "The Notice of tonight's public hearing was published in the Ithaca Journal, and that notice, along with the affidavit of publication, has been pre -marked as Exhibit 1. "In addition to publishing the notice of this hearing in the newspaper, the County mailed notices to each of the assessment record billing owners. The letter notices, along with copies of certified mailing and return -receipt documents, have been pre -marked collectively as Exhibit 2. "An affidavit of mailing for the letter notices has been pre -marked Exhibit 3. "Also available tonight for public inspection is a copy of the Design Report prepared by Fisher Associates, the engineering firm retained by the County to design this project. It includes many of the technical details relating to the project, including its scope and evolution, alternatives, and environmental, historical, and social matters that were considered. The Design Report has been pre -marked as Exhibit 4. 76 March 16, 2010 "Advance Detail Plans prepared by Fisher Associates, based on the Design Report are available tonight for public inspection. These plans have been pre -marked as Exhibit 5. "A power point presentation has been prepared for tonight's hearing that contains technical information on the project. Copies of the slides from the presentation have been collectively pre -marked as Exhibit 6. "The design for the project involves the acquisition of portions of private property. An Abstract Request Map, which lists 78 properties so identified as of July 2009, is available tonight for public inspection and has been pre -marked as Exhibit 7. Right -of -Way maps have been created for the 60 of these parcels. A set of these 60 maps is also available for public inspection tonight, and has been pre - marked as Exhibit 8. "At this time, I would request that all pre -marked exhibits be admitted into the record of these proceedings." Ms. Robertson acknowledged the receipt of all exhibits. PowerPoint Presentation At this time Mr. Lampman delivered a PowerPoint presentation (Exhibit 6). Mr. Lampman stated, "the County is required to follow a specific process to acquire the property rights necessary for the construction of the project. To explain the property acquisition process, I would now like to introduce Tina Mollenkamp, a representative from the County's right-of-way consultant, R.K. Hite & Co." Tina Mollenkamp made the following statement: Property Acquisition Presentation "Essentially, there are four steps in the right-of-way acquisition process ... an initial meeting with each property owner, the property appraisal, establishing just compensation, and negotiating a settlement and transferring title to the County. The primary goal through the process is to negotiate a fair settlement with each property owner. "The first step in the process is a preliminary meeting between each owner and a property rights specialist employed by the County's right-of-way consultant, R.K. Hite. The property rights specialist contacts the owner to schedule a convenient time to meet at his or her property. The specialists assigned to this project so far are Nancy Mullin and Tina Mollenkamp, who have already met with many property owners. At this meeting the specialist provides the owner with information about the acquisition process and an explanation of the proposed property impacts. She will also inspect the property and gather preliminary information. This same person will also handle settlement negotiations, so owners will only be dealing with one contact if questions come up. "The next step in the process is the real property appraisal. The appraisal will be used to determine the fair market value of the property rights to be acquired. The appraiser will first research and analyze the real estate market in the area. Comparable sales data and other market information will be reviewed. Next, the appraiser will inspect each property and gather site-specific information. Owners will be given the opportunity to accompany the appraiser during this visit. People should take advantage of this offer, since no one knows a property better than its owner does. Finally, the appraiser will prepare a report to document his or her findings and state the "fair market value" of the property rights to be acquired. 77 March 16, 2010 "Based on the appraisal, the County will establish an amount it believes to be just compensation. Just Compensation is the price the County must pay to acquire your property. This amount will not be less than the highest approved appraisal value for the property. We try to offer an amount that reflects the price a willing buyer and a willing seller would agree to in the open market. "To avoid any possible confusion, we will prepare a written offer for each property. The offer will include a statement of the just compensation amount, the basis for the just compensation amount, and a description of the property and the interest to be acquired. Nancy or Tina will contact each property owner and schedule a convenient time to meet to deliver and review the written offer. "I'd like to stress one point. While we use the word "negotiator" we, in fact, work under what is called a "one offer" system. We are required by law to offer the full amount of the highest approved appraisal. So, unless there are compelling reasons to raise the offer, we will stand by the "one offer" amount. "Once the owner accepts the offer, we will prepare the necessary papers and schedule a closing. The closing is similar to other real estate transactions. "In summary, the process to acquire real property on this project is a four -step process. First, meet with each property owner to provide information on the project and potential impacts to their property. Second, appraise the property to determine the fair market value. Third, the fair market value will be used by the County to establish just compensation. Finally, once the County has established just compensation, prepare and deliver a written offer to each affected property owner. "We understand that the right-of-way process may be new to you. I'd like to assure you that we will try our best to make it as easy as possible for you. The County will make every effort to acquire the property by negotiations. That concludes my presentation. If you have any questions, I will be available after the meeting." Public Comment Period Mrs. Robertson said, "at this time I would like to open the floor for public comment. I would like to call to your attention to the fact that the required format for this public hearing does not allow us to respond to your statements and questions at this time. However, all statements and comments received will be considered in the preparation of the determination and findings. "I have a list of people who wish to comment this evening. When I call your name, please come to the podium and state your name and address for the record. We have allotted 3 minutes for each individual to address this hearing. As necessary, the County will provide written responses to comments received tonight." Carolyn Arnold, 1502 Hanshaw Road/11 Sapsucker Woods Road, stated the following: "My concern is the effect of this project on drainage issues on my property and possible effect on life of the trees. So there's some concerns about the width or the right-of-way which I don't fully understand at this time. Thank you". 78 March 16, 2010 Doug Brittain, 135 Warren Road, stated the following: "Thank you all for listening I think the residents of Hanshaw Road deserve better, even though I am not one of them, I think they deserve better. Initially in this project there was talk of traffic calming but unfortunately what they wound up with was just the opposite. The roads as you know are scheduled to be wider which will make cars drive more quickly and it will make the drivers less attentive. It will also make it considerably more dangerous to drive and cross the road if you're a pedestrian because if its wider it takes longer and the gaps between traffic are less when the road is wider the cars are going more quickly, it's less easy for them to stop before they hit you and if they do there's a greater chance something bad is going to happen. So that is a significant consideration that I haven't heard mentioned here today. Obviously, you will be losing your neighborhood character in spite of the supposed efforts to try to preserve it. "Intersection with Warren. I beg to disagree with John. It does not in fact, meet the warrants for a traffic light. It only does if you pretend that it is currently a two-way stop because then the traffic that has the stop sign is just waiting for all those other cars. It would take a long time for them to get out but you already have a four-way so in fact, it does not have the warrants for that. If you put a traffic light in you can expect longer delays because even off hour you are going to have cars that have to sit there sometimes for thirty seconds a red light. Now you come up, you look both ways and you go so its going to delay traffic and increase pollution around that intersection. "Okay, the good part of the plan is the sidewalk. The trouble is the sidewalk is outside the right- of-way, doesn't need to be that big. The road is not actually being made wider because it has to be to make it safe, if I may quote from Appendix G of at least the 2007 version of John's report says " the existing shoulder area was not a contributing factor to any accidents within the project limits". So its not that the shoulder is too narrow and its caused problems in the past. Also, this section of Hanshaw has lower accident rates than the State's average and it does seem funny to be taking the road and modifying it so that it's more like roads that have a greater number of accidents. It seems like the wrong way to go. "Physically cars don't need more space. Cars do not need all the pavement that is there. There's gravel at the edge of the road where cars don't drive. You don't need to make it wider in order to fit the cars. If you make it wider, if the gravel on the shoulder, bikes don't like to ride on gravel on the shoulders, they like to bike ride in the marbles. If you look at where bikes ride they tend to ride in the clear wheel rut, typically, the right hand one. So where the cars drive that's where the bikes go. So it's not being done for them. The reason they have wide shoulders on roads is a couple things. AASHTO thinks it provides a comfortable detachment from the surrounding land use which they consider good and the highway capacity manual, what it does when you widen the shoulders is it increases the free speed of the cars and reduces the headway which if you think they are already speeding and tailgating it will make it worse. And if you think they are already ignoring your neighborhood, well it'll make that worse too. So what I would like to see instead of this is to make the road no wider than it is now; they already go too fast; to leave the sidewalk in the right-of-way; tell NYSDOT this is what we want; if you don't build it we'll let the road deteriorate. If you're doing this for me, I'm the motoring public, I don't want it, I'd rather see something more modest. Thank you". Bernie Hutchins, 1016 Hanshaw Road, stated the following: "On February 16, 2010 immediately following the Legislature meeting during which Mr. Wood gave misleading information about the situation regarding my property, I sent a letter to Mr. Mareane relating language of an e-mail from John Lampman dated October 23, 2009. The e-mail misled me. It clearly does not mention the need for a permanent easement. I did not learn of this permanent easement st until January 21 2010 through an e-mail, a mailing from Hite. I, a well-known opponent of the project, was the last of all the property owners to be notified. Plan maps for August, 2007 and of March, 2009 showed no easement on my property while showing easements on the adjacent properties. 79 March 16, 2010 "From the information I received from the County February 6, 2010 requested under FOIL, I find Jonathan Lampman wrote in part to Nancy Mullen on January 22, 2010: I have not yet figured out yet we would want to deceive him since the map to the contrary would be soon delivered to him. Anyways, he says the message promises we would not need additional permanent right-of-way and now he's upset that the map shows that we do. Sorry for adding to your work on this property, I'm sure it will be difficult enough as it is. A note that John Lampman's notion of soon is three months. Ok, this delay in informing us has prevented us from having material facts which we should have had from coordinating with our neighbors and it's to our disadvantage. Other property owners have been given no details of the evidence as to how their current right-of-way by use was determined. We're told by John Lampman October of 2009: "As you remember Rich Brauer and I had said the ownership for the majority of the roadside properties (just over 50%) did not extend to the center of this center of road", this is true says Jonathan. Previously he had said it was 90% that did not deed to the centerline. The town board, 2006, Mr. Lampman reported that initially they went through the deeds for the landowners on the corridor and found some amount, approximately 75%, contained written references to the public right-of-way within the deed. Another substantial amount bringing the total to 90% included a map, which showed that. So we're happy with the revision from 90 to 50% and I wonder if its perhaps not zero that don't deed to the center. "I've been arguing this right-of-way issue with the County since 2005. The Coddington Road decision showed that the right-of-way was by actual use. The actual use was then agreed in the County rd and John Lampman October 23 , 2009 said I hate to tell you so, but I told you so. If I were keeping score that's Bernie two, County zero. "So what is eminent domain? A few years ago Ms. Herrera, in agreement with Mr. Lane, characterized eminent domain as a negotiating tool. Unless I misunderstand Ms. Herrera is an electrician and a skilled craftsperson who understands that tools are used by honest productive people. Thieves on the other hand do not use tools, they use weapons. Eminent domain is a weapon. "We are the property owners on Hanshaw Road. Does the County perhaps hold us in complete distain, do they think we are not paying attention. We are people of a multitude of talents and likely of disparate viewpoints an opinions. But we are to a person not people who can be taken for granted or pushed around without fighting back. I urge the County to keep this in mind." Bruce Levitt, 1002 Hanshaw Road, stated the following: "I'm puzzled about how Cayuga Heights properties got swept into this project since the Village of Cayuga Heights has never held a public hearing on the extension of the sidewalk from the Town line into the Village. Cayuga Heights has never voted for the funding for the extension of the sidewalks from the Town line into the Village. Every time I talk to Brent Cross he says well as soon as we get money, the bid, the estimate, for what it will cost then maybe we'll fund it maybe we won't fund it. Cayuga Heights has never held an eminent domain hearing about the taking of our property. Cayuga Heights has said it's allowing the County to acquire parcels within Cayuga Heights but yet again Cayuga Heights has never held a public hearing on this matter. There's no written provision for property in the Village to be restored should plantings be damaged or removed should the sidewalk be extended from the Town line to the Village. And finally, there's been no discussion with NYSEG about the movement of their telephone poles on various properties. So there's been no coordination, no public meeting, it's impossible to find out what's going to happen to our properties in Cayuga Heights because Cayuga Heights is in transiency in this matter. And there's no coordination between the County, Cayuga Heights, and NYSEG about the movement of telephone poles. If the poles have to move onto my property further to avoid the sidewalk it's going to be the destruction of 10 to 12 trees and I'm not sure who's going to pay for that. Thank you". 80 March 16, 2010 Ilene Lambiase, 406 E. Upland Road, stated the following: "I am reading a statement on behalf of Zetta Sprole who's a resident of an impacted property at 1031 Hanshaw Road and her letter is addressed to the Tompkins County Legislature regarding the current Eminent Domain hearing. "As a long-time resident of Hanshaw Road in the Town of Ithaca and as one from whom the County is seeking a permanent property easement for the proposed road reconstruction, I have a number of concerns including the following: 1. I do not understand why any more property is needed at my location than is already in use. There is no sidewalk or bikeway on my side of the road. Please explain the public use of the land for which the County is requesting a permanent easement from me. 2. Neither the map nor the description that I have been given of the requested permanent easement is comprehensible to me. Please provide the same in layman's terms. I was going to read it, but you don't want to hear about 1.33 degrees, north, south, east, west. But it really doesn't make a whole lot of sense unless you are a surveyor. 3. I want to be present when measurements are made and marked out for the length of my property indicating both the current use right-of-way and the proposed permanent easement. I am requesting that the distances for both from the center of Hanshaw Road be clearly spelled out in writing. For example, layman's terms: "The current use right-of- way is 17 feet from the center of Hanshaw Road which will be extended to 19 feet from the center of Hanshaw Road with the proposed easement." If the distances are not consistent across my entire property, ranges can be made along with a clear, enlarged map providing the exact distances. There has been much confusion as to right-of-way and I think that a clear, understandable, written and mapped description may prevent future generations from having to go through this again. 4. There has also been a great deal of confusion relative to my fence, my lamppost and sign and my landscaping that fronts Hanshaw Road. I have been told on one occasion that it would be left untouched by the project, and on another occasion that it is in the road right-of-way (which it is not!) and that I will need to move all of it, and on yet another occasion that even though it is not in the right-of-way, I should move it before it gets damaged by the road workers. Can someone please clarify? Why should I have any financial burden in this? "Before I am able to consider granting a permanent easement, I need to be able to understand precisely what I am being asked to grant and why. Unfortunately, the manner in which the County's representatives have provided residents with inconsistent and erroneous information over the last four or five years has created a negative, even hostile, and suspicious environment. The suggested potential use of eminent domain has only added fuel to the fire. As the owner of one of the properties that will be impacted by the County's plans, I have a right to ask for and be provided with accurate and truthful information upon which to base my decisions. "Thank you for your time. "Sincerely, "Zetta R. Sprole" Mahlon Perkins, 11 South Street, Dryden, New York, stated the following: 81 March 16, 2010 "I am here on behalf of Dr. and Mrs. Beyenbach, the Roisman's and Mr. and Mrs. Carruthers. I am not here to argue the final design report and all of that. I am here to talk about what I see is a fail fly in the proceedings and that is in order to forcibly take someone's property and that is what eminent domain is, it is taking your property against your will. But in order to do that you have to have a map, which shows what it is you want to acquire and I think the maps that these owners along Hanshaw Road have been furnished are completely inaccurate. And I don't fault so much the surveyors and the engineers as I do the County. The County knows that this is a highway by use and the County has no, at least from my clients, rights of way, licenses, appropriations, maps, or anything at all in document form which would establish right-of-way anywhere other than by use. "So what I did is took your map and I blew it up a little bit on my copier and I colored in here in yellow the area the County proposes to acquire. Now this is the Beyenbach property and this is a temporary easement. Our position is that you have not addressed the area in blue. The area in blue represents the area between the edge of the asphalt shoulder and the area if you picked it on the temporary easement. Our position is since you have no documentation, the area acquired by use, so the public easement is the pink area, and you must address this area. In all three of these cases I estimate that the area that is not correctly shown is any where from 90-100 percent more than you are proposing to acquire. I think the first thing you need to do is meet with the property owners and agree where the highway by use is and if you can't agree, that is fine that will be another discussion. But clearly, where you don't have a ditch and when you don't have any documentation the highway by use is limited to the traveled portion of the road and we know that from the Coddington Road case. So I urge you take a hard look at this before you make a failed mistake and try to rely upon these which I feel are inaccurate." Edward Harwood, 1114 Hanshaw Road, stated he has lived at this address since 1994 and made the following statement: "On the map that's been provided I have a fairly sizable piece of property being considered and the reason is that I have a number of trees there that add to the I guess the ambience of the road and so the proposal so far to my agreement is the sidewalk can go further into the property avoid the trees and provide something I think more attractive. The issue I have is two ownership issues. The first one is as the previous gentleman indicated it's really very unclear to what the County owns and what I own. There's deed documents but then there are also statements as to how much the County owns from the centerline and there is still confusion even asking this evening how wide does the County have. The number I was given was 25 feet and on this map it goes from anywhere from 18 to over 30 feet the difference from the centerline and my property that is being considered. The second issue is if this sizable piece of parcel is becoming part of the County I understand that you will take care of the sidewalk, but what happens to the rest of the property. It's no longer my property so what happens to the property between myself and the road. Thank you." Darlene Gold, 1106 Hanshaw Road, stated the following: "My house is being negatively impacted by this project. My house is the house most severely impacted by this project because partly the house is located 32 feet from the public walkway. So I am very very close to the road as it is. I have been given so much information that when I come to this meeting now it's not even accurate so this statement I have written feels sloppy. But my house is on the north side of the street and all of the windows that allow light into my house are on the south side of the street which faces Hanshaw Road. So when this project is completed, the public is going to be 22 feet away from my kitchen, my front door which is glass and my office where I work. During the temporary easement part of the project, the machinery and the workers will be 10 feet from my kitchen window and my front door and my office. As a result of the project if I want sunshine I will have to forego privacy, if I want privacy I will have to forego sunshine So I have the option of shutting myself into my house. I bought this house in 2008. I have not heard about this until the fall of 2009. Had I known, I would not have purchased this house. 82 March 16, 2010 "I object to this project, and yet it has been made clear to me that I have no rights to prevent these changes to my property. It's also been made clear to me that adequate compensation for my losses is unlikely. This project significantly lowers the property value, curb appeal, salability, and living conditions of my home. One realtor indicated that it was likely the County's changes to my property would result in a loss of 12-13 percent of its current value. Despite these impending losses of property value, I've received indication from the County -hired appraiser that it's very unlikely that I am going to be fairly or adequately compensated for these losses. "We know how much careful thought, legal, and logistical work goes into creating budgets for projects of this scale. So it seems to me not having enough money is not a valid reason for failing to compensate homeowners for property and value damage committed by this project. The information we had on PowerPoint is that this is a $3.7 million project yet when the County -appointed appraiser came to my house and saw how the project would impact my specific property he said "well I will do my best but I really don't have that much to work with". We know what that means. Did the County's project include monies for compensation for acquiring properties made uninhabitable or for paying for the loss of market value. If the County had planned on treating its taxpaying property -owning residents fairly there would be funds in the budget for fair and accurate compensation and there would be no need for the County to pull the eminent domain card. "In effect, and I say this with respect, it feels that the County is stealing from me but even worse it is with pre -meditated intent. I object to this project and I object to the underhanded and dishonest way that it has been conducted up to this point. And maybe this project does not impact you, maybe you don't live on Hanshaw Road, but if we allow the County to infringe upon our rights and to use this bureaucratic process against us in this case what's to prevent them from using this again against all of you. Thank you." Rob Rosen, 206 Sapsucker Woods Road, stated the following: "My daughter and I ride our bicycles and walk up and down Hanshaw Road often and it's really very dangerous without a sidewalk. It's unpleasant and unfriendly and a sidewalk would just make it so much easier for adults and children to walk and ride their bicycles. It'd be so much healthier, I mean trying to walk or bike to a commercial center or Community Corners where the shoulder on Hanshaw Road is like one foot long, you really take your life into your hands trying to walk to Community Corners. And this is going to be a huge improvement and it would be great, if you could, to extend the sidewalk all the way to Sapsucker Woods Road because now every day there's dozens of people that walk and bike up and down Sapsucker Wood Road to go to the bird sanctuary and I know it would be a lot safer for them if they had sidewalks and wider shoulders. I'd be happy to give up four feet of my ditch to have a sidewalk all the way to the bird sanctuary really. And I just hope you compensate people fairly but I think this would be a really big improvement and I hope you can get it all the way to Sapsucker Woods Road." Klaus Beyenbach, 1024 Hanshaw Road, stated the following: "I have lived there since 1978 so I know this neighborhood quite well; this is a residential neighborhood. There is no question that Hanshaw Road needs attention, traffic has been steadily increasing over the years, the road has deteriorated and speed limits are not being enforced. Thus, while I welcome the repair of the road I must voice my displeasure over the disregard of neighborhood concerns. It appears that in order to obtain substantial federal and state funds for this project the road project must have a sidewalk. In order to have a sidewalk the road must be widened and the County must acquire land from property owners for public use. It is my understanding that public use has not been properly established in that, for example, the survey that is a count of pedestrian traffic along Hanshaw Road has not yet been made. 83 March 16, 2010 "With few exceptions, residents along the northside of Hanshaw Road have been asked to give up property. While everyone can understand the financial savings gained by widening the road only on one side it is nevertheless unfair. If it is indeed the wish of the residents along Hanshaw Road to have a sidewalk then all should share in the sacrifice for having the sidewalk. In the present planning of Hanshaw Road project the plan itself succeeded in dividing the neighborhood along the Northside versus the Southside. "This Eminent Domain hearing is premature because there are disagreements at several properties over what the County thinks it owns and what the residents maintain they own. In our case at 1024 Hanshaw the County simply maintains a position of ownership when that position is not supported in the deed we have and the Eminent Domain hearing to date has the appearance of a threat if we do not accept the County's claim to part of our property. "Other issues have not yet been adequately addressed and these are: 1. Pedestrian safety for a sidewalk that has no curb; 2. Traffic calming measures for a wider road surface that will invite speeding; 3. Cars passing on the right moving on the sidewalk; 4. Pedestrian street crossing: if the sidewalk is only on one side of the road; 5. The relocation of mailboxes; 6. Property restoration plans; 7. Reassessments of property values in view of lost property "As in previous hearings about the Hanshaw Road project, one gets the impression that these hearings are held because they are required by law. So far concerns by the neighborhood have been belittled or ignored. The new Hanshaw Road must not only be an improvement for the road but also for our properties and qualities of our residential neighborhood. Thank you." Bruce Brittain 135 Warren Road, made the following statement: "I think this is a poor execution of a good idea. Just to summarize my concerns: Hanshaw Road should be built with a lower, rather than a higher design speed. Increasing the pavement width is likely to increase vehicle speed, decrease driver attentiveness, and lead to decreased safety. The loss of vegetation is regrettable, avoidable. It should be possible to fit two travel lanes and a sidewalk and shoulders within a 50ft right-of-way. Shifting the road center line may be necessary in some spots to go around significant vegetation that should be possible. "Warren Road and Hanshaw Road intersection is already too big. If you go look at it there is gravel on the edges of the intersection. That's an indication that vehicles don't drive, they're not using the full width of the pavement currently, making the intersection bigger seems to be a waste of effort. "Installation of traffic light is not warranted now, will not be warranted for the next twenty years. According to the manual on Uniform Traffic Control Devices if the warrants are not met within one year the light should be removed. I see no point in putting it there. A traffic light will lead to increased delays and likely increase in the severity of accidents. "The proposal seems to run counter to the NESTS study which the County and Town were both part of developing which advocated for smaller roads and residential neighborhoods. The legal notice in the Ithaca Journal indicated that any property owners who may subsequently wish to challenge the condemnation of their property by judicial review may do so only on the basis of issues, facts, and objections raised at the hearing. I would, therefore, like to enter into evidence the following items in the hopes that they might prove useful to someone's attempts to improve the design of the project: 84 March 16, 2010 1) photographs of gravel on the pavement of the Warren Road and Hanshaw Road intersection which provide evidence that the intersection is already too large; 2) memo to John Lampman from Doug Brittain and Bruce Brittain dated April 13, 2007, which reiterates or spells out more clearly many of our concerns; a copy of that will be attached and handed up; 3) the Northeast Area Transportation Study; this is dated July 1999 that is available on the web; manual on Uniform Traffic Control Devices dated December, 2009; Town of Ithaca Transportation Plan dated 2007, available on the web; and the Forest Home Traffic Calming Plan Final Report dated 2007, available on the web." Mr. Brittain quoted from the Town of Ithaca Transportation Plan: "Instead of improving network capacity by adding lanes, widening existing lanes, or increasing the design speed, the Town needs to advocate for roadway designs that are compatible with adjacent land uses and that elicit safe driver behavior, while recognizing current traffic loads. The Town needs to protect and promote safety and livability in residential areas, with residential streets designed to naturally elicit responsible driver behavior, rather than facilitate high vehicle flow rates. Narrower roads with lower design speeds or the addition of appropriate traffic calming measures may lead to the slower, more careful driving that is appropriate for residential neighborhoods. Therefore, whenever a section of road in the Town is rebuilt, rather than being restricted by the functional classification system's somewhat abstract labels alone, the Town needs to work to address any known safety problems and to ensure the new roadway design is suitable for and compatible with the adjoining land uses. In many cases this involves coordination with the County and State for roads not under the Town's jurisdiction." Deborah Cowan, 1022 Hanshaw Road, stated the following: "I am a homeowner at 1022 Hanshaw Road and I am responding to the notice I was sent for the public hearing for the Hanshaw Road Reconstruction Project. "I would first like to say that I am distressed by the notion that homeowners of Hanshaw Road are commanded to bring "issues, facts and objections" to this hearing if they subsequently wish to challenge something which has not yet occurred. We are enjoined to "speak now or forever hold our peace" based on project plans and information which we do not yet have. Those portions of the project plans and information we do have seem to be changing, even tonight. When I was next door there were things there that were not included on the information we received from Hite so it seems to be something that is a bit of a moving target and I find this unfair and unacceptable. I believe government is representative of us, the citizens and I expect you to protect and nurture my individual rights and as well as the rights of our community I don't see the contract between citizen and representative government being honored in this instance. "I believe that both my temporary easement map and the label description of "temporary easement" that was provided were both based on inaccuracies. It's my contention which I believe is supported by the recent Coddington Road decisions, among others, that the County right-of-way is limited to the roadway's actual use for public travel. At my property the travel lane is 11 feet wide and the asphalt shoulder of the road is approximately 4 feet wide which would put the County's right-of-way at my property at 15 feet. "I would hereby request again because I've asked before, that I be provided with written documentation of the County's right-of-way on my property. 85 March 16, 2010 "The temporary easement map is difficult to read and decipher. I requested a larger scale map from the representative during her visit to my property, one which would show the location, position, and width of the roadway, the shoulder, the gutter, the curb, and the walkway, and the corresponding rights- of-way and the easement. This was never provided to me so I hereby again request a detailed map of sufficient size and clarity to be readable and comprehensive to a lay person. "The legal description for "temporary easement" is written in such a manner that one would need a proficiency with a surveyor's transit to make sense of the impact on their property. I hereby request a clear description in layman's terms, of the temporary easement using easily observed reference points such as "center line of Hanshaw Road". "I have also asked for documentation of contractual arrangements covering walkway maintenance, repair, snow removal, and liability issues which then -supervisor, Cathy Valentino, at a public hearing, promised homeowners would be written into any highway contracts with the County or State. I am aware of Town law concerning sidewalk maintenance but as Ms. Valentino famously said at one of our public hearings "we can rescind anything". I believe we need the security of a contract by the County and the State. "In closing I would like to say that I hope you will do better by us in terms of providing information in a comprehensible and timely fashion so that we may understand what we are being asked and why, and to better hold to your compact to represent and protect the rights of your constituency. "Thank you for your time and attention." Hillary Acton, 1041 Hanshaw Road, stated the following: "I'd like to reiterate everything the previous speaker said. I am a little upset, partly due to the fact that I didn't even know this meeting was happening until two days ago. I do not get the Ithaca Journal. I did not receive any notice, and I only happened to stumble upon the notice on the Warren and Hanshaw crossway when I happened to be forced to come up to Warren to come back to my house because I couldn't get onto the regular exit off of 13. So I just happened to stumble upon a sign that's for this meeting. The fact that we are to forever be silent if we don't raise our concerns tonight is very upsetting to me that I didn't really have time to prepare a written speech for this. I have no information as to the workers interaction onto my property. I currently reside on the south side so I won't have the impact of the domain of property but I'm concerned about my fence, my landscaping, and what damage may be done from all the trucks and what -not. I just feel like you have really failed us as a neighborhood." Donna Heilweil, 1464 Hanshaw Road, stated the following: "I would just like to thank everybody for presenting today and put on the record the request that all of the comments, statements, suggestions, and thoughts that my neighbors have put forth be considered to apply to everybody who is in the effected area and equally". Owen Hoekenga, 1430 Hanshaw Road, stated the following: "I would like to say that I'm in favor of sidewalks and increasing the safety for all users of the Hanshaw Road Corridor. Not to speak tales of myself but I seem to be one of the younger homeowners in the area. I have small school-age children; in one year my son is going to have to get himself up to the Middle School, so I would like to be cognizant of everyone's fears that my children's safety is protected. Thank you." 86 March 16, 2010 Dave Collum, 1456 Hanshaw Road, stated the following: "Just for legality I don't think you have the right-of-way. It will hit my property values, I will have loss of trees, and I'm worried about the maintenance of the sidewalk. What bothers me more actually is the fact that we're doing this because the feds are giving us the money and it appears to be despite some people who want the sidewalks I understand the argument, I understand Peter's argument, you got a lot of people who don't want them so you guys come off as we're from the government, we're here to help and we don't want your help. If they gave us $3.7 million and we put it in the bank would we spend it on sidewalks, I doubt it. I'm becoming a militant libertarian in my old age here, I'd like to take out the feds in some way. If anyone does it's not me, but I'd like to. And I think its appalling actually that instead in one of these meetings which usually its citizens opposing citizens and the government's supposed to interject themselves to make it all work, it appears to now be citizens against the local government and I think you guys really ought to ask is this really what's supposed to be done and I don't think so. Thank you." Ms. Robertson said written comments, questions, and other documents will be accepted by the County until the public hearing is formally closed in three weeks on April 6 so this is not the last opportunity. Diane Feldman, 1404 Hanshaw Road, stated the following: "I don't necessarily think people are totally against sidewalks in the neighborhood. I think the way that its getting done is the problem. People are going to lose trees, they still haven't figured out the water drainage system coming from Sapsucker Woods. One response to that is that well its not our problem, once we figure out the water drainage after it leaves us it'll just be somebody else's problem. But that's not what we're supposed to be doing in a community; we're supposed to be thinking about each other and how what we do will impact other people. You're building a sidewalk without lights, you're encouraging people to walk in darkness, you know that's not necessarily the best thing. I've heard that widening the roadways is not going to speed traffic, they're already doing 50 and 60 on Hanshaw Road in a 40 mph limit. What makes you think that widening the road is going to make them go slower, I think that's just not thinking clearly. "I know some of you want the project done, as you pointed out there's federal money and let's use it but let's use it wisely. You did Warren Road and you realized after you did it that it was wrong, that it wasn't wide enough. Why don't we use that as an example and say ok, lets do it the right way instead of hurrying up to use federal funds and do the roadway and in a couple of years you'll fix it again. I don't think that's really what the residents and the community want. I think the residents want a community and I don't think that's what's going to happen with this plan. "So its not the sidewalks, I don't think people are concerned that "oh my god" they're putting sidewalks in, I think taking 20 feet of someone's property to put a sidewalk in is a big difference than just saying we're putting a sidewalk in. And when Mr. Rosen spoke he said you can take four feet of my property to put a sidewalk in, that's great, but its 20-25 feet of my property. You're going to be sitting at my front yard as you were sitting in her front yard, in her house and I don't think that's fair to the residents in the community And maybe you should all, and I did this up Muriel Street after we found out the size of the width of the property. I actually walked out the 15-20 feet on people's property and they didn't realize how much that was and maybe if you all looked at your own property and walked off the distance — 15, 20, whatever the number is this week because it does change all the time, maybe if you actually measure that property out you'd be surprised at how much it actually is. It's not just a number on a piece of paper, its not just oh 15 feet today, 20 feet tomorrow, oh we forgot the utility poles, that's another two feet. Actually walk it off in your own homes and see what it does to your own property and what it's going to do to the community that you live in if you don't live on Hanshaw Road. Thank you". 87 March 16, 2010 Adjourn Public Hearing Ms. Robertson said "I would like to thank everyone for coming this evening. Written comments, questions and documents will be accepted by the County until the Public Hearing is closed at 5:30 PM on April 6, 2010. Please submit your written statements to Cathy Covert, Clerk of the Legislature, 320 North Tioga Street, Ithaca, NY. These written statements will be incorporated into the hearing record. I now adjourn this hearing." No one else wished to speak and the public hearing was adjourned at 6:48 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused — 1 (Legislator Kiefer). Mr. Shinagawa was excused at 8:11 p.m. Ms. Robertson announced an executive session to discuss real estate negotiations will be held later this evening. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, read the following statement: "I have watched with a great deal of concern the community's reaction to the events at Pete's grocery — an event which brought the real world a little bit closer to Tompkins County. "The Ithaca Journal online comments to various articles in the newspaper have ranged from strongly supporting the role of the CNET group and their handling of the situation to condemning perceived unjust treatment of the person who was the focus of this event. This new level of journalism allows people to vent their frustrations in a faceless manner and much of what is written is based only on the individual writer's perception of the truth and often filled with unsubstantiated facts and rumors. "The appointing of the special prosecutor from Chemung County should go a long way toward sorting out the truth about this event. "In the meantime we have law enforcement people all over this County who do their work 24/7 without any newsworthy incidents. They have been sworn to serve and protect and I believe they do their jobs well. I would guess that many of our law enforcement people are now a bit more apprehensive about doing their daily work than they were prior to this event. Their anxieties may be legitimate or unfounded, but it is likely they do exist. "As the investigation comes to a close and the findings are made public, there will be people who will be satisfied and those who will be dissatisfied with the results. It will be a critical time for elected officials and community members to demonstrate leadership and support the findings of the investigation." Mr. Shinagawa, District No. 4 Legislator, reported on an event that will take place tomorrow at Cornell at 4:30 p.m. to reflect on the recent tragedies that have occurred at Cornell University regarding those students who have taken their own lives. This event will be an opportunity for people to reflect on these events and reaffirm life and also celebrate being part of a community. The Cornell Student Assembly, administration, counseling services, and a large array of student services will be at the event. He said it is a tough time for his District and he hopes people will come out to show their support. 88 March 16, 2010 Mr. Proto, District No. 7 Legislator, reported on the NYSEG Public Service Commission review. He said Broome County has challenged the rate increase and is circulating information to other interested counties. He reported the Universal Fund received national recognition in regard to broadband funding discussions by the FCC. Mr. Proto said they are working on the purchasing process for flags to be placed on all Veterans graves; if anyone knows of an organization that has taken on responsibility for decorating a cemetery to let him know. th Lastly, he announced on May 11 the Office for the Aging is having its 35 Annual luncheon for the Office for the Aging Advisory Committee. Ms. Pryor, District No. 6 Legislator, spoke of the Census and said she is confident the Town of Lansing will once again reach the 80% return rate. She invited all residents of Tompkins County to join the Town in reaching an 80% or better return rate. Several Legislators spoke briefly about completing and returning their Census form and the availability of information on the County's website. Ms. Robertson reminded the public that today is Election day in the villages and encouraged everyone to vote. Mr. Lane, District No. 14 Legislator, thanked Mr. Dennis and Mr. Shinagawa for their comments earlier. The entire community is hurting over the sad and what appears to be unfortunately an annual event of losing wonderful people to pressures and anxieties of our society. Unfortunately that goes back many years to the founding of the University and the fact that Ithaca has gorges. Mr. Lane commended the students at Cornell who are trying to do something about this by stationing themselves at bridges to smile at people and by pasting notices up to tell people they are cared about. He said when a person is so depressed that they think there is no way out they need to know that there is a way out. Ms. Herrera, District No. 5 Legislator, reminded Legislators that there is a strong movement in Ithaca due to the high immigrant population to support comprehensive immigration reform. She said there is a bus going to Washington on March 20 and extended an opportunity to the public to ride on the bus. Efforts to support the bus are being coordinated by the Tompkins County Worker's Center. Ms. Herrera said we have a strong immigrant population here and we need to recognize that comprehensive immigration reform is part of economic development in Tompkins County. She said it is important to find ways to support this and hopes to have a strong contingent from Ithaca participate in this. Privilege of the Floor by the Public Alan McAdams, Johnson School at Cornell University, spoke of his support for the County's and communities' broadband request for information by Google. If Tompkins County were selected to bring in the very high speed networking, it would be very good for this community and noted it would be paid for by Google. He said Google is looking for the opportunity to have a demonstration project and there are a lot of opportunities for a demonstration project in this area. Presentation by the Assessment Department 89 March 16, 2010 Mr. Franklin, Director of Assessment, provided a presentation to the Legislature concerning the 2010 Continual Equity Maintenance (CEA) Program. The following is an outline of the presentation: Year End Report 2010 • The local real estate market is making a slow gradual turn downwards. o Availability of lending dollars o Lack of foreclosures o Low unemployment o Stabilizing influence of Cornell/IC o Small appreciation rates in past years o Lack of speculative building • The middle -priced houses ($500,000) are the ones that are showing the most sluggish results (45 houses sold in previous years — on track for 20 houses this year). • Starter homes (under $250,000) are showing the least downturn spurred on by low interest rates (under 4.5%) and the first time homebuyer tax credit. Sales Ratio July 1, 2008 to July 1, 2009 Mean = 0.99 Median = 1.00 PRD = 1.00 COD = .05 Changes for 2010 Prelim Roll 2,787 total changes 719 decreases 2,068 increases 956 total physical changes Stratified the sales by Assessment Range, School District, Town, Property Class, etc. Reassessment Projects Assessment Generally Decreased Town of Ithaca — Grandview Subdivision, Southwoods Subdivision (vacant land) Town of Lansing — High End Subdivision Assessment Generally Increased Town of Ithaca — Commonland Assessment Equity Reviewed Town of Danby — 22030 Neighborhood Town of Ithaca — Eastwood Commons Town of Ithaca — Deer Run Town of Newfield — Main St Town of Ithaca/Ulysses — Lakefront Outlook for 2011 CEM Program Sales are slowing. July 1, 2008, to July 1, 2009 = 602 sales, 59 sold under assessment, 105 sold over assessment. July 1, 2009, to Jan 1, 2010 = 439 sales, 107 sold under assessment, 68 sold over assessment. Issues in the future: Oil and Gas Leasing Reliance on the property tax increases scrutiny on our department Increase in websites offering CAMA services — i.e. Zillow Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee 90 March 16, 2010 RESOLUTION NO. 32 - AUTHORIZING SUBMITTAL OF 2010 NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (IX) MOVED by Ms. Mackesey, seconded by Mr. Burbank. Ms. Chock disclosed that the application does not involve any money or salary for the Ithaca Neighborhood Housing Services housing organizations should they be chosen for this. Mr. Wood said he sees no conflict in Ms. Chock voting on this resolution. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Kiefer), Temporarily out of the Room — 1 (Legislator Stein). RESOLUTION ADOPTED. WHEREAS, Tompkins County has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, the Division of Housing and Community Renewal Community Development Block Grant (CDBG) program is an important source of funding to address community development objectives in the County, and WHEREAS, the Tompkins County Homeownership Program has been funded through eight separate CDBG grants since 1993, and has proven to be very successful in meeting an important community development need in the County, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for $750,000 in funding in the 2010 round of the Division of Housing and Community Renewal CDBG funding for the Tompkins County Homeownership Program (IX), RESOLVED, further, That the program be modified to include a partnership with Tompkins Community Action through an Energy Efficiency Fund and a partnership with Ithaca Neighborhood Housing Services or another similar program in conjunction with the Housing Trust Program, which will support increased energy efficiency in homes and long-term housing affordability throughout the County, RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Division of Housing and Community Renewal CDBG application and any materials required by the Office of Community Renewal. SEQR ACTION: TYPE II -20 RESOLUTION NO. 33 - APPROVAL OF BYLAWS AND CERTIFICATE OF INCORPORATION OF THE TOMPKINS COUNTY DEVELOPMENT CORPORATION MOVED by Ms. Mackesey, seconded by Mr. Dennis. Ms. Mackesey said this Local Development Corporation will be focused on issuing bonds. Many of these have been set up in New York State as a means to avoid prevailing wage and this one will not have that ability and any action it takes outside of bonding will have to be approved by the Legislature. She said this is being brought forward because last year the IDA (Industrial Development Agency) lost its ability to bring in funding by bonding for not -for -profits. Ms. Herrera said she has a difference of opinion with regard to whether not -for -profits utilize their bonding at times in order to go non-union or non -local with building projects, construction and vendors. In addition, she spoke of the Public Authority Accountability Act and believes the interpretation of best practices that are being forwarded by some members of the community would ultimately take away from Legislators and the taxpayer, majority representation on the IDA. Mr. Shinagawa spoke as a new member of the IDA and said he has reviewed all of the projects that have come through the IDA over the last several years. He also said all of the projects have contributed greatly to the economic and social fabric of this community Mr. Shinagawa said with the 91 March 16, 2010 creation of this Local Development Corporation the IDA will have the power to continue doing the same work. He acknowledged the concerns of Ms. Herrera and said it will be this Legislature's responsibility to make sure prevailing wages and other important aspects are brought forth and passed. Ms. Herrera asked whether it will be in the LDC's authority to pay livable wages for projects. Ms. Robertson said a policy could be established by the LDC. Ms. Filiberto agreed it is not a policy currently. Ms. Chock said Article 6, Section 5, speaks to the policies of the Corporation. She shares the concern that we continue, as both policies for the IDA and the new Corporation move forward, to give careful consideration as to what policies and practices this Legislature would like to see. She also said Section 5 allows us to continue each of the practices separately as well as institute new practices in the future. Ms. Chock said she is satisfied that the ability to appoint new members to this new body rests with this Legislature. Ms. Robertson said the record of what has been done with the IDA in the past shows that the average non -management jobs have had an average wage of more than $18/hour and the subsidy has only been $880 per job. She said the record of the IDA with these policies is very good. Mr. Proto said the general purpose of this was because the State took away the IDA's authority to lend to not -for -profits and this gives the IDA an extra tool. He spoke of IDA and TCAD (Tompkins County Area Development) fees generated over the years and asked if there is a fee collection structure. Ms. Filiberto said she believes there is a fee structure included. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Development Corporation was created in accordance with County Resolution No. 203 of November 17, 2009, and pursuant to Section 1411 of the Not -For -Profit Corporation Law, and WHEREAS, Resolution No. 203 of 2009 designated the County as the sole Member of the Corporation, and WHEREAS, the Member shall approve the bylaws and certificate of incorporation, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Bylaws and Certificate of Incorporation of the Tompkins County Development Corporation be approved. SEQR ACTION: TYPE II -20 RESOLUTION NO. 34 -ENDORSING A COUNTY RESPONSE TO GOOGLE, INC., "FIBER TO COMMUNITIES" REQUEST FOR INFORMATION, EXPRESSING INTEREST IN A FIBER OPTIC NETWORK TRIAL MOVED by Mr. Lane, seconded by Ms. Chock. Mr. Proto questioned what financial contribution would be made by other entities. Mr. Lane said there was discussion about whether the County should present this to the Council of Governments; however, there was not sufficient time to do that. He said there is no financial commitment involved at this time; this involves the gathering and assembly of information to Google. Mr. Proto expressed concern over the monetary time and commitment County staff would have to spend doing research or gathering data. Mr. Lane said he thinks it makes sense for the County to shoulder the responsibility of doing administrative work for something of this broad nature for the entire County. Ms. Robertson said there was a very good discussion at a meeting last Thursday by several 92 March 16, 2010 municipal officials. It was the consensus at that meeting that there is very strong interest in the community for better internet service. Mr. Lane, Chair of the Government Operations Committee, will be following-up on this subject. She is considering establishing a community -wide steering committee that would include Legislators, staff, and members of the community to focus on this issue. Mr. McAdams said the information that Google is asking for does exist. He extended an offer to the County to have students help assemble the necessary information. Ms. Herrera said she recognizes the importance of this kind of communication in underrepresented communities. She spoke of a recent Capital Plan Review Committee meeting where members heard Mr. Marx, Commissioner of Planning and Public Works, talk about deferred maintenance, and the impact that has on the short and long term. The Committee also received a presentation from a representative of the Unified Court System, which is very eager to move into space in the Courthouse that is currently occupied by County departments. Ms. Herrera said there is a cost associated with all of the items that were discussed. While she understands the importance of things such as this, she has concern with the haste at which this is proceeding. She has questions regarding the ongoing maintenance of private infrastructure and about the bid award, noting that when you accept the lowest bid sometimes you don't get the best quality. Ms. Herrera said she is willing to support this proposal but not without taking a long hard look and concluding that it does not include a cost that the County cannot bear. Ms. Chock said she sees broadband service as a basic utility and something all residents need. She said if the County were to be successful with this pre -application Google come here and talk further; at that point there would need to be a more detailed discussion. It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, to Call the Question. on the motion resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — Kiefer). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — Kiefer). RESOLUTION ADOPTED. A voice vote 1 (Legislator 1 (Legislator WHEREAS, Google, Inc., a multinational Internet search technologies corporation headquartered in Mountain View, CA, is planning to launch an experimental ultra-high speed broadband network in one or more locations across the United States and is requesting information from interested local governments who wish to be considered as a trial site, and WHEREAS, on February 18, 2009, Tompkins County, in response to New York State Governor Paterson's request for American Recovery and Reinvestment Act of 2009 (ARRA) needs of local communities, included broadband expansion among the list of key reinvestment priorities for the County and its sixteen municipalities, and 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, and in community support organizations, economic development, and eGovernment (electronic access to government information, services, and programs), and WHEREAS, Tompkins County continues to affirm the need to work with public and/or private providers to attain development and implementation of new telecommunication technologies that best serve the interests and needs of local residents, particularly those located in unserved and underserved areas of the County, and 93 March 16, 2010 WHEREAS, if Tompkins County were selected by Google, Inc., to participate in the company's ultra-high speed broadband network trial, this would provide not only a unique public/private partnership but also an extraordinary collaboration opportunity between the County and other local municipalities, local economic development entities, local health care facilities, and potentially three local and highly recognized institutions of higher learning, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County will work in partnership with local municipalities and other local public and private entities to develop a meaningful and competitive response to the Google Request For Information (RFI), with the intent to submit the response no later than March 26, 2010. SEQR ACTION: TYPE II -20 Recess Ms. Robertson declared recess at 8:11 p.m. The meeting reconvened at 8:19 p.m. Mr. Shinagawa was excused at 8:11 p.m. Report from the Chair Ms. Robertson presented five-year service awards to Legislators Dennis and Mackesey, and also to Mr. Shinagawa in abstentia. She also presented a 25 -year service award to Legislator Proto. Ms. Robertson thanked Legislators who are going above and beyond in their communities in the spirit of public service. Report from the County Administrator Mr. Mareane reported on the status of the Health Insurance Consortium and said they are continuing to work on the question of labor participating with labor unions. He said this delay is costing the County approximately $20,000 per month. The Legislator/Department Head retreat will be March 23rd at 3:30 p.m. at the Ithaca Town Hall. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported the second month of sales tax receipts for 2010 was received and there was a positive modest growth of 1.8% over last year. Mr. Squires also reported on a new requirement for local development corporations that is the result of the Public Authority Accountability Act. Members of local development corporations, Industrial Development Corporations, and Tobacco corporations, will now have to sign an acknowledgement that they recognize they are a fiduciary. He said these corporations will also be required to create a mission statement. Addition or Withdrawal of Resolution(s) from the Agenda There were no resolution(s) added to or withdrawn from the Agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: 94 March 16, 2010 RESOLUTION NO. 35 - INCREASE IN MEMBERSHIP DUES FOR NEW YORK PUBLIC WELFARE ASSOCIATION - DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Social Services' 2010 approved budget included provisions for payment of $3,914 in Annual Dues for its membership in the New York Public Welfare Association (NYPWA), and WHEREAS, NYPWA's dues for the current year are higher than was anticipated when the Department's budget was submitted, and WHEREAS, County policy requires that payment of all Dues and Membership amounts must be prior -approved by the Legislature, and WHEREAS, the Department is able to transfer funds from another budget line to cover the increase without altering the net local cost of its budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Department of Social Services is authorized to pay $3,992 to NYPWA for its 2010 Annual Dues, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services' budget: From: 6010.54442 Professional Services $78 To: 6010.54416 Dues/Memberships $78 SEQR ACTION: TYPE I1-20 RESOLUTION NO. — 36 - BUDGET ADJUSTMENTS - VARIOUS DEPARTMENTS MOVED by Ms. Herrera, 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 Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Social Services Revenue Acct Title 6010.44689 6010.44689 6010.44689 6010.44689 6010.44689 6010.54609 Fed: Fed: Fed: Fed: Fed: Fed: Other Social Services Other Social Services Other Social Services Other Social Services Other Social Services TANF Amt Approp Acct $1,018,716 6010.54400 $ 46,848 6010.51000562 $ 39,345 6010.51000538 $ 34,908 6010.58800 $ 189,174 6010.54400 $ 140,000 6010.54400 Title(s) Program Expense Caseworker Social Welfare Examiner Fringes Program Expense Program Expense Explanation: 2009 Resolution #168 included adjustments to the Department's 2010 Budget in association with the Homeless -Prevention and Rapid Re -Housing (HPRR) Grant. These adjustments have not yet been executed, and the Department has been instructed to re -submit the request in this format. The rate of expenditure on the Rental Arrears component of the Housing First initiative funded through the HPRR grant has exceeded expectations; we are therefore proposing to shift funds anticipated to be paid for this purpose in 2011 to the current year. 2009 Resolution No. 171 included adjustments to the Department's 2010 Budget in association with the Wheels for Work Grant. These adjustments have not yet been executed, and the Department has been instructed to re -submit the request in this format. 95 Revenue Acct 6010.43610 6010.43610 6010.43610 March 16, 2010 Title Amt State: Social Services Adm. State: Social Services Adm. State: Social Services Adm. $1,527 $5,000 $8,821 Approp Acct 6010.52230 6010.52230 6010.52230 Title(s) Software Printing Professional Services Explanation: The Department of Social Services and COFA have received another year's worth of "NY Connects" grant funding for their joint Single Point of Entry project. The approved budget includes the printing of educational and promotional materials, software licensing/support costs for a database used by both Departments' staff to track and co-ordinate client care, and funds for development of an easily- updateable website that will convert its contents on -demand into a current, printable version for reference. Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6772.42705 Gifts and Donations $7,807 6772.54400 Program Expense Explanation: Reappropriated money to be used in 2010 in Title III Program for the Community Health Foundation grant. SEQR ACTION: TYPE II -20 RESOLUTION NO. 37 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT WITH C&S ENGINEERS FOR OBSTRUCTION LIGHTING - DESIGN AND BIDDING SERVICES - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by Resolution No. 11 of 2004, the Tompkins County Legislature approved an Obstruction Study at the airport that commenced in 2004 and was finalized in 2005, and WHEREAS, said Obstruction Study identified a number of obstructions that need to be removed or mitigated, and WHEREAS, some of the identified obstructions are in, or close to sensitive areas, and close attention must be paid to the potential impacts on the environment, and WHEREAS, the Federal Aviation Administration (FAA) has agreed that obstructions in Sapsucker Woods, to the west of the approach to Runway 32 may be marked and lighted instead of being removed, and WHEREAS, there is a need to design and site lighted obstruction markers in said location, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a supplemental agreement to our general airport engineering agreement with C&S Engineers of Syracuse, NY, be approved in the amount of $14,784 for said work and the financing of said contract is as follows: Federal Aviation Administration (FAA) (95.0%) $ 14,044.00 New York State Department of Transportation (NYSDOT) (2.5%) $ 370.00 Local (Airport Operational Budget) (2.5%) $ 370.00 Total $ 14,784.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents, RESOLVED, further, That the Finance Director be and hereby is authorized to make payments for this project until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE 1 (Negative Declaration and the full Environmental Assessment Form is on file in the Legislative Clerk's office) 96 March 16, 2010 RESOLUTION NO. 38 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT WITH C&S ENGINEERS FOR OBSTRUCTION LIGHTING - PART- TIME CONSTRUCTION OBSERVATION & ADMINISTRATIVE SERVICES AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by Resolution No. 11 of 2004, the Tompkins County Legislature approved an Obstruction Study that commenced in 2004 and was finalized in 2005, and WHEREAS, said Obstruction Study identified a number of obstructions that need to be removed or mitigated, and WHEREAS, some of the identified obstructions are in, or close to sensitive areas, and close attention must be paid to the potential impacts on the environment, and WHEREAS, the Federal Aviation Administration (FAA) has agreed that obstructions in Sapsucker Woods, to the west of the approach to Runway 32 may be marked and lighted instead of being removed, and WHEREAS, once the markers have been designed and the contract bid, there is a need to oversee and administer the construction contract, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a supplemental agreement to our general airport engineering agreement with C&S Engineers of Syracuse, NY, be approved in the amount of $29,587.00 for said work and the financing of said contract is as follows: Federal Aviation Administration (FAA) (95.0%) $28,107.00 New York State Department of Transportation (NYSDOT) (2.5%) $ 740.00 Local (Airport Operational Budget) (2.5%) $ 740.00 Total $29,587.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents, RESOLVED, further, That the Finance Director be and hereby is authorized to make payments for this project until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE 1 (Negative Declaration and the full Environmental Assessment Form are on file in the Legislative Clerk's office) RESOLUTION NO. 39 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT WITH C&S ENGINEERS FOR AIRCRAFT PARKING APRON EXPANSION - ENVIRONMENTAL, DESIGN, AND BIDDING SERVICES AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Airport's fixed base operator, Taughannock Aviation Corporation, has recently completed a three-phase replacement of their general aviation facility, and WHEREAS, the original general aviation facility was de -constructed in 2008 to make room for much-needed aircraft parking, and WHEREAS, the underlying ramp of the original general aviation facility, which has been in place since the 1940s, needs to be removed and the ramp area re -designed, and WHEREAS, there is a need to do an environmental investigation of the ramp underlying the original general aviation facility to ensure the ground is free and clear of any contaminants, now therefore 97 March 16, 2010 be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a supplemental agreement to our general airport engineering agreement with C&S Engineers of Syracuse, NY, be approved in the amount of $102,701.00 for said work and the financing of said contract is as follows: Federal Aviation Administration (FAA) (95.0%) $ 97,565.00 New York State Department of Transportation (NYSDOT) (2.5%) $ 2,568.00 Local (Airport Operational Budget) (2.5%) $ 2,568.00 Total $102,701.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents, RESOLVED, further, That the Finance Director be and hereby is authorized to make payments for this project until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -2 RESOLUTION NO. 40 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO PROVIDE DESIGN, BIDDING, CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SERVICES FOR AN OBSTRUCTION LIGHTING PROJECT; TO CONSTRUCT AN OBSTRUCTION LIGHTING PROJECT; AND FOR ENVIRONMENTAL, DESIGN AND BIDDING SERVICES IN RELATION TO AN AIRCRAFT PARKING APRON EXPANSION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has received a (Phase I) grant offer from the Federal Aviation Administration (FAA) in the amount of $242,250 to accomplish design, bidding, construction, construction observation, environmental and contract administration services, as listed above, and WHEREAS, the budgets for these projects are as follows: FAA Share (95.0%) Account No. HT 5601.44592 $ 242,250.00 New York State Department of Transportation (NYSDOT) Share (2.5%) Account No. HT 5601.43592 $ 6,375.00 Local Share (Airport Budget) (2.5%) Account No. HT 5601.45031 $ 6,375.00 Total $ 255,000.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the (Phase I) grant offer from the FAA of $242,250 be and hereby is accepted and that the County Administrator be and hereby is authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 41- AWARD OF BID - CONSTRUCT OBSTRUCTION LIGHTING PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Department advertised and received eight (8) bids for constructing obstruction lighting near the Sapsucker Woods bird sanctuary, and WHEREAS, the Airport's engineering consultants, C&S Engineers of Syracuse, NY, have reviewed all the bids and found the lowest responsible bidder is B&H Taxilane Lighting Inc., of Conklin, 98 March 16, 2010 NY, with a bid of $ 101,725.00, and WHEREAS, the Federal Aviation Administration (FAA) has reviewed the likely effect of this project on the environment and has issued a Finding of No Significant Impact (FONSI), now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to B&H Taxilane Lighting Inc., of Conklin, NY, as the lowest responsible bidder with a bid of $ 101,725.00, RESOLVED, further, That the funding sources for this project are as follows: FAA Share (95.0%) $ 96,638.00 New York State Department of Transportation (NYSDOT) Share ( 2.5%) $ 2,543.00 Local Share (Airline Rates & Charges) (2.5%) $ 2,544.00 TOTAL $101,725.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with B&H Taxilane Lighting Inc., of Conklin, NY, RESOLVED, further, That the Finance Director be and hereby is authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE 1 (Negative Declaration and Full Environmental Assessment Form are on file in the Legislative Clerk's office) Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda. Soil and Water Conservation District Alan Teeter — Grange representative; term expires December 31, 2012 Board of Health Erin Hall -Rhoades — Physician representative; term expires December 31, 2015 Environmental Management Council Eric Banford — Town of Danby representative; term expires December 11, 2011 Planning Advisory Board — terms expire December 31, 2012 Pam Mackesey, County Legislator Delegate Regional Forest Practice Board — terms expire December 31, 2011 Pat Pryor, County Legislator Delegate Carol Chock, County Legislator Alternate Water Resources Council Carol Chock, County Legislator; term expires December 31, 2011 Ithaca Downtown Partnership - terms expire April 15, 2011 Leslyn McBean-Clairborne, Delegate Frank Proto, Alternate Personal Emergency Response Service Advisory Board David McKenna — County Legislator; term expires December 31, 2011 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee 99 March 16, 2010 Ms. Mackesey, Chair, reported the Committee met on March 3. In addition to the resolutions on this evening's agenda the Committee heard a report from Jackie Kippola on some of the programs the tourism funds are providing. The next meeting will be April 7th RESOLUTION NO. 42 - RESOLUTION URGING THE NEW YORK STATE LEGISLATURE TO SUPPORT THE STATE'S FARMLAND PROTECTION PROGRAM AND ENVIRONMENTAL PROTECTION FUND MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, agriculture is a significant contributor to New York's economy, and WHEREAS, farms provide jobs, support local businesses and are part of industry sectors that have a $23 billion economic impact annually in New York, and WHEREAS, Tompkins County farms generate 60 million dollars in product sales, and WHEREAS, farms comprise 7 million acres of land in New York, roughly twenty-five percent of the state's land base, and WHEREAS, Tompkins County farmers own and/or work thirty-two percent of the County's acreage, and WHEREAS, farmers have a strong track record of pro -active environmental stewardship in New York, and WHEREAS, rapidly changing economic conditions threaten the future viability of New York's agricultural industry, and WHEREAS, 26,000 acres of farmland are developed each year in New York, and WHEREAS, the State of New York established a Farmland Protection Program in 1992 to assist towns and counties in developing and implementing local agricultural and farmland protection plans, and WHEREAS, over $3 million has been awarded by the Farmland Protection Program to 50 counties and 52 towns to assist in the development of local agricultural and farmland protection plans, and WHEREAS, the Farmland Protection Program has awarded more than $173 million to help farmers, local governments and land trusts permanently protect 74,000 acres on 303 farms, and WHEREAS, demand for Farmland Protection Program funding has been strong due to the program's popularity, with a record 181 farms seeking $156 million in state funding to protect 49,500 acres in 2008, and WHEREAS, to date six Tompkins County farms have been awarded funding to protect over 1,900 acres, and WHEREAS, funding for the Farmland Protection Program is allocated from the State's Environmental Protection Fund (EPF), a dedicated fund whose principle funding source is a State Real Estate Transfer Tax (RETT), and WHEREAS, the Governor and State Legislature must take steps this year to protect New York's valuable farmland and strengthen the future for farms across New York, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature does hereby urge State lawmakers to support New York's farmers, the State's agricultural economy and protection of valuable farmland by supporting funding for the Farmland Protection Program and Environmental Protection Fund, RESOLVED, further, That the Tompkins County Legislature does hereby oppose drastic cuts to the Farmland Protection Program and Environmental Protection Fund, as outlined in the Governor's Fiscal Year 2010-11 Budget Proposal, RESOLVED, further, That the Clerk of the Tompkins County Legislature is hereby directed to forward copies of this resolution to Governor David Paterson, Senate Majority Temporary President Malcolm Smith, Senate Majority Leader Pedro Espada, Jr., Senate Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senator James Seward (51St District), Senator George Winner (53rd District), Senator Michael Nozzolio 54th District), Assemblywoman Barbara Lifton (125th District), and the American Farmland Trust. 100 SEQR ACTION: TYPE 1I-20 March 16, 2010 RESOLUTION NO. 43 - ACCEPTANCE OF A NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY GRANT TO ESTABLISH A COUNTYWIDE RIDESHARE PROGRAM - ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Mackesey, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present. WHEREAS, in 2009 the New York State Energy Research and Development Authority (NYSERDA) solicited competitive proposals for Energy Efficient Transportation Systems under Program Opportunity Notice (PON) 1554, and WHEREAS, the Ithaca -Tompkins County Transportation Council (ITCTC) working together with representatives from Cornell University, Ithaca College, Tompkins Cortland Community College, Cornell Cooperative Extension, and the Tompkins County Department of Social Services as the Tompkins County Rideshare Coalition prepared a proposal for the PON 1554 grant to implement an automated countywide rideshare program available to anyone seeking to travel to, from and/or within Tompkins County, and WHEREAS, the total project cost is $179,000, of which the Tompkins County Rideshare Coalition is contributing $65,000 of in-kind marketing and outreach, the software vendor is providing $60,000 of cost-sharing, and NYSERDA has awarded an Energy Efficient Transportation Systems grant of $54,000 to the ITCTC, serving as lead agency, towards the implementation of a three-year pilot automated rideshare program in Tompkins County, and WHEREAS, the ITCTC was included as the lead agency in the NYSERDA grant application, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature accepts the NYSERDA Energy Efficient Transportation Systems grant of $54,000, RESOLVED, further, That the project budget is as follows: 8679.43089 Other State Aid $54,000 8679.54400 Program Expense $54,000 RESOLVED, further, That the County Contracts Coordinator is authorized to execute the NYSERDA grant award on behalf of Tompkins County, RESOLVED, further, That the County Contracts Coordinator is authorized to sign any contracts or agreements between the County of Tompkins and any third party necessary to complete the project. SEQR ACTION: TYPE II -20 Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, reported the "kick—off' event was held last Wednesday at the Public Library and went very well; she noted the phrase "Everyone Counts in Tompkins County" was spoken in 12 different languages. She announced Kevin Sutherland, along with representatives from the Census Bureau, have been very busy distributing literature. She also reported there is a huge effort underway in Collegetown. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Dennis, Chair, made reference to a letter Mr. Mareane wrote to the County's State representative on the 25 -cent increase in the Mortgage Recording Tax and said a copy has been provided to all Legislators. Mr. Dennis said he, along with Mr. Proto, Ms. Kiefer, and Mr. Mareane met with Assemblywoman Lifton a few days ago to discuss a variety of topics. Ms. Lifton had her staff inquire 101 March 16, 2010 about the State grant funds for Lakeside Nursing Home that will be used towards payment of back taxes. Ms. Lifton informed those present that the process is moving forward and grant funds should be released soon. Mr. Dennis said this is good news as the loss of those funds could have severe budget implications for the County. Mr. Dennis announced the March 22nd Committee meeting has been canceled. RESOLUTION NO. 44 - OPPOSING PROPOSED STATE BUDGET CUTS TO COMMUNITY COLLEGES AND CHANGES TO TUITION ASSISTANCE PROGRAM MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins Cortland Community College (TC3) and other New York community colleges continue to experience a strong demand on the part of students, their parents, and others in our community who rely on community colleges for educational programs to upgrade their skills for employment purposes, to retrain for different workforce and employment opportunities, and to prepare for transfer to four-year institutions, and WHEREAS, TC3 has grown nearly 100 percent in enrollment over the course of the last 13 years and in fall 2009 experienced a 14 percent growth in enrollment, and in spring 2010 an additional 11 percent growth in enrollment, and WHEREAS, this demand for TC3's services requires that they provide a high quality, cost- effective range of academic programs to meet our local workforce needs and economic development demands, and WHEREAS, State support for our community colleges has remained at the same level for three years in a row and during the current budget year, that rate was decreased by $130 per full-time student (a five percent cut) during the middle of the academic year, and WHEREAS, the Governor's proposed 2010-2011 budget further reduces the base aid to community colleges by $285 per full-time student, for a total cut of 15.5 percent over the 2009-2010 budget year, and WHEREAS, the total impact of the combined cuts is more than $1.6 million in lost revenue for TC3 for 2010-2011, and WHEREAS, the Governor's proposed 2010-2011 budget cuts the maximum award for the State's Tuition Assistance Program (TAP), a program on which nearly 80 percent of TC3's students rely to help them to pay for tuition, and WHEREAS, the impact of the Governor's proposed cuts potentially reduces access for students to attend community colleges, as well as their access to higher education, so vitally needed in this time of economic uncertainty, and WHEREAS, the proposed cuts would have a devastating impact on TC3's ability to sustain instructional, academic, and nonacademic support services to their students and our community, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature strongly encourages New York State to restore the Governor's proposed $285 per FTE cut to our community colleges, RESOLVED, further, That the Tompkins County Legislature strongly advocates for the restoration of the proposed cuts and changes to the State's Tuition Assistance Program, RESOLVED, further, That copies of this resolution shall be sent to Governor David Paterson, Senate Majority Leader Pedro Espada Jr., Assembly Speaker Sheldon Silver, Senator James L. Seward, Senator George H. Winner, Jr., Senator Michael F. Nozzolio, Representative Maurice Hinchey, Representative Michael A. Arcuri, and Assembly Woman Barbara S. Lifton. SEQR ACTION: TYPE II -20 102 March 16, 2010 Report from the Public Safety Committee Mrs. McBean-Clairborne, Vice Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be April 5. Mrs. McBean-Clairborne spoke of the stressful duties of public safety personnel throughout the County lately and the impact their work has on them. She expressed the County's support for each of them. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on March 24t" Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported on the receipt of a FEMA (Federal Emergency Management Agency) grant in the amount of $40,000 that was received and distributed among 14 different organizations that do food distribution. He said he expects the Committee to review proposed changes to the Board of Health bylaws at its next meeting. Lisa Holmes, Director of the Office for the Aging, has also updated the Committee on grants the Department will be receiving. Mr. Proto also reported on the prescription Drug Collection Program offered by TCAT and said it took place on March 6th. The event went well; there were 509 individuals who visited the drop-off event and avoided disposal of prescription medicines in the County's water system. Lastly, Mr. Proto announced a liaison vacancy for a Legislator on the Office for the Aging Advisory Committee. RESOLUTION NO. 45 - OPPOSING GOVERNOR PATERSON'S PROPOSED CUTS IN FUNDING FOR LOCAL HEALTH DEPARTMENTS It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present. WHEREAS, Governor Paterson has submitted his budget recommending several reductions and shifts in funding affecting local health departments, and WHEREAS, proposals to reduce or shift Article 6 (state aid) reimbursement for certain services that have been labeled as "optional" will significantly impact services provided to communities by the local health department, and WHEREAS, elimination of Article 6 state aid for Home Health Care, with the exception of those sole providers in a county, may impact access to care where the public certified home health agency provides needed care to the most vulnerable and hard -to -reach populations, and WHEREAS, certified home health agencies are facing significant reductions at the state and federal level as well as from insurance providers, and WHEREAS, home health care is a solution to health care efficiency by helping patients avoid more costly services, hospitalization and nursing homes, and honoring the patients wish to remain at home, and WHEREAS, use of home health services saves Medicaid dollars, and WHEREAS, the Governor also proposes a shift of funding for the Medical Examiner program, an entitlement program under the New York State Depaitment of Health (NYSDOH), to an undefined program under the New York State Department of Criminal Justice Services (DCJS), and WHEREAS, although the funding for this service is transferred and not reduced in the 2010-11 budget, it is unclear what commitment DCJS will make to fully fund Medical Examiners in the future, and WHEREAS, if the funding is moved from an entitlement program to a block grant program, sustained funding for Medical Examiners may be jeopardized, and WHEREAS, it is critical that Medical Examiners, who are responsible for investigating the deaths of persons who might be involved in the criminal justice system or who might be in the custody of state or local government, be independent from law enforcement, and 103 March 16, 2010 WHEREAS, local health departments should be funded in ways that allow for discretion and flexibility in addressing local public health priorities, which can vary widely from county to county, 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 eliminate the proposed reductions and shifts in Article 6 reimbursement, RESOLVED, further, That the Governor and Legislature re -affirm support for local Medical Examiners as part of the local Health Department and maintain funding support through Article 6, RESOLVED, further, That copies of this resolution be sent to Governor David Paterson, Senator James Seward, Senator Michael Nozzolio, Senator George Winner, Assemblywoman Barbara Lifton, and other interested Senator's and Assemblymen, New York State Association of Counties, and New York State Association of County Health Officials (NYSACHO). SEQR ACTION: TYPE I1-20 RESOLUTION NO. 46 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY — MENTAL HEALTH DEPARTMENT It was MOVED by Mr. Proto, seconded by Ms. Pryor. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Kiefer and Shinagawa). WHEREAS, during 2009, three Mental Health employees were paid disability pay for more than two months, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay to the department from the Contingent Fund for those days exceeding the two months, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.5440 TO: A4311.51000591 A4335.51000562 A4312.51000621 SEQR ACTION: TYPE I1-20 Contingent Fund Salary - Community Mental Health Nurse Salary - Caseworker Salary -Continuing Day Treatment Specialist Report from the Facilities and Infrastructure Committee $ 17,770.26 $ 4,661.78 $ 4,668.77 $ 8,439.71 Mrs. McBean-Clairborne, Vice Chair, reported the Committee met on March 5 and discussed a number of items. The Committee received a report on the construction project at Brown Road; all of the tiling needs to be removed and this will delay the move date by two to three months. The Committee discussed the Red Mill Road Bridge and was told by Mr. Marx that an alternative approach to NYSDOT (New York State Department of Transportation) would be to seek permission to allow the County not to proceed rather than submit a new detailed design. Ms. Eckstrom, Solid Waste Manager, had reported to the Committee that she expected a $500,000 loss in revenues because of the decline in the commodities market. She informed the Committee that the loss was about $335,000 because of reductions already made to the operating budget. The Committee also reviewed a draft Request for Proposals for hauling services and discussed the new Solid Waste Management Act. Mrs. McBean-Clairborne said a number of resolutions pertaining to the Airport are reflected on the agenda. 104 March 16, 2010 Ms. Herrera said she wasn't aware until the public hearing this evening of the extent of public concerns that still exist over the Hanshaw Road project and hopes the Facilities and Infrastructure Committee and full Legislature will find ways to learn more about the concerns that have been raised. Mrs. McBean-Clairborne said she heard from the Chair earlier that all of the comments, written documents, and exhibits will be collected and sent to staff and others who are looking at this. She said there were many more comments made this evening than what she has heard before. Mr. Stein asked if staff would be responding to the comments made this evening. He said during the public hearing he heard a range of complaints over the competency of how the Public Works Department handled the rights-of-way for the Hanshaw Road project and would like an explanation as to how the right-of-way was calculated. Mr. Wood said it is not the County's legal responsibility to respond to each question. However, he would recommend a response to the concerns that were raised this evening in the event it is necessary to proceed with eminent domain. RESOLUTION NO. 47 - AUTHORIZATION TO EXECUTE A CONTRACT WITH BARTON AND LOGUIDICE, P.C., FOR DESIGN SERVICES — PINE TREE ROAD BIKE AND PEDESTRIAN PATHS (PIN 3950.43), TOWN OF ITHACA It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Pryor. Reference was made to a map and discussion followed concerning the map and the project area. Mr. Robison asked what the total project cost was. An answer was not known; however, Ms. Robertson said the Ithaca -Tompkins County Transportation Council and Planning Depaitment wrote a proposal and received federal funding for the project. Ms. Chock said she spoke briefly with Mr. Sczesny about the exact location of this and was told there has been some confusion with this because a portion of the Road used to be called Judd Falls Road. The entire area is a particularly dangerous area for pedestrians and bicyclists. Mrs. McBean-Clairborne clarified this only deals with Pine Tree Road. Mr. Lane Called the Question, seconded by Mr. Dennis. A voice vote on calling the question resulted as follows: Ayes — 11, Noes — 2 (Legislators Chock and Herrera); Excused — 2 (Legislators Kiefer and Shinagawa). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Kiefer and Herrera). RESOLUTION ADOPTED. WHEREAS, Resolution No. 127 of 2009 authorized an agreement with the State of New York whereby Federal sources will furnish approximately 72% of the funding necessary for design and construct the Pine Tree Road Bike and Pedestrian Paths Project (PIN 3950.43), and WHEREAS, Barton and Loguidice, P.C., is one of 5 engineering consultants that New York State Department of Transportation (NYSDOT) and the New York State County Highway Superintendents Association have fully qualified and authorized for such work on Locally -Administered Federal -Aid projects in Tompkins County, and WHEREAS, Barton and Loguidice, P.C., has been recommended by the project selection committee to provide design and right-of-way support services for the project by a committee of Town, Cornell University, and County Highway staff, representing the parties responsible for the local share of the project cost, and WHEREAS, the County Highway Manager has recommended Barton and Loguidice, P.C., as best qualified to provide design and right-of-way support services for the project and NYSDOT has approved this selection, now therefore be it 105 March 16, 2010 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 and Loguidice, P.C., of 290 Elwood Davis Road, Box 3107, Syracuse, NY, for design and right-of-way support services in connection with the referenced project for an amount not to exceed $154,000, RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 5% of the aforementioned contract amount, funds to be provided from the Pine Tree Road Pedestrian Project Capital Account (HZ 5103.59239.53.15). SEQR ACTION: TYPE II- 21 Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on March 11th. At the next meeting on April 8 Gary Ferguson from the Ithaca Downtown Alliance will be speaking about the concept of a joint City and County office space. There will also be discussion of long-term needs of the Public Safety Building. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met briefly before this meeting to consider the resolution pertaining to broadband; the next meeting will be March 18th RESOLUTION NO. 48 - APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Mr. Lane, seconded by Mr. Dennis. Mrs. McBean-Clairborne reiterated concerns she has expressed in the past about the limited amount of recruitment there has been for the appointments. Ms. Herrera suggested notifying the Legislature in advance of these appointments needing to be made in order to allow time for Legislators to do some outreach. Mr. Lane noted the individuals serving on this panel have very specialized qualifications. A voice vote on the resolution resulted as follows: Ayes — 11, Noes — 2 (Legislators Mackesey and Herrera); Excused — 2 (Legislators Kiefer and Shinagawa). 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, and WHEREAS, the following six members have served on these panels in previous years and wish to continue their service, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review Members, namely Jan deRoos, Edward Laine, Robert Walpole, Michael Cannon, Susan Lustick and Judy VanNest be appointed to serve on Administrative Review Panels, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00 each. SEQR ACTION: TYPE I1-20 Minutes of March 2, 2010 106 March 16, 2010 It was MOVED by Mr. Proto, seconded by Mr. Burbank, to approve the minutes of March 2, 2010. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Dennis), Excused — 2 (Legislators Kiefer and Shinagawa). MINUTES APPROVED. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to enter into executive session at 9:28 p.m. to discuss real estate negotiations. The meeting returned to open session at 9:45 p.m. Adjournment On motion the meeting adjourned at 9:45 p.m. 107 April 6, 2010 Regular Meeting Public Hearing — Hanshaw Road Reconstruction Project, PIN 3753.25, Towns of Ithaca and Dryden and Village of Cayuga Heights, Tompkins County Ms. Robertson said the March 16th public hearing regarding the Hanshaw Road Construction Project had been adjourned to allow the submission of additional written comments on the project until 5:30 p.m. today. Comments have been received and will become part of the record. Chair Robertson declared the public hearing closed at 5:31 p.m. Moment of Silence Ms. Robertson asked Legislators to join in a moment of silence for former employee Les Griffin and former Town of Newfield Supervisor Charles Berggren. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Mr. Shinagawa was arrived at 5:44 p.m.). Excused: 1 (Legislator Dennis). Ms. Robertson announced an executive session to discuss litigation would be held later this evening. Privilege of the Floor by the Public Bernie Hutchins, Jr., of Hanshaw Road, read the following statement: "At the March 16, 2010, Public Hearing, just closed, but for which I have earlier submitted this text, Tina Mollenkamp, the ROW acquisition specialist from Hite Inc. began her presentation mentioning the overall process: ".... " The primary goal through the process is to negotiate a fair settlement with each property owner " "In closing her presentation, she said: " ..." the county will make every effort to acquire the property by negotiations. " ... . "This sounds good, because the apposite portion of the Eminent Domain Procedures Law says: "§ 301.Policy. The condemnor, at all stages prior to or subsequent to an acquisition by eminent domain of real property necessary for a proposed public project shall make every reasonable and expeditious effort to justly compensate persons for such real property by negotiation and agreement. "So — is everyone happy? No — because in the middle of her presentation she said: ".... " I'd like to stress one point. While we use the word 'negotiator', we in fact, work under what is called a 'one -offer system'. We are required by law to offer the full amount of the highest approved appraisal. So unless there are compelling reasons to raise the offer, we will stand by the one - offer amount. " ... . "Now, that's a ludicrous contradiction. They wish to negotiate, but the offer is not negotiable. This is the same type of Kafkaesque farce that, at the Hearing, required us to defend our property, against unknown parameters. "Who here thinks this is fair? Please speak up. "Well, the opportunity of Legislators to speak follows mine, directly. "It gets worse. Let me reread what she said: ".... " I'd like to stress one point. While we use the word 'negotiator', we in fact, work under what is called a 'one -offer system'. We are required by law to offer the full amount of the highest 108 April 6, 2010 approved appraisal. So unless there are compelling reasons to raise the offer, we will stand by the one - offer amount. " ... . "It sounds as though she is saying the fixed offer is required by law. Once again, she says, "We are required by law to offer the full amount of the highest approved appraisal." "This is a true statement (Section 303 of the law). But she has juxtaposed this to an unrelated, independent sentence - a sentence she begins with the word "So", thereby falsely suggesting a consequential relationship. "So unless there are compelling reasons to raise the offer, we will stand by the one -offer amount." "There is no such law in play. "This is, very likely, intentionally misleading. "Hite speaks for you — for Tompkins County. Do you, the Legislature, tolerate this mistreatment of the citizen? "When we enter this room, it says on the door "Board Room" apparently because this body was formerly the "Board of Representatives". "Now you are the Legislature, you tell us what to do, but no longer seem to represent us. "It's time to reverse this sad situation. "Incidentally, a week ago, I informed R.K. Hite that I intended to present this matter at this time, in case they wished to reply." Privilege of the Floor by Municipal Officials Rich DePaolo, Town of Ithaca Board Member, provided the following updates on the Town's planning initiatives and public work activities. Comprehensive Plan — the updates to the 1993 plan are proceeding, with the resident survey having been tabulated and analysis underway. Part of the Plan will be to look at areas for potential development. There will be a series of meetings with various neighborhood groups the last week in May and into June to allow further input. • Agriculture — a survey of agricultural areas within the town will be used to determine how to utilize them within the Town. • Marcellus Shale — a special committee is being formed to discuss the ramifications of gas drilling in Marcellus Shale. Mr. DePaolo expressed appreciation to the members of Tompkins County Council of Governments for the work they have done on this subject. • Planning Department — John Kantor, Town Planner, will be retiring at the end of 2010. Miscellaneous planning items include West Hill development and the potential problems posed by a full-scale build-up of the area, how to supplement present data with emergency services, quality -of -life issues, etc. At the present time it is thought the study would take a Generic Environmental Impact Statement (GEIS) approach. • Stream set -backs — the initiative should be complete within the next two months following the final comments and drafting restrictions in certain upstream areas. • Public Works — the department is looking at how to manage stormwater within the town and looking at piped drain versus ditches, etc. An area of particular concern is the Northeast portion of the Town. • Invasive Species — the Town is working on whether to train a staff member in proper application for chemicals to ward off invasive species versus contracting with a specialist. Mr. Shinagawa arrived at this time. • Infrastructure — Mr. DePaolo said the Forest Home Traffic Calming Plan construction would begin this summer. He also announced the Town received a $400,000 grant from NYSERDA for energy improvements in buildings. • Sustainability- the Town is considering accepting a grant from the Park Foundation to fund a new sustainability planner position. This position would be a collaboration with Dryden. Details are being considered as the award is only for a two-year period. 109 April 6, 2010 Mr. Proto asked how the agriculture survey would be used. Mr. DePaolo said it was to satisfy a portion of the Town's Comprehensive Plan on how to prioritize agriculture within the Town. He recommended Mr. Proto contact the Planning Department for additional information. Ms. Chock asked how the public meetings regarding development would occur. It was explained there would be ten meetings in May and June in various neighborhoods; it should provide input from all areas of the Town. Mr. Stein suggested the topic of invasive species be addressed by Tompkins County Council of Governments (TCCOG), noting it is an issue for all municipalities. Ms. Chock noted TCCOG heard a presentation on the Emerald Ash Borer at the last meeting. Ms. Kiefer said Mark Whitmore who presented the information is an Environmental Management Council Associate Member. She said there are many invasive species to be considered. Mr. DePaolo said the topic came up at the Town due to concerns from Cornell University about the swallow -wort species proximity to their unique species. Formerly, the Town's position was not to use pesticides, however, the landscape has changed. Ms. Robertson agreed to add the topic to the TCCOG agenda for discussion. Maria Coles, Common Council Member, expressed congratulations to the new members of the Legislature and made the following announcements: • Greater Ithaca Activities Center would be re -opening this summer and a celebration will be held. • Security within various City offices was put into place in response to the 2006 State mandate that all municipalities provide a secure workplace for employees. A committee was comprised of various department staff, City Attorney, and herself as the Common Council representative and a policy was written and approved in 2007. Within the process a consultant was hired to conduct an audit of city buildings and provide recommendations. Upon completion, many of the recommendations were easily addressed, however, both City Hall and the Greater Ithaca Activities Center required additional work to ensure employee safety. Mitigation in these areas included restriction of entry, appropriate lighting, cameras, etc., and the non -expensive recommendations were completed. Presently a discussion on the continued funding for this project is underway and a review of staff was conducted. Sixty percent of staff are pleased with the changes made to improve security. Ms. Coles said in light of the current tension relating to municipal officials' decisions and the attacks taking place it is necessary to ensure employees are in a safe working environment. • Dredging of the Cayuga Inlet is a project the City is undertaking to remove sediment in the flood control channels. She reported that at present sixty percent of the channels are filled with silt, which increases potential flooding by ten percent. The City received several million dollars to use for the project and is working with the US Army Corps of Engineers, New York State Department of Environmental Conservation, and the Canal Corporation. One item of concern is where to put the sediment (up to 470,000 cubic yards), which would require up to twenty acres of land. The City hired an analyst who has determined the sediment could be used for topsoil. At the present time the City is determining what is the best location to place sediment. It was also noted that Cayuga Inlet has the highest concentration of boat traffic in the country. Mr. Proto asked if the silt dam for the City Water system would have periodic cleaning. Ms. Coles said it is not part of the dredging issue. In response to Mr. Proto's question about the status of the City's Smoking Policy, Ms. Coles said it will be addressed at the April 7th Common Council Meeting. The plan calls for a good deal of the Commons to be designated as smoke-free. Ms. Herrera said she has had constituents inquire whether the dredging spoils would be placed on the City Golf Course. Ms. Coles said it is an option but is not popular. The project would be for ten 110 April 6, 2010 years; she believes the Southwest area is the preferred location for the spoils. The dried sediment could be used to assist in development in that area, perhaps for a berm. In response to Mrs. McBean-Clairborne's question, it was noted there will be additional public hearings on the Commons redesign including April 13th in the Borg Warner Room of the Public Library. Ms. Kiefer spoke about the City's position that flooding would be caused by the level of sediment, however, the Environmental Management Council does not believe that is accurate. She said it was reported the Canal Corporation would not pay for the additional cost to transport the sediment to the Southwest location and asked what the additional cost would be. Ms. Coles did not have that information at this time. She noted the City's stance regarding flooding due to sediment levels is from information from State authorities indicating the dredging would alleviate flooding. It was announced that the start time for Common Council meetings will be changing to 6 p.m. in May. Distinguished Youth Award Mr. Proto presented Meredith Lawhead of Ithaca with the March 2010 Tompkins County Distinguished Youth Award. She was nominated by her mother, Heather Swift, for her "profound love for her community through her perpetual and continual volunteer service...using her time and talents in numerous ways." Highlights from Meredith's community service in 2009 include: Learning Web summer volunteer program; DeWitt Middle School mentor to incoming sixth graders; DeWitt Middle School food pantry collection; Alternative Gift Fair volunteer; ongoing service with the Cancer Resource Center of the Finger Lakes; Greenstar Cooperative Market; Ithaca Dragon Boat Club; Finger Lakes International Dragon Boat Festival; Salvation Army bell ringer; member of the National Junior Honor Society and DeWitt Middle School honor roll. Meredith is also praised for loving care of her mother, family, and home after her mother's recent spinal surgery and "countless acts of service that are never recognized." Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, announced that James Hanson, who is the head of NASA, would be giving a lecture on April 19th regarding Climate Change. She then announced the Cornell University Veterinary School Incinerator will be permanently shut down by the end of April 7th Mrs. McBean-Clairborne, District No. 2 Legislator, expressed congratulations to Ms. Lawhead who formerly was a resident within her district. She announced the Ithaca Downtown Association will present its 2010 district plan at their annual meeting on April 12th at the Borg Warner Room of the Library. Ms. Pryor, District No. 6 Legislator, offered her congratulations to Ms. Lawhead. She then congratulated the Lansing Middle School Fifth Grade Thinking Cap Quiz Bowl Team for their first place in the Northeast Region Thinking Bowl Competition. Fourteen students participated answering questions in the area of math, geography, government, sports, spelling, science, literature, English, history, general information, and fun trivia. Mr. Stein, District No. 11 Legislator, responded to Mr. Hutchins comments under privilege of the floor and noted the paragraphs cited were confusing and perhaps it would be beneficial to have the right- of-way process more clearly defined. Ms. Robertson said Mr. Lampman would be making a report to the Facilities and Infrastructure Committee on the comments received. Ms. Kiefer said the language the consultant had provided is standard wording. Mr. Lane, District No. 14 Legislator, spoke of attending a panel discussion regarding the trouble in the New York State Senate. He said a variety of individuals spoke of the problems and he feels it is 111 April 6, 2010 important for residents to learn how the State Legislature works to bring about an awareness of the changes required. Mr. Lane announced the Annual Fireworks Show will be taking place at the Tompkins Cortland Community College. He is glad to see it continue and hopes there will be good attendance and hopes that TCAT transportation to the event would be considered. Ms. Mackesey, District No. 1 Legislator, said work is continuing on the State Legislation to restrict heavy truck traffic on local roads. At this time information is being reviewed by the New York State Department of Transportation. There are many trucking industry representatives stating displeasure at the proposal. She will be attending a Governor's Task Force on Regulations on April 12th and will provide an update at that time. Mr. Proto, District No. 7 Legislator, congratulated the Cornell University sports teams and noted their banquet was taking place this afternoon. He announced that the recognition for Vietnam Veterans this year is extended to include women in service. Mr. Robison, District No. 9 Legislator, attended a presentation at the Groton High School sponsored by the Tompkins County Youth Services regarding Adolescent Brain Development. He said it incorporated the voting tools presented by Youth Services to the Legislature several months ago and will also be presented to other area schools. He urged parents to attend the lecture; it provides an insight as to why adolescents act and respond in the manner they do. He commended the Youth Services Department and all involved for the development of the lecture. Mr. Burbank, District No. 12 Legislator, spoke of having attended the departmental orientations offered, stating it is a very positive experience to see how each department operates and thanked Ms. Younger for coordinating the schedules. On April 7th there will be an orientation at the departments housed in the Pubic Works facility on Bostwick Road. Presentation by the Emergency Response Department Mr. Shurtleff, Director of Assessment, provided a presentation to the Legislature concerning the operations provided by the Emergency Response Department. The Department employs 27.5 FTE, down 1.5 FTE from several years ago. Information on the number and types of calls his department dispatches were given and it was noted that the number of 911 calls has decreased. He attributes the reduction to the new communication systems allowing emergency responders to speak directly to one another; previously it was necessary to communicate through telephones. The increase in Emergency Management Services is thought to be partly due to the increased age of the population. Mr. Shurtleff said the department has achieved many accomplishments over the past seven years—including the County's new Public Safety Communications System and centralized dispatch through a new Emergency Response Center. Annual telephone volume last year was nearly 194,000, an average of 531 calls per day. Mr. Lane spoke of attending a meeting last week held at Tompkins Cortland Community College where Mr. Shurtleff and Ms. Nelson spoke of the importance of emergency management and the work done on emergency planning. She noted there had been a great deal of interest when the flood occurred in 1981, when no planning and support had been completed. The type of planning that is going on is helpful and needs to be kept up-to-date. In response to Mr. Stein's question on the reduced number of calls, Mr. Shurtleff said the former communication system had dead spots and required land -line calls; this has now been eliminated and radio contact is available county -wide. Ms. Chock asked if it is possible to categorize calls to the center. Mr. Shurtleff said prior to 2005 there was not a complete dispatch center. The overall calls started to decrease, however actual incidents requiring dispatch continues to increase two to three percent annually. It would be possible to obtain a sampling. 112 April 6, 2010 Mr. Burbank spoke of his visit to the Emergency Response Center including the secure area where the 911 operators work; they were able to calmly get the information and locate areas of calls. He said the County is very fortunate to have a system that works so well. Mr. Proto asked if there would be an analysis of the types of calls received to determine other areas that may require attention. Mr. Shurtleff said it would require additional questions to determine the extent of an emergency and what equipment must be sent. Beth Harrington in his office reviews calls and is providing further analysis that will be taken to other agencies. Chair's Report Ms. Robertson announced the retreat -planning group will meet on April 7th at 5:00 p.m. She placed copies of a written statement she prepared to send to the Environmental Protection Agency regarding the study of hydrofracking in Legislators folders. This document indicates the County is an interested stakeholder and she would like to have agreement by as many Legislators as possible. Report from the Deputy County Administrator Ms. Younger reported she had sent an e-mail indicating changes to the department orientation schedule. She announced that on March 26th the formal response to the Google Ultra High -Speed Broadband Technology request was sent. She thanked members of Tompkins County Council of Governments, Cornell University professors and staff, Deb Grantham, and Ken Schlather for assistance with this response. In response to Ms. Mackesey's question regarding letters of support, Ms. Younger said she has a handout for Legislators with an address to the web blog providing the opportunity to submit letters of support. She also noted that Google has a comment section on their site as well. She further clarified the entire document was an online application and no hard copy is available. Mr. Lane thanked Ms. Younger for her efforts regarding the response and said the application process brought together many talented people. Report from the County Administrator Mr. Mareane thanked everyone for participating in the retreat and the work involved to help make quality decisions. Over the next several weeks a model for the budget will be prepared. He then reported on his meetings in Albany relating to the Health Care Consortium financials, specifically what the required reserves should be. The State Insurance Department has indicated reserves need to be at a higher level than the Consortium believes is necessary. Discussions included suggestions of how the municipalities could satisfy the reserve requirement, without a large outlay of cash, through surety bonding. He is hopeful that there will be closure to the financial aspect, leaving only the labor representation question to be resolved. Ms. Robertson and Mr. Mareane expressed appreciation to Mr. Barber, Chair of the Tompkins County Council of Governments for the time and effort he has put forth in this initiative. Mr. Shinagawa asked if the County is required to have more of a reserve than private insurers. Mr. Mareane said Article 47 gives the appearance of private -insurer, requiring a twenty-five percent reserve; this has been negotiated to a seventeen percent reserve. Mr. Shinagawa said insurance companies lobbied for the larger reserve to reduce competition. Mr. Mareane pointed out that the County is breaking new ground, negotiating on the behalf of others in the State, and uncovering stumbling blocks. Mr. Proto asked how the State budget delays would affect the County and agencies. Mr. Mareane said he will have to evaluate the affect to a certain level but will not have detail. Mr. Proto noted that the 113 April 6, 2010 Human Services Coalition has said the longer the State budget approval process takes, the more agencies will experience difficulties. Recess Chair Robertson declared a recess at 7:30 p.m. The meeting reconvened at 7:39 p.m. Report from the County Attorney Mr. Wood requested an executive session later in the meeting to discuss litigation. Report from the Finance Director Mr. Squires provided Legislators with a listing of properties exposed to foreclosure, four of which are abandoned structures. He was surprised that unlike his previous experiences he has not had any response to his outreach. The auction on foreclosed properties will take place on June 15th Resolution(s) to be Added to the Agenda There were no resolutions to add to the agenda. Resolution(s) to be Withdrawn from the Agenda Ms. Robertson granted permission to the appropriate committee chair to withdraw the resolution entitled "Authorization to Enter into an Agreement with the Greater Tompkins County Municipal Health Insurance Consortium for New York State Shared Municipal Services Program (ID # 1889)". Approval of Resolution(s) Under the Consent Agenda There were no resolutions under the Consent Agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Air Service Board Anthony W. Hopson — At -large representative; term expires December 31, 2011 Environmental Management Council Eric Van Every — Town of Lansing representative; term expires December 31, 2010 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee will meet April 7th Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, asked Legislators to take posters and informational material for distribution in their districts. April 1St was "Census Day", with municipalities calling attention by handing out promotional material and providing information when necessary. At this time, census workers are making phone calls to Tompkins County residents, starting with individuals with post office boxes and continuing into the City of Ithaca. A special event, March to the Mailbox, will take place on April 10th outside of Collegetown Bagels in Collegetown. There will be a DJ, along with promotional tee shirts, 114 April 6, 2010 caps, and other items. Ms. Mackesey said the county's overall response rate to date stands at 65%, higher than both New York State and national participation rates. The village of Freeville has the highest rate, at 77%, and the Collegetown area of the City stands at 33%. The Census will send enumerators to Collegetown beginning April 24. Ms. Herrera said the online participation map provides a great deal of interesting information. She noticed the downtown core has a low participation rate and asked what is being done to improve participation. Ms. Mackesey said the telephone calls are now being made within the City area and local agencies are also assisting in asking residents to complete and mail in the forms. Mr. Lane said residents who use post office boxes would not receive the forms in the mail. Initially the Census Committee had been told they could not work with post offices, however, staff at a Question and Answer Center (QAC) started communicating with the local post offices who are willing to help by having census forms available. Mr. Stein asked when the County would know what the final census count is. He was informed that it would most likely not happen until the end of the year. Ms. Chock commended Ms. Mackesey for her leadership with the 2010 Census. She urged residents to complete and return their form by no later than April 16th and encouraged all municipalities to continue to stress how important the census information is to their residents. Mrs. McBean-Clairborne said some African-Americans and members of other minority communities may be choosing not to fill out their forms as protest of race and ethnicity designations they find offensive. She said it is especially important that the traditionally undercounted populations fill out the forms and register any concerns in other ways, such as online sites like colorofchange.org. Ms. Herrera appreciated Mrs. McBean-Clairborne addressing this issue and said some individuals are writing in their preferred ethnicity in the box marked "Other". She said the census forms are not current with diversity; the way to change it is by filling out the form and mailing it in. In response to Mr. Burbank's questions, Ms. Mackesey said lost forms could be replaced by going to one of the `Be Counted" or QAC sites and that the participation rates shown on the online map are amended daily at 4:00 p.m. Ms. Mackesey said Mr. Sutherland of Administration has been a valuable asset to her; he has been ingenious and inventive and has helped to overcome barriers when necessary. Report from the Budget and Capital Committee Ms. Luz Herrera, Vice Chair, did not have a report. The Committee will meet on April 121h at 3:30 p.m. Report from the Public Safety Committee Mr. Shinagawa, Chair, reported the Committee met April 5th and included a report on emergency plans related to hazards at older housing. An evaluation had taken place in 2003-2004 by the County and other municipalities. This study included flood, utility failures, and other areas including terrorist attacks. Ms. Buechel, Probation Director, spoke of Leandra's Law and the potential affects on the County. This law requires the installation of ignition -interlock systems on vehicles belonging to persons sentenced for any DWI offense. Although their license may be suspended, it is required to have the unit put on any vehicles they may own. The cost of each unit is $1,200 and there are approximately 300 cases that would apply, many being indigent populations. 115 April 6, 2010 Mr. Shinagawa said Ms. Bodnar provided information on savings the Alternatives -to - Incarceration Program yielded through reduced jail days and costs associated with the program. The study estimates the three ATI programs' net cost to the county at just under $250,000 (from 2004 - September 2009 for the two drug courts and from June 2006 -September 2009 for Day Reporting), coupled with estimated economic benefit of more than $4.8 million from increased employment, education, and reduced public assistance resulting from participants in these programs. It also cites other positive outcomes for participants resulting from reduced substance abuse, outcomes that cannot be measured in dollar values such as individuals receiving their GED, pregnant women whose babies are not affected by a drug addiction. The evaluation also finds that costs of the Ithaca Community Treatment Court "decreased substantially" during the past three years, with a new judge overseeing the court and involvement of the current district attorney. Ms. Robertson noted that when Ms. Wilkinson became District Attorney and with Judge Rossiter sitting on the bench the costs have gone down and the benefits increased. Ms. Chock asked if the study took into consideration extended -family cost savings. Mr. Shinagawa said it had not and it may be beneficial to review this area. Mr. Stein said it is difficult to look at the total economic benefits, i.e., if a job had not been taken by an individual in the program it would have been taken by someone else. In addition, he noted Judge Rossiter said that participants in the programs would not have been making purchases or paying taxes; the program allows them to work and do this. Mr. Stein said a limited question is to ask how much does it cost as a county government and the obligations we have to pay. He found it a complicated presentation that concludes drug court does not cost the County anything. The County would have had to pay for board -outs and counselors, making it almost a wash. He said if the Legislature were to decide not to have an Alternatives -to -Incarceration program it would not save the County anything. As noted by Mr. Shinagawa, if a participant does not take a job someone else would, which eliminates an additional benefit from the program; however, it is difficult to say what a safe life is worth. Although it is worth something, it is difficult to put an actual figure to it. Mr. Shinagawa said Ms. Bodnar's report included information from other government accountability reports on the success. Mr. Proto asked if the question of recidivism was answered. Mr. Stein said the report only addressed the financial aspect. Mr. Proto then asked if the report showed how the Drug Court is funded, and Mr. Stein said it did not. It outlined the cost of running the Drug Court and that the cost to keep individuals out of jail was equal to that amount. Mr. Proto asked whether all issues he raised in the past have been explored, and requested the report be circulated to all Legislators. Ms. Robertson noted the Probation Department would be looking at recidivism in May or June. Ms. Robertson said the Probation Department, Justice Center, and Judges are using Ms. Bodnar's report in considering how to improve the Alternatives -to -Incarceration programs and generated a number of ideas to enhance results. Two other areas that need to be evaluated are what happens to individuals leaving the county jail and the cost to build a new jail. The program has assisted in having a relatively low population in jail. The previous jail study indicated a cost of $20 million to build a new jail 4-5 years ago, however, this amount does not include the expenses associated with increased staff. Mr. Stein said he believes the cost should not be compared solely to the building of a new jail, there is the option of boarding -out prisoners. Ms. Robertson said the annual cost for a $20 million jail would equate to 52 board -outs each day for one year. Mr. Robison said the report is not a final determination and the comparison would be ongoing. 116 April 6, 2010 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, expressed appreciation for the time Ms. Bodnar put into the report. With regard to diversity and inclusion, she said it is interesting to see numbers in terms of race and socio-economic class and she is interested in the comments made regarding the drug court and why so many more white participants are successful. She said the response reflected the population of the County. Mrs. McBean-Clairborne said the population of the County does not necessarily reflect the population of the incarcerated and the population of the people who end up in the criminal justice system, they are very different. She said there is a great deal more work needed to assist those indigent and struggling to make ends meet. When the ignition interlock was discussed she shuddered that not only would individuals lose their license but be required to pay up to $1,200 for the interlock system. She would like to see a study of the ethnicity, race, class, and socio-economic conditions of the individuals who would be required to pay under this law. Mrs. McBean-Clairborne said the Budget and Capital Committee members received a workforce utilization report monthly and noted that of 744 employees in the County, 39 are [self] identified as minorities. The next meeting of the Committee will be on April 28th. She announced an upcoming training series "A Business Case for Diversity" to be held on April 15, 2010, at TC3 Tioga Place. She hopes that what is being taught and encouraged is translated to how we do business in the County. Mrs. McBean-Clairborne said the P&C grocery store on Hancock Street is closing on April 18th This is a grocery store in a community surrounded by public housing who may not have transportation to get to grocery stores located in other areas. She stressed the need to advocate to keep a store in the area and encouraged Legislators to make their voices heard. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet on April 14th. He said the Civil War Commission and County Historian are initiating a preliminary program to provide scholarships for nurses. The scholarships would tie to the history program of women serving in the war between the states. He said Tompkins Cortland Community College is one of the most successful in training nurses that serve throughout the country. Mr. Proto announced the rabies season has begun and that hikers should also follow protocol to protect themselves from deer ticks. Mrs. McBean-Clairborne announced the process to interview a new Public Health Director has begun. In addition she announced Heather Swift, mother of the Distinguished Youth Award recipient, and Diane Bradac of Workforce NY are both being recognized as one of the "Twenty Women You Should Know" at the May 6th Women's Expo. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee met on April 1st at the Ithaca Tompkins Regional Airport and heard a report on the Airport operations. This report will be given to the full Legislature on April 20th. The Committee was informed that Public Works Administrator, Cheryl Nelson, is retiring on April 10th after 35 years of service with the County. Ms. Nelson will return to the County on a part-time basis to assist with the transition of her duties. The Highway Division presented a 2010 seasonal work plan and reported the cost of blacktop is up $2 per ton within a month. The increase in asphalt is the result of current refinery process. The Governor's freeze on construction makes projects difficult to plan. There is $2 million 2010 budget but less than $1 million available. The Committee had a brief discussion regarding the Hanshaw Road reconstruction project, noting landowners felt it necessary to speak at the public hearing to retain their 117 April 6, 2010 legal rights in the event of an eminent domain proceeding. She noted that not all property owners commented. The Committee was informed that the State would not accept the present design report as final for the Red Mill Bridge project, however, a simplified design may be acceptable as part of closing this project. The Solid Waste Division provided their first presentation regarding the capital project to convert the Recycling and Solid Waste Center to single -stream recycling. Of the six proposals received it was determined five were considered. There will be a special meeting, in executive session to discuss the proposals and negotiations. All Legislators will be invited to attend. The Solid Waste Division will be partnering with Tompkins Trust Company for Earth Day, which will hold a "Shredding Day" at its East Hill Plaza location. Ms. Kiefer announced there will be another Public Works open house on April 14111 for those unable to make the tour on April 8th In response to Mr. Proto's question, Ms. Kiefer said the Governor's holding of construction funds is only the State portion of projects; Federally funded stimulus projects are continuing. RESOLUTION NO. 49 - AUTHORIZING ACCEPTANCE OF SUPPLEMENTAL GRANT AGREEMENT (NO. 2 - SCHEDULES A-4, A-5 & A-6) TO THE MASTER AGREEMENT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) FOR PROJECT IDENTIFICATION NUMBERS (PIN) 3902.15, 3902.16, AND 3902.17 (K006848) - ITHACA TOMPKINS REGIONAL AIRPORT It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $31,794.00 being fifty percent (50.0%) of the non -Federal share for the following projects: - Purchase Snow Removal Equipment (24 ft. Snow Plow) - Perform (Green) Airport Master Plan Update - Perform On -Airport Obstruction Removal (Approx. 14 Acres +/-); Purchase Snow Removal Equipment (Multi -Purpose Vehicle-Snowplow/Blower/Loader); Perform Engineering Design for a Sand Storage Building; Purchase De -Icing Equipment , and WHEREAS, said grant may be increased by up to fifteen percent (15.0%) to $36,563.10 in the event of there being increases in eligible costs, and WHEREAS, the County has already accepted Federal Administration Aviation (FAA) grants that cover ninety-five percent (95.0%) of the above-named equipment and projects' costs, and WHEREAS, the equivalent local share of $31,794.00 has been factored into the 2010 airport budget and will be paid for through airlines fees, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT Supplemental Grant Agreement (No. 2 - Schedules A-4, A-5 & A-6) be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 Report from the Capital Plan Review Committee 1ts April 6, 2010 Ms. Robertson, Chair, said the Committee will meet on April 8"'. She said Committee members received a copy of the 2005 Space Use Master Plan for review. In response to a question from Ms. Herrera, she noted the County's Office Space Standards policy that outlines preferred size of work areas is available online in the Administrative Manual. Report from the Government Operations Committee Mr. Lane, Chair, said the Committee met on March 18"' and heard about the Google broadband request. He reported the County was contacted by the Perry City Quakers who questioned their real property assessment for the year 2007. As a result of the inquiry and subsequent review, the assessment roll is being corrected to reflect the error and the property owners will be receiving a refund. Although it is a small amount, he is pleased to see the County take responsibility. The Committee had discussions regarding the Health Care Consortium resolution that was withdrawn. The Committee is aware of the question of union representation on the Consortium but would like to move the process forward. He said at future meetings discussions will include the broadband initiative, long-term planning, and committee goals. Ms. Herrera said the leadership of the local CSEA union has been more than cooperative in finding a way to save money and maintain the level of health care benefits. She believes the State Insurance Department needs to help clarify the concerns. Ms. Kiefer announced that Legislators would be receiving information from the Solid Waste Division on their upcoming meetings relating to the facility upgrades. Minutes of March 16, 2010 It as MOVED by Mr. Burbank, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the minutes of March 16, 2010, as presented. Recess Ms. Robertson declared a recess from 8:53 p.m. The meeting reconvened at 9:00 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss litigation. An executive session was held at 9:00 p.m. and returned to open session at 9:18 p.m. Adjournment On motion the meeting adjourned at 9:18 p.m. 119 April 20, 2010 Regular Meeting Call to Order Ms. Robertson 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 Stein arrived at 5:32 p.m.). Announcement of Executive Session Ms. Robertson requested an executive session be held later in the meeting to discuss litigation and real estate negotiations. Mr. Stein arrived at this time. Privilege of the Floor by the Public Kathy Schlather, Human Services Coalition Director, reported the Coalition has started its budget process and extended an invitation to agencies to speak to the Legislature during privilege of the floor at upcoming meetings. At this time, she introduced Chris Sanchirico of Catholic Charities. Chris Sanchirico, Catholic Charities, submitted the following statement: "Thank you for your continued funding of our work at Catholic Charities. We appreciate your understanding of our mission to reduce poverty by building a caring community We are committed to providing services to the most vulnerable, and remain a resort of last resource for hundreds of county residents who must struggle to make ends meet. "You fund two of our most important projects, the Samaritan Center, and the Immigrant Services Program. "The Samaritan Center provides short-term emergency financial assistance, personal care products, and free clothing to over 1000 Tompkins County families each year. We also provide facilitated enrollment for food stamps, and on-site enrollment for Child Health Plus/Family Health Plus. "In the past year the Samaritan Center has experienced an over 30% increase in requests for personal care products. In 2009 we provided assistance to over 1300 families. In 2010 our clothing closet is averaging 100 new households per month. Short term emergency assistance, not counting the Homelessness Prevention Program, has increased 35% since last year, and food stamp eligibility screening has seen a staggering 111% increase over last year. Many of our new participants have not "been in the system" and have many issues and challenges in addition to their presenting problem. They need guidance, reassurance, and often, referrals to other services. "In the course of developing our Immigrant Services Program (ISP) it has become clear that there is a gap in services in our community, since low-income immigrants cannot afford the high costs of retaining immigration attorneys. We are working towards becoming accredited by the Board of Immigration Appeals so that our ISP Director can act as a legal advocate and offer skilled legal assistance to immigrants in our community, to keep their families together, gain protection from persecution and 120 April 20, 2010 domestic violence, attain residency and work authorization, and become naturalized as U.S. citizens. This would provide a unique service to our community that would greatly benefit the immigrants residing here. "County funding for both of these programs is critical if we are to continue to offer our essential services in times of need. We are a very lean organization and are committed to controlling our expenses. We leverage county funding with volunteer labor and with grants and contracts that build on your support. In 2009, your $45,000 for the Samaritan Center helped to leverage about $70,000, including FEMA funding for emergency utility payments, IURA/CDBG for security deposits, and a generous United Way grant for personal care products. Grants like these rarely include funding for the staff needed to implement the programs. They provide funding that goes directly to people in need. Without county funding to maintain our staff and infrastructure, all of these funds would have to be passed by. "Funding for a program like the Samaritan Center should not be cut during times of economic distress. In 2010, our county funding for the Samaritan Center and ISP was cut by over 15%, during an economic downturn when an increase, or at least flat funding, would have been much more appropriate, and frankly, quite necessary. At the same time, demand for Samaritan Center services grew by 35%. We are now receiving over 900 calls each month from Tompkins County residents in crisis. The homelessness prevention funding that we received assisted 450 families, many of whom are now regularly utilizing our Samaritan Center clothing closet and personal care product program. "The ISP program has received start-up CDBG funds from the IURA since 2006, but that funding comes to an end in fall of 2011. County funding will be essential if these services are to remain in our community Given that over 12% of Ithaca's population was foreign born according to the 2000 census, and most likely will be higher in the 2010 census, we feel the level and scope of our services is providing an incredible value to our community "Thank you again for your support. Please look over our new newsletter, and let me know if you have questions about our work." Bernie Hutchens, 1016 Hanshaw Road, submitted the following statement: "There has been some apparent astonishment, on the part of this Legislature, with regard to the intensity of the uprising against the Hanshaw Road project. We can understand this in terms of a "perfect storm", which here has five elements. "The first element is the Coddington Road court decision that returned power to the property owners. It told the county that they could not claim right-of-way based on sundry third -party documents. Rather they had to show their own deeds - or else rely solely on ownership by use. "The impact of this decision has been understood, but apparently not implemented by the County. "The second element was the change in the notifications requirements of the Eminent Domain Procedures law. The March 16 hearing had active participation, and was memorable. But members of this legislature might be hard pressed to recall the previous five such hearing. This is because they averaged only 30 seconds each. Nothing was said, and in consequence, the ability to challenge a taking (being limited to issues, facts, and objections presented at the hearing), was zero. When we are notified, we show up. "A third, extremely important element is the fact that the project; in its oversized footprint, in its neglect of safety issues, and its inclusion of sidewalks (the cause of the Right -of -Way problems), is extremely unattractive to the impacted residents. This has been true since 2005, although somewhat hidden from you by the staff. 121 April 20, 2010 "A neighborhood petition of 2005 was 94% against most aspects of the project. This petition to the Town was claimed to be unobtainable. (I was recently able to get it in just a couple of hours.) "At two Town Board meetings, one in 2005, 14 of 14 residents spoke against the project, as did 8 of 11 residents at a 2006 meeting. "Incidentally, at the 2006 meeting, the Town infamously rescinded a previous resolution giving the Hanshaw Road owners a right to vote on sidewalks. The Town's actions were not the sort of thing on which good will is built. "In the County's own 2007 Final Design Report, which this Legislature examined and approved, there is clear evidence of 80% opposition to the sidewalks and the overall plan. Finally, there was the March 16 hearing, and the subsequent flood of written comments. "I cannot emphasize enough, that the overall unattractiveness of this project must be understood, and addressed. "Element 4 is the importation of out-of-town consultants and their ham-fisted, although cordial, approach to the property owners. The "one -offer system" of negotiations that I mentioned at the last meeting here, is typical of this abuse. Contrary to what Ms. Kiefer said, that wording is not standard under eminent domain law, nor is it in the NYS DOT manual. "Element 5 is our neighborhood. I am proud of our neighbors; their character, their intelligence, their hard work, and their accomplishments. Like most Ithaca neighborhoods, we have professors, engineers, authors, private business owners, and many others of notable endeavor. They did not get where they are by NOT thinking for themselves. "You sometimes ask our views — pro forma — but our good -faith responses are subsequently, in one ear, and out the other. You never kindle trust of government, even at this local level. You never invite us to sit down and talk. "But when we do have the opportunity to speak, and to act, we do, and we will. "And that explains March 16th." Carlos Gutieriez, Latino Civic Association of Tompkins County and Human Rights Coalition, said that prior to Senator Edward Kennedy's death, Senator Schumer promised to bring forward a resolution on immigration reform; President Obama also promised "a change for America" Immigrant communities are being used as scapegoats; children and families are being terrorized by immigration and law enforcement with massive round -ups. The immigrant community is made up of hard-working people and paid below minimum wage, and not being paid overtime. It is time to put a stop to these practices and he urged the Legislature to support the resolution on the agenda entitled Resolution Urging the U.S. Congress to Enact Comprehensive Immigration Reform. He extended an invitation to Legislators to attend a rally on May 1 at 3 p.m. in support of comprehensive immigration reform. Ute Ritz-Deutch, Tompkins County Immigrant Rights Coalition and Coordinator of the Ithaca Chapter of Amnesty International, spoke of the existing immigration system and the importance to take a stand on human rights and civil rights. She referenced the legislation passed in Arizona and said it is the worst yet this country has seen; it would compel law enforcement to detain people on site if they cannot provide immigration papers; it is important to take a stand and not let this happen. She urged the Legislature to send a strong and clear message to State representatives and to the President to do the right thing. 122 April 20, 2010 Laurie Konwinski, Cascadilla Street, Coordinator of Justice and Peace and Ministry for Catholic Charities and Member of the Tompkins County Immigrant Coalition, also spoke in support of the resolution entitled Resolution Urging the U.S. Congress to Enact Comprehensive Immigration Reform. This is an economic issue for Tompkins County and also a moral issue about human dignity and better treatment of people coming into the United States looking for a better life. Ten percent of the population in Tompkins County is immigrant and their labor is essential for the economy. The current immigrant system is destroying ability to run farms. The labor of immigrants is essential to local, state, and national economy. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, brought to the attention of the Legislature the potential New York State Electric and Gas (NYSEG) rate increases. He has written again to the Public Service Commission (PSC) about the proposed electric and gas increases; however, he has not received an answer. There are several public hearings scheduled across the State; the closest is April 18 in Binghamton at which he will be speaking. Mr. Proto reminded Legislators that Memorial Day is approaching. Flags for cemeteries have been ordered; the County purchases the flags and provides them to local VFW's. If anyone knows of any local VFW looking for flags let him know. Lastly, Mr. Proto spoke of a presentation given on gas drilling at the Water Resources Council meeting provided by Mark Lovegreen from Tioga County. He suggested that the presentation also be given to the Legislature. He reported the vote on the Ithaca City School District budget would be on May 18th. It contains a proposed increase of slightly over 4.5% at this time. In addition to filling three openings on the School Board there are two propositions on the ballot. Ms. Chock, District No. 3 Legislator, reinforced Mr. Proto's request that Mike Lovegreen from Bradford County be invited to speak to this Legislature on gas drilling. She received a call today about Cornell University's discussion about leasing of Cornell lands for gas drilling; a hearing will be held April 22nd to comment on their process. Ms. Mackesey, District No. 1 Legislator, reported on a meeting held at the Department of Transportation (DOT) of the Task Force set up by the Governor including representatives from the trucking industry and communities, to talk about the proposed regulations. She thought the meeting was going to be about implementing the regulations, but the DOT said it had no intention to implement the regulations. A month ago she received reassurance from DOT that the regulations were going to go into effect this summer She spoke with Senator Schumer's office and they had no indication this was going to happen. It appears someone "pulled the plug" but she doesn't know who or how it happened. The Upstate coalition will meet tomorrow to discuss what the next move will be. This is a tremendous setback but they are not going to give up. Mr. Dennis, District No. 15 Legislator, thanked the Legislature for the card recently sent to him. Ms. Kiefer, District No. 10 Legislator, said she heard a presentation from James Hanson concerning "Global Climate Change, What Must We Do Next?". He was calm, factual, and gentlemanly, but the content of his remarks was grim. He noted that once tipping points are passed, the dynamics of climate will not be reversible by human action. She also reminded Legislators of the deadline for filing financial disclosure forms is due May 15th. Mr. Lane, District No. 14 Legislator, commented on the State budget still not being adopted and said counties, school districts, etc., are waiting to see what is going to happen. He believes it is time the State Legislature changes and that there be a constitutional convention. On April 21St, the Dryden Historical Society will have a presentation at the Southworth Library concerning its connection with Abraham Lincoln. The new addition to the Library will be called the Lincoln Center. 123 April 20, 2010 Ms. Robertson, District No. 13 Legislator, reported on a small focus -group meeting concerning the search for the Ithaca City School District Superintendent's position. Two meetings have been scheduled in the Towns of Caroline and Enfield. She also commented on the passing of the much -loved and respected heroine of Civil Rights, Dorothy Height, this morning at the age of 98. Special Presentation — Overview of Airport Operations Bob Nicholas, Airport Manager, provided an overview of the Airport and its operation. He shared overhead slides of the runway and Airport buildings. There are three major airlines: US Airways, Continental, and Delta. The four hubs Tompkins County connects to are LaGuardia, Newark, Philadelphia, and Detroit. He commented on the air traffic control tower and said it is run under a private contract between the Federal Aviation Administration (FAA) and Midwest ATC Service. Having a private company run the tower instead of the FAA cuts the costs roughly in half. The Airport, owned by Tompkins County, was purchased from Cornell in 1956. He spoke briefly about the Air Service Board and said it has played a tremendously important role in getting the Airport where it is today. The annual Airport budget is approximately $2.5 million and has been completely self-supporting for over 20 years. There are over 260 employed at the Airport and almost half a million dollars is generated in sales tax every year. Over $12 million is spent on local goods and services and $35 million is generated annually in economic activity. Enplanements Since 2006, there has been a steady increase in passenger boardings. In 2009, it reached almost 110,000, the third highest total in the Airport's history. Airfares Upon the arrival of Continental Airlines in October 2008, it added competition among the three carriers and brought airfares down dramatically across the board. In April, Ithaca had the lowest airfare in 9 of the 12 markets. Green Master Plan Mr. Nicholas said the Airport is currently in the middle of developing a Green or Sustainable Master Plan that will determine what the need is over the next 20 years and guide development. Chair's Report Ms. Robertson said the Gas Drilling Task Force of the Tompkins County Council of Governments held its first meeting last Friday. The Task Force consists of municipal officials and anticipates there will be six subcommittees set up. This Task Force is a way to coordinate efforts on road ordinances, legislation, and sharing of information among municipalities. On April 28 and May 4 she will be traveling to Albany to meet with Pete Grannis of the DEC and others to discuss gas drilling. Ms. Robertson reported that yesterday there was a meeting for municipal officials regarding gas drilling with Dusty Horwitt from the Environmental Working group. He suggested that officials should begin going to Washington. Report from County Administrator Mr. Mareane, reported the budget retreat for Legislators will be held at 6 p.m. on April 27 at TCAT. After the last Department Head/Legislature Retreat, a workgroup was established to discuss a long-term financial projection and some different approaches to focus on programs and the impacts. The workgroup consisted of 16 Department Heads and Legislators. Two meetings have been held and he said 124 April 20, 2010 an e-mail was recently sent out that laid out the consensus reached by the group. The forms to be used by the Departments will be distributed in the next couple of days. This will be the year to make very hard, high-quality decisions. Mr. Mareane reported the Health Director search committee has narrowed the applicants to six individuals who they will begin interviewing. He provided a brief update on two other searches that are in the earlier stages of development: Youth Services Director and Supervising Attorney for the Assigned Counsel Program. He reported on Leandra's Law that requires anyone convicted of a misdemeanor or felony DWI to install in their vehicle(s) an ignition interlock system. There are some people who will not be able to afford the $1,200 charge for the device. He attended a webinar yesterday and was told that counties will not be held responsible for that cost and was also told there will be some relief for the administrative burden. Lastly, he said he does not have a progress report on the Health Benefits Consortium. There continue to be issues with the adequacy of reserves and labor representation. He hopes to have an update for the next meeting. Report from County Attorney Mr. Wood said he requested an executive session earlier via Ms. Robertson, to discuss litigation. Mr. Wood then addressed comments made by Mr. Hutchens under Privilege of the Floor. As Mr. Hutchins pointed out, for many years the County held eminent domain proceedings on road takings and no one ever showed up at the hearings. A few years ago, New York State made two major changes to the eminent -domain procedures law. One changes the publishing of the meeting and now requires personally serving each resident that may be affected. The second change is the requirement for warning these residents that if they do not come to the hearing and raise any objections they lose the power to raise any objections in any future eminent domain proceedings. Report from the Finance Director Mr. Squires distributed the first-quarter sales tax information; it is positive as more money was credited to the budget for the first three months this year than last year by about 1.5%. The allocation of activity within the City is up substantially greater than outside the City. The sales tax report shows the City as being up almost 10% and towns down about 5%, resulting in the County's amount being up 1%. For budget purposes, the County is about $100,000 below budget for the first quarter. Presentation by County Staff Cheryl Nelson, Public Works Administrator, provided the following report from the Sustainability Team: "Thank you for the opportunity to speak with you tonight and update you on the outstanding work being done by the county's sustainability team. The charge that created this team states that a report is to be given to the Legislature, annually, by Earth Day. Since Earth Day is on 4/22, I made here just in time. "As a reminder for veteran legislators and as information for the "newbys", our team has been in business for several years now. It is comprised of county employees who took on the task of being a team member on top of their all ready full workload. Neither additional funds nor personnel were committed for this purpose. Instead of being seen as something added to doing business, sustainable practices and products are now seen as a regular part of doing business. 125 April 20, 2010 "I am honored to have served as Chair of the team since it's inception. Each year, the team develops goals and objectives. A copy of the 2009 Accomplishments and 2010 Goals is available to you so you can see more details on our successes and I hope that you take the time to read it. However, there are some items both new and ongoing that are particularly noteworthy and fall into three main categories: o The first categQry is Environmentally Preferred Procurement and this has been a particularly active and interesting topic area o Probably the largest single improvement made by Tompkins County in this area is changing to purchasing copier paper that is 30%, 50%, or 100% recycled content. Purchasing virgin content paper is no longer an option unless it is by special request for a specific purpose and it is proven that the recycled content paper would not serve the need. o Through assistance from the Solid Waste Management Division, all county departments were given samples of preferred products to test and asked to provide feedback on their use. Lisa Jehu, the county's single purchasing agent, is ever vigilant in seeking preferred products and communicating with departments reminding them of "greener" options. o The first Green Vendor Fair, sponsored by the county's EPP sub -committee, was held in October and was a rousing success. A diverse vendor group drew a steady stream of county employees and others to the fair. It is something that may be considered again in the future. Nicole Stumpf chairs this team and does a yeoman's job challenging all to expand the use of environmentally friendlier products o The Finger Lakes Environmentally Preferred Procurement Consortium (FLEPPC) continues to reach out to municipal and community members to find ways to purchase friendlier products at a lower price and overcome hurdles that impede the joint -purchasing process. This group chaired by Kat McCarthy, networks with other consortiums and continues to research information that is applicable and beneficial to the group's mission. A logo has recently been approved to help depict the group's mission and purpose. o The Environmentally Preferred Procurement Resource Guide is a source of information on environmentally preferred products. This guide is shared across the community and is available electronically. o Lisa Jehu and County Purchasing has been recognized by the State Electronic Challenge for environmental accomplishments in purchasing during 2009. o The second category receiving a lot of focus as been in Greening the Fleets o A county Green Fleet Policy was developed by a team of department stakeholders and approved by the Legislature last fall. This policy was shared with the City of Ithaca and referenced as a model they used in developing their policy. o The Alternative Fuels Consortium came together initially for the purpose of getting biodiesel available for use in municipal and public fleets in the county. It was, indeed, successful in getting biodiesel here in April of last year. The consortium opted to continue to collaboratively discuss and evaluate alternative fuels such as compressed natural gas, propane, and electric applications. Vendors are invited in to give presentations on items of interest. This has proven to be a very valuable and efficient way of networking and researching information. 126 April 20, 2010 o Tompkins County became a member of the Clean Cities Coalition. This organization and its central NY coordinator, Barry Can, have been great sources of information on grant opportunities, alternative fuels, and opportunities for networking. o Reducing Green House gas emissions and making county -owned facilities more sustainable and efficient has been a focus area for many years and is the third category of interest o The Health Department's new home at 55 Brown Rd. is the county's first LEED certified building project. Silver status seems achievable. Move -in is projected for late June. o The administrative policy entitled Facilities Management and Workplace Environment that you recently approved addresses many items including thermostat settings, energy reductions, and use of appliances in county buildings. o County -owned and maintained facilities are cleaned with environmentally preferred products. Barbara O'Brien, Cleaning Supervisor, has been and continues to be a leader in researching and testing products and equipment to find ones that work most effectively and efficiently. o Every county department has gone through a waste assessment thanks to the Solid Waste Management staff. Alternative ways of reducing waste including increasing recycling, rebuying, and composting have been implemented. Each department has a waste reduction representative who serves as the point of contact for all things related to reducing waste. This also includes a listserve where departments advertise unwanted items to other departments at no cost — a true win-win situation that helps to save tax dollars. o Our own Ithaca -Tompkins Regional Airport is the first airport in the country to get FAA approval to develop a "green" 20 -year master plan. This truly is setting the benchmark for all other airports for their future planning. This process is being aided with the involvement of an advisory board comprised of many local sustainability veterans. o Tompkins County entered into an energy performance contract with Johnson Controls a few years ago. This involved a process of auditing county -owned buildings and developing a list of energy related improvements needed and the associated payback. This information serves as a planning tool for scheduling energy modifications to county buildings. Annual reports show that results are slightly exceeding expectations. Arel LeMaro, Facilities Director, is responsible for the oversight of this program. "For 2010 and beyond, these goals will continue to be monitored and improved upon as well as other initiatives being undertaken when identified to keep the county organization leading the way and moving positively and responsibly into the future. Ongoing employee education and communication coupled with seeking green alternative products at prices that budgets can bear in this economic time are challenges with which we will continue to grapple. Although appealing and applicable, some alternative products come with higher price tags. Through our consortiums we will try to create a larger demand to help reduce pricing so these products are the more attractive and affordable alternative. "In March, I was asked to present information on the county's sustainability program to SEEN, the Sustainable Enterprise and Entrepreneur Network. I received many comments on the good work being done and that we needed to promote it to residents across the county. Many in attendance at that event are seasoned sustainability veterans and were surprised to learn about the many successes we have. I will be working with Marcia Lynch to help spread the word far and wide to the residents. "As my employment with Tompkins County comes to a close and I move into the retirement phase of my life, I have faith that members of the next generation like Kat McCarthy and Nicole Stumpf, 127 April 20, 2010 employees in the Solid Waste Management Division, will carry on with the visions and missions for a sustainable future. My hope is that everyone that lives in or travels to Tompkins County does their share to protect and improve this area we call home so it can be enjoyed by this and many generations yet to come. I have no doubt that Tompkins County will continue to be seen as a leader and set high standards for others to emulate. Although it may seem cliche, the slogan of "think globally but act locally" seems applicable and appropriate to summarize our actions. "On behalf of the Tompkins County Sustainability Team and me, thank you for this opportunity to share our team's successes with you. As a Tompkins County resident and taxpayer, I am appreciative of this team and their efforts and I hope that you are, too. We look forward to your continued support of sustainability and the team's mission. We'll be back same time, next year". Resolution(s) Added to and Withdrawn from the Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to add the resolution to the agenda entitled In Opposition to New York State Proposed Legislation S7000A/A10372, Amending New York State Insurance and Public Health Law. It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to add the resolution to the agenda entitled In Opposition to Article VI, Health and Mental Health Bill, Section 43 of the Proposed 2010-2011 Governor's Budget. There were no resolutions withdrawn from the Agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 50 - FUNDING OF SPRING 2010 TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Marketing and Advertising using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following Spring 2010 Tourism Marketing and Advertising grants are approved: PRI & Museum of the Earth 2010 One Fish, Two Fish, Old Fish, New Fish Exhibit $5,000 State Theatre of Ithaca, Inc. 2010 Dan Zanes & Friends Performance $3,000 Cayuga Wine Trail 2010 Holiday Shopping Spree $4,000 Cayuga Wine Trail 2010 Greyhound Wine Tour & Friends $2,500 Historic Ithaca 2010 Central NY Window Preservation Conference $750 Downtown Ithaca Alliance 2010 Downtown Ithaca Festival of Ice $2,000 Cayuga Lake Watershed Cayuga Eco -Cruise Pilot $2,500 128 April 20, 2010 Ithaca Triathlon Club 2011 Cayuga Lake Triathlon $3,400 Light in Winter Festival, Inc. 2011 Light in Winter $5,000 bioDevelopments-International Institute 2010 Ithaca Scottish Games & Celtic Festival $1,250 TOTAL $29,400 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 Resolution No. 51 - Funding of Spring 2010 Tourism Project Grants MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Projects using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following Spring 2010 grants are approved: Tompkins Co. Chamber Foundation Cayuga Lake Wine Trail Downtown Ithaca Alliance Light in Winter Festival, Inc. bioDevelopments PRI & Museum of the Earth Interpretive Panels- Waterfront Trail Phase 3 2010 Greyhound Wine Tour & Friends 2010 Downtown Ithaca Festival of Ice 2010 Light in Winter Festival 2010 Ithaca Scottish Games & Celtic Festival 2010 One Fish, Two Fish, Old Fish, New Fish $ 8,000 $ 2,000 $ 9,000 $ 7,000 $ 10,000 $ 10,000 $ 46,000 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. 52 - Funding of Spring 2010 Community Celebrations Grants MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following Spring 2010 grants are approved: Town of Enfield City of Ithaca Town of Caroline 2010 Enfield Harvest Festival 2010 Congo Square Market 2010 Caroline Open House 129 $1,770 800 2,000 April 20, 2010 City of Ithaca 2010 Cayuga Lake Community -Build 1,000 City of Ithaca 2010 Juneteenth African American Heritage Celebration 2,000 Village of Groton 2010 Sesquicentennial Celebration of Village 800 Town of Danby 2010 Danby Fun Day 910 Town of Enfield 2010 Enfield Elementary School Celebrating 51 Years 500 Town of Lansing 2010 Myers Park Concerts 1,050 City of Ithaca 2010 West End Waterfront Rhiner Festival 2,000 City of Ithaca 2010 Celebrating Youth in the Arts 550 Town of Dryden 2010 Dryden Lake Festival 2,000 Town of Groton 2010 Annual Halloween Celebration 350 City of Ithaca 2010 Latino Heritage Month Celebration 2,000 Town of Newfield 2010 Newfield Old Home Days 2,000 $19,730 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. 53 - AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR 2010 TOURISM CAPITAL GRANTS PROGRAM MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, 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 2010 total budget of $133,263, divided into a grants budget of $119,937 and an administration budget of $13,326, and WHEREAS, STPB will be responsible for recommending grants from this program to the appropriate Legislative committee, and TCAD will administer the application process, will review and analyze the feasibility and economic impact of a project, will provide oversight for each project, and provide such analysis with recommendations to the appropriate Legislative committee, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign an agreement with TCAD pertaining to this program, RESOLVED, further, That, of the total program amount of $133,263, up to $13,326 (10 percent of total program expenditures) shall be paid to TCAD for 2010 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. 130 SEQR ACTION: TYPE II -20 April 20, 2010 RESOLUTION NO. 54 - AWARD OF SPRING 2010 TOURISM CAPITAL GRANTS MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the 2010 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 proj Entity Project 2010 Center for Transformative Action Dorothy Cotton Institute Feasibility Study $7,500 Tompkins County Chamber Foundation Stewart Park Building Rehab. Feasibility Study $15,000 PRI/ Museum of the Earth Glacier/Climate Exhibit Project $20,000 RESOLVED, further, That upon completion of the requirements outlined in the grant agreements, including the availability of Room Tax Occupancy funding and PRI/Museum of the Earth obtaining the required outside funding, the County Administrator or his designee is authorized to sign all documents relating t Entity Project 2011 PRI/ Museum of the Earth Glacier/Climate Exhibit Project $30,000 SEQR ACTION: TYPE II -20 Appointments Approved Under the Consent Agenda It was MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment under, the Consent Agenda: Environmental Management Council Brian Eden — At -large representative; term expires December 31, 2010 Individual Member -Filed Resolution RESOLUTION NO. 55 — RESOLUTION URGING THE U.S. CONGRESS TO ENACT COMPREHENSIVE IMMIGRATION REFORM MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Mrs. McBean-Clairborne explained there is some urgency with this resolution because of the growing movement in the country and she believes the County's voices need to be heard. She spoke of the importance of the census and said 131 April 20, 2010 according to the 2000 Census more than 10,000 of the 96,000 County residents are immigrants. There are a lot of economic benefits to the country and to the State as a whole because of the presence of immigrants. She spoke of her own personal story of coming here as an immigrant and becoming a naturalized citizen. At this time, she shared some statistical information from the Immigration Policy Center. Mr. Lane said he agrees with the need for immigration reform. However, he stated that it is not clear to him as to what legislative bills the resolution is supporting and expressed concern with the process and that the resolution did not go through a committee. He supports the idea and people this resolution refers to, but questioned the process. It was MOVED by Mr. Lane, seconded by Mr. Proto, to refer the resolution to the appropriate committee. Ms. Herrera said if the decision to refer to committee has anything to do with past stances she has taken with regard to process she can understand that. However, she asked Legislators to consider the importance of sending a message to the immigrants in the community and to understand the "watershed" moment this country is at. She spoke of sending a message of how important it is to reunite around the issues of social justice, economic development, and human rights. She announced there will be a rally on May 1 and urged Legislators to support the resolution. Ms. Robertson said she feels there is nothing personal about the idea of sending this to committee. She said there are no criteria laid out in the Rules about who can bring a member -filed resolution and Mrs. McBean-Clairborne followed the rule and the deadline for submitting resolutions for the agenda. Mrs. McBean-Clairborne said she appreciates Mr. Lane's comments; however, any debate about whether resolutions should be first considered by a program committee should be outside of debate on this resolution. She said this Legislature may want to consider a change to the Legislature's Rules; however, there are a number of member -filed resolutions that have come before the Legislature and she does not want to start the debate with this one. Mr. Proto addressed Ms. Herrera's statement and said the intent to refer to committee is not based on a personal "payback" for any past stance she has taken with regard to process. This Legislature has the privilege of sending an item to a committee when further information is requested. Mr. Shinagawa said he first had the same concerns as Mr. Lane, but since learning of the rally deadline and the work Mrs. McBean-Clairborne and others have done, he is satisfied and will support the resolution. Ms. Chock understands the May 1St deadline and said she appreciates having had the resolution in Legislature packets a week in advance of the meeting. Ms. Kiefer said she circulated an e-mail this afternoon saying that if this resolution went to committee no harm would be done because there will be other gatherings this summer on the same subject. She believes the revisions to the resolution have greatly improved the resolution, but continues to disagree that there should be any reference to Mr. Ortiz's bill or that Mr. Schumer may introduce a bill. She believes referring the resolution to committee would be reasonable, but said she is prepared to vote on the resolution this evening. Mr. Lane said his position has to do with process only and commented that referring new matters to committee is a very common practice under Robert's Rules of Order. 132 April 20, 2010 Mr. Stein asked if there was a precedent for not considering such items without going through a committee. At this time, Ms. Robertson read the section of Legislature Rules pertaining to Individual Member -Filed Resolutions. Ms. Mackesey opposed the motion to refer to committee, but suggested deleting the last Whereas. Mr. Dennis said he also opposes the motion to refer to committee and commented that it makes him unhappy when something becomes personal. Mr. Burbank was inclined to send it to committee because he didn't fully understand what the resolution was attempting to do. He agrees with the general principles and with removing a specific reference to a bill that is 7,200 pages, which he does not believe many members have read. Ms. Robertson said she originally thought the resolution should go through committee, but then learned of the rally scheduled for May 1st. She suggested the Government Operations Committee review the Legislature Rule for Individual Member -Filed Resolutions. A voice vote on the motion to refer to committee resulted as follows: Ayes — 4 (Legislators Lane, McKenna, Proto, and Robison); Noes — 11. MOTION TO REFER TO COMMITTEE FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to delete the last Whereas as follows: "WHEREAS, a bill, the "Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009," H.R. 4321, was introduced to the House of Representatives on December 15th, 2009 by Representative Solomon P. Ortiz from Texas, and is a significant step towards comprehensive immigration reform, and Senator Charles Schumer from New York has indicated that he will introduce a comprehensive bill in the United States Senate, now therefore be it". Ms. Kiefer explained the Ortiz bill as referenced in the resolution was not part of the packet and she is not familiar with it. In addition, she does not find the mention that Senator Schumer "may be" introducing legislation useful. Mrs. McBean-Clairborne said she opposes removing the language with respect to the Bill. There are many times when bills are referenced that members of this Legislature have not read. However, she would agree with removing the reference to Senator Schumer. It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, to amendment the amendment to read as follows: "WHEREAS, a bill, the "Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009," H.R. 4321, was introduced to the House of Representatives on December 15th, 2009 by Representative Solomon P. Ortiz from Texas, and is a York has indicated that he will introduce a comprehensive bill in the United States Senate, now therefore be it". A voice vote on the amendment to the amendment resulted as follows: Ayes — 14, Noes — 1 (Legislator Kiefer). MOTION TO AMEND THE AMENDMENT CARRIED. Following discussion and clarification of the motion on the table, Mr. Proto called the question. A voice vote resulted as follows on calling the question: Ayes — 11, Noes — 4 (Legislators Chock, Dennis, Lane, and Stein). MOTION TO CALL THE QUESTION CARRIED. A voice vote resulted as follows on the amendment as amended: Ayes — 11, Noes — 4 (Legislators Chock, Dennis, Kiefer, and Robison). AMENDMENT AS AMENDED CARRIED. 133 April 20, 2010 Mr. Proto said this is difficult for him not to support the resolution as his Grandparents on both sides of his family were immigrants from Italy and his wife and stepchildren are Canadians. He respects what Ms. Herrera and Mrs. McBean-Clairborne are trying to accomplish but as Mr. Lane tried to get the resolution referred to committee he believes it would be useful to have more discussion. Mr. Dennis said he will support the resolution but the last hour legitimized Mr. Lane's concerns that this should have been referred to Committee. Mr. Robison thanked Ms. Herrera and Mrs. McBean-Clairborne for bringing this resolution forward. It's an important issue for the entire country that will continue to be debated for a long time. He spoke of the deadline and said this is not tied to any funding and it is not clear to him about what the reform is. This County is dealing with a multi-million dollar budget shortfall and that is a local issue; this resolution deals with a national issue that he states the County has very little control over as a body. A vote on the resolution as amended resulted as follows: Ayes — 12; Noes — 3 (Legislators McKenna, Proto, and Robison). RESOLUTION ADOPTED. WHEREAS, Tompkins County was named in honor of Daniel Tompkins, once governor of New York, Vice President of the United States, and architect of the 1827 Emancipation Law that ended slavery in New York, and WHEREAS, Tompkins County has lived up to the history of this name with its strong commitment to protecting the human rights, civil rights, liberties, and security of all its citizens as expressed in the United States Constitution and the New York State Constitution, and WHEREAS, Tompkins County, Chapter 92, Anti -Discrimination Local Law No. 6-1991, amended by Local Law No. 1-2004 (Tompkins County Charter §C 23.01(e)) among other things, extended human rights protection to County residents regardless of immigrant or citizenship status, and WHEREAS, according to the 2000 U.S Census, 10,166 of the 96,501 total Tompkins County population were immigrants, and WHEREAS, we believe in the dignity of all Tompkins County residents regardless of immigration status and recognize the importance of their many contributions to the social, cultural, religious, and economic life of Tompkins County, and WHEREAS, Tompkins County has a major stake in a just and fair federal immigration system that would help protect the health and richness of Tompkins County's diverse population, and WHEREAS, our nation's immigration system continues to be broken, with the federal government pursuing an ineffective enforcement -only strategy that serves to criminalize people who seek to better their quality of life instead of welcoming them in the way that prior generations of immigrants were welcomed to our shores, and WHEREAS, the current immigration system and its policies cause great anguish to our residents who daily experience the tragedy of families divided, the criminalization of socially beneficial work being performed by local agencies, churches, and businesses which work with undocumented workers; the elimination of judicial review and due process for valued County residents; and the undermining of trust between County residents and their government, and WHEREAS, unlike at least twenty other countries including Canada, Australia, New Zealand, Brazil, and most European countries where same-sex couples are legally recognized as a family, in the United States Lesbian, Gay, Bisexual and Transgender (LGBT) families are not recognized in federal immigration laws, thus when a foreign partner's visa expires, couples/families are forced either to separate or the United States citizen must leave the country and live in exile, and WHEREAS, our nation urgently needs legislation to correct the failings of our immigration system, to improve public safety and national security, to protect all workers regardless of immigration status from mistreatment by employers, to restore civil rights and liberties to all, to strengthen all families, communities and our economy, and WHEREAS, our broken immigration system has allowed persistent unequal administration of justice based on race or national origin at the local level as documented by the Southern Poverty Law 134 April 20, 2010 Center in its September 2009 report "Climate of Fear: Latino Immigrants in Suffolk County, N.Y., " and which has undermined effective community policing by discouraging the reporting of crime and cooperation with prosecutors in immigrant communities due to well-founded fears of immigration enforcement action against them, thereby putting entire communities at risk and undermining public safety for all, and WHEREAS, for the past decade federal immigration enforcement agents have been conducting raids of people's homes without specific purpose or permission from a court of law and incarcerating anyone who cannot produce immigration status documents, resulting in minimal advances for national security and destructive effects on families, including children who are U.S. citizens by birth returning home from school to find that their parents have been taken away, and WHEREAS, comprehensive immigration reform would, • Keep all families, including families with same-sex partners, together by reuniting the families who are already here and have been separated for far too long by the legal immigration backlog process • Free up enforcement resources to focus on those who pose serious risk to national security or have violent criminal records • Allow employers who are trying to follow the law to do so without being undercut by unscrupulous employers who drive down wages and workplace standards • Boost our country's ailing economy by raising incomes for all workers, yielding over $1.75 trillion to our GDP over a ten year period, generating billions in additional tax revenue and consumer spending, and supporting hundreds of thousands of jobs, according to "Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform," a January 2010 joint report by the Immigration Policy Institute, Center for American Progress, and U.C.L.A., and WHEREAS, said study's findings have been publicly affirmed by the Cato Institute, which in its August 2009 study, "Restriction or Legalization," reached similar conclusions, with both studies also concluding that attempting to mass deport millions of unauthorized workers, taxpayers, and consumers would only damage our economy, and WHEREAS, a bill, the "Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009," H.R. 4321, was introduced to the House of Representatives on December 15th, 2009 by Representative Solomon P. Ortiz from Texas, now therefore be it RESOLVED, That the Tompkins County Legislature calls on the U.S. Congress to enact comprehensive immigration reform that will include replacing our ineffective enforcement -only policy; ceasing the practice of warrantless raids; and providing a pathway for undocumented immigrants towards earning legal permanent status and citizenship, RESOLVED, further, That the Tompkins County Legislature expresses its appreciation to all people from around the world who have made Tompkins County their home and in so doing have helped to make Tompkins County one of the most vibrant, safe and attractive communities in the United States, RESOLVED, further, That the Clerk of the Legislature send copies of this resolution to U.S. Senators Schumer and Gillibrand; to Representatives Maurice Hinchey and Michael Arcuri; and all the other members of the Honorable New York State Congressional delegation. SEQR ACTION: TYPE 1I-20 Recess Ms. Robertson declared recess from 8:05 p.m. The meeting reconvened at 8:14 p.m. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee met on April 7. In addition to approving resolutions on the Consent Agenda, the Committee heard the annual report from the Water Resources 135 April 20, 2010 Council. Ms. Mackesey said the tourism program has a substantial amount of money and needs an employee to oversee the Program. Mr. Mareane updated the Committee about the progress he has been making on a proposal to create a position that would oversee the program and is continuing to look at where that employee would be housed and if it would be a County employee. The Committee also heard a report from the Soil and Water Conservation District; Craig Schutt reported the District has six employees and a $1 million budget that mostly comes from the State. The County also allocates $110,000 annually to the Soil and Water Conservation District. Ms. Kiefer spoke of the tourism grants and said one grant is to transfer funds to Cornell's Center for Transformative Action, formerly known as CRESP, the Center for Religion, Ethics, and Social Policy, to investigate the feasibility of the Dorothy Cotton Institute. She said this is exciting because it appears to be about developing a freedom and justice center, which could be part of a black history trail. The other item she mentioned that did not get recommended in the Celebration Grant process was for the Community School of Music and Arts. That group is celebrating its 50th anniversary and is planning a celebration and she believes it meets the criteria for grant funds. Ms. Kiefer said she is awaiting additional information but may add a member -filed resolution to the next agenda that proposes to authorize celebration grant funds to the Community School of Music and Arts. Mrs. McBean-Clairborne requested an update on the description of the various Celebrations grants. RESOLUTION NO. 56 - SUPPORT FOR STATE LEGISLATION TO AMEND CURRENT ENABLING LAWS AUTHORIZING SUSTAINABLE ENERGY FINANCING PROGRAMS MOVED by Ms. Mackesey, seconded by Mr. Burbank. Ms. Mackesey explained the County would basically be taking a lien out on a property and lending these funds. Mr. Mareane said under Finance Law the County is not authorized to borrow money for these kinds of purchases; the intent is to broaden what is allowed to be borrowed by municipalities for this purpose. Ms. Herrera spoke of a previous concern she had with regard to foundations being utilized to circumvent prevailing wage requirements and asked if there would be any way this legislation could be used to avoid paying a prevailing wage. Ms. Mackesey said this is being used by people to make their home more energy- efficient. She gave an example of a homeowner installing a fuel-efficient furnace and said the loan for the furnace would be attached to their property tax and would be paid off over time. In the event the home was sold the loan would transfer to the new owner. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in August 2009, the Tompkins County Legislature adopted 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", and WHEREAS, in November 2009, by Chapter 497 of the Laws of 2009, the State of New York authorized an amendment of the General Municipal Law by creating Article 5-L to allow municipalities to create Property -Assessed Clean -Energy Programs (known in New York State as "Sustainable Energy Financing Programs") to promote the deployment of renewable energy systems and energy efficiency improvement measures at residential and commercial properties, and WHEREAS, Tompkins County wishes to increase energy efficiency of existing buildings, reduce energy costs for residents, reduce carbon emissions to help mitigate climate disruption, reduce the negative health effects of fossil fuel emissions, and create and retain local jobs in the energy audit and 136 April 20, 2010 energy contracting sector, and WHEREAS, Tompkins County wishes to explore mutually beneficial ways of: • Leveraging private sources of capital with other public and private resources to accomplish these objectives, and • Coordinating efforts with Federal, State, and other agencies and authorities to assure that activities are compatible with the plans and programs of the cooperating municipalities, and WHEREAS, the Sustainable Energy Financing Program enabled by Article 5-L should be amended to allow broader sources of funding while securing and facilitating such programs. Such legislation is now pending in the New York State Senate and Assembly, 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 to amend, strengthen, and correct technical deficiencies within the current enabling laws authorizing Sustainable Energy Financing Programs, including allowing the use of bonds and other sources of public and private financing to establish and implement such programs, RESOLVED, further, That the Clerk of the Legislature is authorized to forward this resolution in support of amending current enabling laws authorizing Sustainable Energy Financing Programs to Governor David A. Paterson, Senate Majority Conference Leader John Sampson, Senate Minority Leader Dean Skelos, Senator George Winner, Senator James Seward, Senator Michael Nozzolio, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Assemblywoman Barbara Lifton, and the New York State Association of Counties. SEQR ACTION: TYPE II -20 RESOLUTION NO. 57 - APPROPRIATION OF 2010-2011 BUDGETS FOR THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by a short roll call vote. 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 2010-2011 fiscal year, beginning April 1, 2010, and ending March 31, 2011, in the amounts of $280,350 from the Federal Highway Administration, and $42,034 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 10-1, APPROVAL OF THE 2010-2011 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 2010 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2010, through March 31, 2011. SEQR ACTION: TYPE 1I-20 ATTACHMENT A 2010-2011 ITCTC OPERATING BUDGET 137 April 20, 2010 Report from the Census Committee Ms. Mackesey, Chair, provided an update on the work of Census enumerators. On April 24 they will be going out to try to catch up with students before they leave their apai tments in the morning. She provided an update on the participation rate of municipalities and noted Groton is in first place with a participation rate of 82%. Mr. Shinagawa noted the increased rate in Collegetown from 39% to 52%. Ms. Mackesey clarified the percentage is based on the percentage of forms relative to the number of forms that have been mailed out. Report and Presentation of Resolution(s) from the Budget and Capital Committee 138 Current Year Funds CODE DESCRIPTION 10/11 FHWA 10/11 FTA 10/11 TOTAL .4959 REVENUES: FEDERAL AID $280,350 $42,034 $322,384 EXPENSES: COMBINED SALARIES 186,661 23,359 210,020 .8800 FRINGE 75,598 9,460 85,058 .2206 COMPUTER EQUIPMENT 0 500 500 .2210 OTHER EQUIPMENT 0 0 0 .2214 FURNITURE & FIXTURES 0 400 400 .2230 COMPUTER SOFTWARE 0 300 300 .4303 OFFICE SUPPLIES 0 0 0 .4330 PRINTING 0 750 750 .4332 BOOKS/PUBLICATIONS 0 200 200 .4400 PROGRAM EXPENSE 8,000 0 8,000 .4402 LEGAL ADVERTISING 0 750 750 .4412 TRAVEL/TRAINING 500 1,000 1,500 .4414 LOCAL MILEAGE 256 1,000 1,256 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,500 0 3,500 .4425 SERVICE CONTRACTS 250 750 1,000 .4432 RENT 250 250 500 .4442 PROFESSIONAL SERVICE FEES 1,135 865 2,000 .4452 POSTAGE SERVICES 500 500 1,000 .4472 TELEPHONE 400 1,150 1,550 .4618 INTERDEPARTMENTAL CHARGE 0 500 500 .4905 CENTRALLY DISTRIBUTED ITEMS 3,000 0 3,000 TOTAL EXPENSES $280,350 $42,034 $322,384 Report from the Census Committee Ms. Mackesey, Chair, provided an update on the work of Census enumerators. On April 24 they will be going out to try to catch up with students before they leave their apai tments in the morning. She provided an update on the participation rate of municipalities and noted Groton is in first place with a participation rate of 82%. Mr. Shinagawa noted the increased rate in Collegetown from 39% to 52%. Ms. Mackesey clarified the percentage is based on the percentage of forms relative to the number of forms that have been mailed out. Report and Presentation of Resolution(s) from the Budget and Capital Committee 138 April 20, 2010 Mr. Dennis, Chair, reported the budget retreat will be held on April 27 at 6 p.m. at the Transit Facility; contributions for food can be given to the Clerk of the Legislature. The April 26 Budget and Capital Committee meeting has been canceled. RESOLUTION NO. 58 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL -PAY REIMBURSEMENT - PERSONNEL DEPARTMENT MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote. WHEREAS, the Personnel Department had a Personnel Assistant Retire effective January 29, 2010, and WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay to the Department from the Contingent Fund, now therefore be it RESOLVED, on Recommendation of the Budget and Capital Committees, that the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $ 9,492 TO: A1430.510033 Personnel Assistant $ 6,756 A1430.58800 Fringes $ 2,736 SEQR ACTION: TYPE II -20 RESOLUTION NO. 59 - AUTHORIZATION TO EXECUTE A FIVE-YEAR AGREEMENT WITH THE NEW YORK STATE UNIFIED COURT SYSTEM FOR THE PROVISION OF COURT ATTENDANT SERVICES AT THE MAIN COURTHOUSE MOVED by Mr. Dennis, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, all counties in New York State are obligated to provide certain services to the New York State Unified Court System related to the operation of state and county courts, and WHEREAS, among those services is the support provided by Court Attendants employed by the host county, and WHEREAS, Tompkins County and the Office of Court Administration (OCA) have agreed upon the number of hours of service required to be provided by Court Attendants, and WHEREAS, OCA has agreed to reimburse Tompkins County the actual direct expense of providing those Court Attendants, and OCA sets the wages with Tompkins County acting as a pass- through agent, and WHEREAS, this understanding has been memorialized in a five-year agreement between the County and the Unified Court System, and WHEREAS, the specific maximum dollar amount of the reimbursement is negotiated each year of the five-year term, and WHEREAS, the maximum dollar amount for year one of the Agreement is $55,000, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee is authorized to sign a contract with the New York State Unified Court System for the provisions of court security for the period of April 1, 2009, through March 31, 2014. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Shinagawa, Chair, had no report. 139 April 20, 2010 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported at the last meeting they began talking about a resolution to encourage the use of the Martin Luther King, Jr., street name. The Committee recognized there are still some missing pieces and is working with the GIS (Geographic Information System) to make sure the street name will appear on map quest, Google, etc., before it moves forward. The undoing -of -racism series of training begins tomorrow and there are a number of County employees who are signed up. Mrs. McBean-Clairborne thanked Ms. Robertson for her comments in memory of Dorothy Height earlier in the meeting and said she was a matriarch of the civil rights movement in this community. Lastly, Mrs. McBean-Clairborne announced in recognition of Black History Month there will be a showing of a movie entitled "Passing it on, the Southside Story" at the History Center on May 6th. This is in collaboration with the Southside Community Center; and she encouraged everyone to attend. The next meeting will be April 28th. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on April 8th, and continues to discuss the impacts of the Governor's budget. He urged Legislators to review the Long Term Care Needs Assessment completed by the Human Services Coalition. He said Betty Falcao of the Health Planning Council provided a status report on what the future holds for the aging population. The report showed there is a lot of concern over the anticipated costs to care for those who are now in the middle -age population with issues of obesity and diabetes. Mr. Proto said the Committee heard from Nancy Zook of the Youth Services Department on the Summer Youth Employment Program. Last year that Program was devastated by a $150,000 budget cut. Ms. Zook reported that program was reconfigured and they are working with Workforce Development and intend to deal with approximately 700 kids between the ages of 14 and 17, and have already been talking about 150 service jobs. Mr. Proto reported the Health Department is scheduled to move to Brown Road on June 25; the next Committee meeting will be held on May 12th. RESOLUTION NO. 60 - CHANGE IN HOURS - PSYCHIATRIC SOCIAL WORKER AND FORENSIC COUNSELOR - TOMPKINS COUNTY MENTAL HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Mental Health Department has reorganized the Forensic Unit of the Mental Health Clinic, and WHEREAS, this reorganization requires the increase of hours of one (1) Psychiatric Social Worker from 35 hours per week to 37.5 hours per week and to decrease the hours of one (1) Forensic Counselor from 40 hours per week to 37.5 hours per week, and WHEREAS, this departmental reorganization results in no change in overall departmental hours and there is no change in County cost for these position changes, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the position of Psychiatric Social Worker (16-599), labor grade P, be increased from 35 to 37.5 hours per week and the Forensic Counselor (16-675), labor grade P, be decreased from 40 hours to 37.5 hours per week effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 61- IN OPPOSITION TO NEW YORK STATE PROPOSED LEGISLATION S7000A /A10372, AMENDING NEW YORK STATE INSURANCE AND PUBLIC HEALTH LAW 140 April 20, 2010 MOVED by Mr. Proto, seconded by Ms. Pryor, and unanimously adopted by voice vote. WHEREAS, the Center for Disease Control has noted that Autism is a critical health care threat in the United States at present, and WHEREAS, the New York State Assembly Memorandum in support of insurance coverage for Autism Spectrum Disorder treatments states ... "Autism is the fastest growing disabling disorder affecting American children, with diagnoses increasing by 500% over the past ten years...Children denied intensive early treatment will have a lower level of functionality and are much more likely to need life- long support services... If we calculate that an estimated one in ninety children in New York State is diagnosed with some form of Autism Spectrum Disorder, and we calculate that for every $1 we spend before the age of 5 we save $7 on lifelong care, we will ultimately save the State, insurance providers, victims, and their families untold millions of dollars over the long-term.", and WHEREAS, children with Autism Spectrum Disorders routinely receive therapeutic services through Early Intervention or school-based services administered and co -funded by counties, and WHEREAS, the proposed State legislation to amend the New York State and Public Health Laws (S7000A/A10372) includes language in relation to the screening, diagnosis, and treatment of autism spectrum disorder, and WHEREAS, while seemingly well-intentioned, the legislation contains language that would, in fact, be detrimental and discriminatory to the population of children it is seeking to serve and have an adverse financial effect on counties, namely: • Children currently classified with autism spectrum disorder would not receive insurance coverage for services. • The current practice of insurers broadly defining the term "medical necessity" would be preserved and a dangerous public policy precedent set by precluding counties from billing insurance companies for autism spectrum disorder services. • There are no cost -savings for any entity, except the insurance industry. , now therefore be it RESOLVED, That the Tompkins County Legislature, and as reviewed by the Health and Human Services Committee, strongly opposes A7000A/S10372 based on these adverse provisions that could prevent the County from receiving payments for services from third party insurers, RESOLVED, further, That a copy of this resolution be sent to Governor David Paterson, Senate Temporary President Malcolm Smith, Senate Majority Leader Pedro Espada, Jr., Senate Minority Leader Dean Skelos, Senate Health Committee Chair Thomas K. Duane, Senate Mental Health Committee Chair Thomas Morahan, Senator James Seward, Senator Michael Nozzolio, Senator George Winner, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Assembly Health Committee Chair Richard Gottfried, Assembly Mental Health Chair Felix Ortiz, Assemblywoman Barbara Lifton, and New York State Association of Counties. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 62 - IN OPPOSITION TO NEW YORK STATE PROPOSED LEGISLATION S7000A /A10372, AMENDING NEW YORK STATE INSURANCE AND PUBLIC HEALTH LAW MOVED by Mr. Proto, seconded by Mr. Robison, and unanimously adopted by voice vote. WHEREAS, the Center for Disease Control has noted that Autism is a critical health care threat in the United States at present, and WHEREAS, the New York State Assembly Memorandum in support of insurance coverage for Autism Spectrum Disorder treatments states ... "Autism is the fastest growing disabling disorder affecting American children, with diagnoses increasing by 500% over the past ten years...Children denied intensive early treatment will have a lower level of functionality and are much more likely to need life - 141 April 20, 2010 long support services... If we calculate that an estimated one in ninety children in New York State is diagnosed with some form of Autism Spectrum Disorder, and we calculate that for every $1 we spend before the age of 5 we save $7 on lifelong care, we will ultimately save the State, insurance providers, victims, and their families untold millions of dollars over the long-term.", and WHEREAS, children with Autism Spectrum Disorders routinely receive therapeutic services through Early Intervention or school-based services administered and co -funded by counties, and WHEREAS, the proposed State legislation to amend the New York State and Public Health Laws (S7000A/A10372) includes language in relation to the screening, diagnosis, and treatment of autism spectrum disorder, and WHEREAS, while seemingly well-intentioned, the legislation contains language that would, in fact, be detrimental and discriminatory to the population of children it is seeking to serve and have an adverse financial effect on counties, namely: • Children currently classified with autism spectrum disorder would not receive insurance coverage for services. • The current practice of insurers broadly defining the term "medical necessity" would be preserved and a dangerous public policy precedent set by precluding counties from billing insurance companies for autism spectrum disorder services. • There are no cost -savings for any entity, except the insurance industry. , now therefore be it RESOLVED, That the Tompkins County Legislature, and as reviewed by the Health and Human Services Committee, strongly opposes A7000A/S10372 based on these adverse provisions that could prevent the County from receiving payments for services from third party insurers, RESOLVED, further, That a copy of this resolution be sent to Governor David Paterson, Senate Temporary President Malcolm Smith, Senate Majority Leader Pedro Espada, Jr., Senate Minority Leader Dean Skelos, Senate Health Committee Chair Thomas K. Duane, Senate Mental Health Committee Chair Thomas Morahan, Senator James Seward, Senator Michael Nozzolio, Senator George Winner, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Assembly Health Committee Chair Richard Gottfried, Assembly Mental Health Chair Felix Ortiz, Assemblywoman Barbara Lifton, and New York State Association of Counties. SEQR ACTION: TYPE 1I-20 Report from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee will have a special meeting on April 30 to review responses to the request for proposals to change to single stream recycling. The meeting will be held in executive session because the proposals received from the different companies responding to the RFP are not public and negotiations may be underway by that time. All Legislators have been provided with information and all are invited to attend. She spoke of the Sustainability Team and said they have been a great addition to the County's efforts to move forward on green items and Ms. Nelson has been a good Chair of that group. Ms. Kiefer announced Warren Road between Hillveiw and Asbury will be closed for two months beginning April 26 for a road repaving/reconstruction project. Ms. Herrera asked that all Legislators receive a copy of all of the information that is handed out at the April 30 meeting. Report from the Capital Program Review Committee Ms. Robertson, Chair, reported the Committee met on April 8 and discussed evaluation of the current Public Safety Building. Arel LeMaro, Director of Facilities, was asked to give the Committee an update on what kinds of maintenance issues face the County on both a short- and long-term basis. The list for the first five years totals $250,000-$300,000 for repairs and basic maintenance. Mr. LeMaro has 142 April 20, 2010 about $85,000 in his budget this year and some of the work has already been done. There is approximately $200,000 in work for the second five years and approximately $700,000 in work for the 10-15 year timeframe. Ms. Robertson said the County is not facing anything imminent that would require the Jail project to be moved up on the Capital Plan (currently scheduled for 2014). The Committee also reviewed the Space Use Master Plan Report from 2005 that looked at the Center of Government Building and the Health Department building. There was discussion of utilizing the Old Library and of the court system requests that County offices in the Courthouse be vacated. There has been some activity with the bar association as far as vacating this space. Ms. Robertson said the Committee will be making a recommendation on what, if anything, needs to be included in the 2011 budget. The next meeting will be May 13`h Mr. Burbank noted that now New York State regulations specify that public meeting space needs to have adequate space for the public to attend. Report and Presentation of Resolution(s) from the Governmental Operations Committee Mr. Lane, Chair, reported the Committee met on April 15th at the Public Library and heard from Susan Currie, Library Director, and also received a tour of the Library. The Committee received a report from Mr. Mareane about his efforts for lean office training, an area that was recommended by the Citizen's Budget Committee. Mr. Mareane informed the Committee that two departments have been identified to participate in a pilot — the Health Department and the Office for the Aging. Mr. Squires spoke to the Committee about the Lakeside Nursing Home bankruptcy hearing he attended with Mr. Wood and it was reported the County will receive back taxes in the amount of $650,000. Mr. Lane reported the Committee also took up the sale of the Biggs B Building after being presented with a proposal by Mr. Mareane that was within the parameters given by this Legislature. The sale was to Cayuga Medical Center for $1,059,000 and a resolution will come to the Legislature next month. The Committee began a discussion of budgets and programs and began with the Board of Elections. Ms. Cree and Mr. Dewitt reported the new ballot machines seem to be working well and have "spot on" counts. However, they are much more difficult and time-consuming to program and there will need to be discussion during the budget process of whether to continue two technician positions. The Commissioners also reminded the Committee that the Legislature did not allocate any funding in the budget for a primary election in 2010 and they will need approximately $30,000 to cover local primary elections. Lastly, Mr. Lane reported the broadband efforts are continuing. He said a committee will be created and Ms. Younger will be taking the lead in identifying process steps and what expertise will be needed. RESOLUTION NO. 63 - IN SUPPORT OF BILL NOS. A.9919 AND S.7338 THAT PERMITS COUNTY CLERKS TO RETAIN A SHARE OF THE FEES COLLECTED FOR MOTOR VEHICLES THROUGH THE DEPARTMENT OF MOTOR VEHICLE WEBSITE MOVED by Mr. Lane, seconded by Mr. McKenna, and unanimously adopted by voice vote. WHEREAS, County Department of Motor Vehicle (DMV) offices are required to be open for service to customers and oftentimes must issue no -fee renewals when customers renew on-line but fail to receive their stickers, and WHEREAS, County DMV's continue to provide in-person service to often handle complex situations for customers, while New York State DMV is able to take 100% of fees now conducted on-line, rather than sharing even 12.7% of the fee for services with counties, the amount that County DMVs presently retain for in-person services, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature supports Bill Nos. A.9919 and 5.7338 that would permit County Clerks to retain a share of the fees collected for motor vehicles through the DMV website, 143 April 20, 2010 RESOLVED, further, That the Clerk of the Tompkins County Legislature is hereby directed to forward copies of this resolution to Governor David Paterson, Senate Majority Temporary President Malcolm Smith, Senate Majority Leader Pedro Espada, Jr., Senate Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senator James Seward (51St District), Senator George Winner (53`d District), Senator Michael Nozzolio 54th District), Assemblywoman Barbara Lifton (125th District). SEQR ACTION: TYPE II -20 Approval of Minutes of April 6, 2010 It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the minutes of April 6, 2010. MINUTES APPROVED. Unfinished Business Mr. Proto spoke of the Alternatives -to -Incarceration memorandum dated August 16, 2009, that he has referenced previously. He said he has provided Ms. Robertson and Mr. Shinagawa each with a copy. Recess Ms. Robertson declared recess from 9:21 p.m. The meeting reconvened at 9:26 p.m. Executive Session It was MOVED by Mr. Robison, seconded by Ms. Pryor, and unanimously adopted by voice vote, to enter into executive session at 9:26 p.m. to discuss litigation and real estate negotiations. The meeting returned to open session at 10:18 p.m. Adi ournment On motion, the meeting adjourned at 10:18 p.m. 144 May 4, 2010 Regular Meeting Call to Order Ms. Kiefer, Vice Chair, called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Ms. Robertson arrived at 5:50 p.m. Excused: 1 (Legislators Robison). Mr. Stein was excused at 8:03 p.m. Privilege of the Floor by the Public Deborah Dietrich, Director of OAR (Opportunities, Alternatives, and Resources), presented information on the agency. The agency began as a volunteer agency in 1976 for the purpose of providing friendship and transportation to people in the Jail for families to visit them. The agency has become a non-profit over the last couple of decades. She noted staffing, but not services, has declined from 4.3 FTE's last year to 3.6 this year. Services of the Agency include the Bail Fund and client services for individuals both in and out of jail. She invited Legislators to OAR's annual meeting on May 12 at the Ithaca Recovery Building. Deborah Cowan, Hanshaw Road, submitted the following statement: "I am a resident at 1022 Hanshaw Road and I am writing about the Hanshaw Road Reconstruction Project. I would like to try to explain how we feel as individual homeowners. "It may seem to you that we have plenty of information. But from here, the information feels incomplete, contradictory, and confusing. "It is important, when you are delivering information, to find out whether the intended recipient is getting what you are saying. I think the neighbors of Hanshaw Road are telling you that they don't get it. "Many of us expressed concerns at the Eminent Domain hearing, and we have since submitted to you 47 letters — 35 from people on the acquisitions list, and 12 from people not on the list — all expressing concerns about the county's claimed right-of-way and the effect of the project on their property and the road as a whole. This is over half the neighborhood. "What I continue to hear from my neighbors is that they don't know what is going on. They have trouble deciphering your maps; trouble understanding the easement language; trouble figuring out where the sidewalk will be on their property; and what it will look like over the course of the road and road speeds. "I'm not sure if you have looked at the primary material, so I submitted an example of what we were given in our acquisition packets. I've copied my neighbor's map, because it is one of the more egregious examples — and I would challenge you to make sense of it, and have a level of comfort with it. "As legislators you have probably been through this type of road design and construction many times before. Please remember that for the vast majority of us this is our first time. Our homes and our neighborhood will be affected forever. We want to make sure that we understand what's happening and we want to make sure that you get it right. 145 May 4, 2010 "Please think about this as a homeowner: if you were to hire a contractor to build an addition to your home, or a landscaper to put in a walkway and plantings, you would not proceed with the work unless you had blueprints or diagrams telling you exactly what would be constructed; the dimensions and locations; and how it would affect your property as a whole. If you didn't have this information you would be foolish to sign a contract! And so would we be. "Our last public informational hearing was almost three years ago in 2007. I am not counting the open house held for the Eminent Domain hearing, since the maps there were inaccurate and out of date. "In these three years people have moved away, new people have moved in, people still here have forgotten what they once knew. We've come here to ask for your help. While here, we can comment but get no answers. We can write or e-mail, but are told our questions will be passed on to staff and answered in a report at some later date. There seems to be no opportunity for dialogue available to us and it feels as if we are being held at arms' length. We are not really happy with the thought that staff is the intermediary between us and our elected representatives. We would like access to and answers from you, the legislators, the decision -makers in this project. "We are asking for a dialogue with you so that we can be clear on what's ahead. We are asking that you hold a public informational forum with legislative members present to answer our questions and address our concerns." Report from a Municipal Official Susan Riha, Town of Ithaca, provided a brief report from the Town. She said the Town supports the County's sale of the Biggs property to Cayuga Medical Center and would like to be kept informed as to what plans are developed for the remaining 26 acres. Ms. Riha reported the Town is working on a number of issues with the County, including road preservation laws, cell tower issues, animal control, traffic calming in Forest Home, and the Health Insurance Consortium. Privilege of the Floor by the Public (continued) Eric Banford, Town of Danby, read and submitted the following statement: "My name is Eric Banford, and I live on E. Miller Road in Danby, New York. I'm a member of the Danby Gas Drilling Task Force, Shaleshock Citizens Action Alliance, and the Tompkins County Environmental Management Council, though I am not here representing any of those groups. I'm here as a concerned citizen of this community "I've been active in the past year helping to educate this community about the inherent risks that come with high volume horizontal hydraulic fracturing for gas in the Marcellus Shale that underlays our region. And in that effort I've felt an overwhelming need to find something positive to say "Yes!" to. We don't have the luxury or the right to say "not in my back yard", when our energy has to come from somewhere. Right now our coal-fired electricity from Milliken Station is in part responsible for mountain top removal in the neighbor states south of New York. I find that whole-heartedly unacceptable. Our energy has to come from somewhere, it should come from our back yard. "So if not hydro-fracking and not coal, what do we say yes to? To wind! As a life long birder I was initially skeptical of wind turbines and their threat to migrating and local bird populations. So I've studied their development closely. I did bird walks on Mount Pleasant when there was a wind farm proposed there, to see if it was a good site. Good siting makes all the difference, and the Enfield Wind Farm is a good site. I asked John Rancich about birds and bats and everything I could think of about his plans, and I think this wind farm is something we should all be supporting. The 50 MW of power it will generate will be enough for all of the homes in Tompkins County. That is walking the walk. If we can do 146 May 4, 2010 that, we can power all of Tompkins County on wind and solar, and then we can look at transforming our transportation to electricity. We could be leading by example. "The reason I came here today was to encourage you to think about funding the Enfield Wind Farm so that it is a community -owned and operated resource. A study by the Institute for Local Self Reliance entitled "Energy Self Reliant States" found that NY State could generate 90% of its power from renewables, and that is a conservative estimate. They found that a locally owned 50 MW wind farm could generate $6.5 million annually for a community, whereas an absentee owned farm would only generate $2.5 million. For a $115 million investment, that's an incredible opportunity we should not pass up. And if we own the wind farm, we can keep future prices stable, whereas if we do not, we are the mercy of the market, which will inevitably go up as fossil fuels become harder and harder to extract. "In January of this year, President Obama announced recipients of $2.3 Billion for Advanced Energy Manufacturing Tax Credits program, some of that money is coming to New York. Through that money, through NYSERDA, through the stimulus money being made available, we should be able to find a way to finance this project. It means jobs, it means clean energy, and it means a more secure future for Tompkins County. Please consider this proposal. Thank you." Jessica Yoon, Intern at the Tompkins County Worker's Center and a Cornell University student, spoke about a project the Worker's Center is working on. She said last summer the Department of Labor conducted a sweep of restaurants in the downtown area and found several violations. Following that sweep, workers at the Center believed a lot of restaurant owners had been charged with violations because they weren't aware of some of the laws. Ms. Yoon said the Center has been putting together a manual of all the laws and is currently trying to get it checked for legality and thinking of ways to distribute it. She said they believe the Tompkins County Legislature would be a good place to bring it forward to begin alerting the public that it is available. She said the intention is to provide businesses with the information they need to be law-abiding employers. Presentation of Distinguished Youth Award Mr. McKenna, District No. 8 Legislator, presented the April Distinguished Youth Award to Newfield High School Senior Samantha Wood. In his nomination letter, school counselor Rick Pawlewicz praises Samantha as "poised, mature, with a quick, incisive mind a young woman with an impressive range of interests and the drive to nurture them and enable her natural talents to take root." He describes her as an "engaged and energetic thinker who can handle highly theoretical and abstract material," who is able to "elicit and utilize critical feedback." With a nearly 97% cumulative average throughout high school, and earning a score of 90% or more on every Regents exam and more than 27 concurrent credit hours through Tompkins Cortland Community College while in high school, Pawlewicz ranks Samantha among the top of the most capable students he has seen in 16 years as counselor. The counselor also praises the nominee as "a trusted and loyal friend," a leader and involved in athletics and activities—"goal-oriented, task -focused and persistent to be the best that she can be in everything she does." Ms. Robertson arrived and assumed the Chair at this time. Privilege of the floor by Legislators Ms. Chock, District No. 3 Legislator, thanked Ms. Yoon for speaking this evening and to the Worker's Center for trying to produce a constructive solution to a problem. Ms. Chock spoke of her personal experience opening a small business and said it was very difficult to figure out what she had to comply with. Ms. Chock reported she attended a meeting on a new aspect of Marcellus Shale relating to disposal wells. She said there are federal, state, and possible local regulations that govern these wells; however, they were designed in the 1970's. She also spoke of a report by Chemura Economics and 147 May 4, 2010 Analytics that was done to develop a profile of visitors to Tompkins County. The report is available on the County Administration website. Mr. Lane, District No. 14 Legislator, stated today marks the 35th day at the State level without a budget. He said when the budget is being talked about and so late there is other legislation that doesn't happen and there is Home Rule Legislation that is held back. He said what does go through are kinds of bills that come back to counties in the form of a mandate. One piece of legislation that is being proposed is a change in the Open Meetings Law that would require Clerks to publish all meeting records on the website at least 24 hours prior to a meeting. This could be very time-consuming and difficult for staff to comply with; Mr. Lane suggested the Government Operations should review. He said the implementation of Leandra's Law is another piece of legislation that will be difficult for counties to deal with. Mr. Proto, District No. 7 Legislator, said one item he asked Ms. Robertson to discuss today in Albany was with regard to the video -gaming (VLT's) at Aqueduct. He said it is costing the State over the last several years $2.4-$2.6 billion in lost revenue because people are going to Pennsylvania, New Jersey, and Canada. He said the impact of the 43,000 acres and potential of losing 400 equine related farms Statewide is devastating; there are 35,000 people employed in the industry. He said its not just horse racing, it has a lot to do with horse breeding and support services. He reminded Legislators Veteran's day is approaching and asked they pay attention to who needs flags in the cemeteries; organizations should contact the VFW if any are needed. Mr. Proto provided an update on the NYSEG rate increase proposal and said a few weeks ago comments were submitted to the Public Service Commission in Binghamton. He called attention to a recent article in the Ithaca Journal and said if the rate increases go through, the average utility cost increase according to Iberdola, is $230 per year. He said there is concern that NYSEG has still not produced an electric facilities and lines maintenance report that it had promised at the time they purchased the company. Mr. Proto noted Iberdola reported a profit increase of 16%, which equates to $1.22 billion. Mr. Burbank, District No. 12 Legislator, spoke of a tragic fire in the Town of Caroline Sunday evening that took the life of Tom Fox. Tom was a former Mental Health employee who had retired several years ago but is definitely remembered by the Department for his concern for his clients without regard to diagnosis or label and his desire to figure out a way to help people navigate the system to get what they need. Mr. Burbank said he knew Tom and was always struck by his wonderful sense of humor and ability to engage with all sorts of people regardless of their place in life. He was an amazing person and will be missed. He invited everyone to go to the Ithaca Journal's obituary site and leave a message of concern for the family. Mr. Burbank announced a celebration in recognition of the community of care that serves the people of Tompkins County on May 25th at 5 p.m. and encouraged all to attend. Ms. Mackesey, District No. 1 Legislator, reported on the garbage truck transportation issue and said the Upstate Task Force will meet tomorrow in Ithaca. She said she expects they will find out at that meeting whether the proposed regulations are still being considered. Presentation - Enfield Energy Black Oak Wind Farm — Enfield, New York Introduction to Wind Energy Marguerite Wells, Project Manager, presented the Legislature with the following Power Point presentation and this was followed by an opportunity for Legislators to ask questions. Wind generated electricity powers millions of American buildings, becoming the fastest-growing source of energy. Total of 10,000 MW were installed in the United States by the end of 2009. 148 May 4, 2010 Wind energy helps meet growing energy demands while improving the energy security and protecting the environment. - Eliminate fuel price risk Produce no carbon dioxide or air pollutant emissions Do not require water, mining, drilling, or transportation of fuel - Do not generate radioactive or other hazardous or polluting waste - Economic development jobs, income For seven years Enfield Energy, LLC has been in pre -development of the 20 -turbine 50 MW Black Oak Wind Farm to be located on a series of hilltops in Enfield, NY. 50 MW will provide power to nearly 56,000 homes over the course of a single year. Proposed Wind Farm Location: Black Oak Road in SW Enfield, just north of the Connecticut Hill WMA Windiest place in the County High-voltage transmission line crossing the site Existing Development 3.5 years wind data; Enfield Energy worked cooperatively with the Town of Enfield to create a local law specific to wind energy projects; - The development site is a combination of direct ownership and long-term land leases; Construction of some access roads developed; Started the SEQR process in April 2010; - Tompkins County Fire and EMS approved; Tompkins County Environmental Management Council support; NYISO queue position #336 Future Developments - EIS process begins this summer Customers needed for buying power -Letters of Intent or Power Purchase Agreements; Financial partner sought - Construction of wind farm The Development Team John Rancich — President Marguerite Wells — Project Manager Alexia Cable Hain — Energy Analyst Kay Callahan — Land Lease Specialist Mary Russell — Counsel Report from the Chair Ms. Robertson presented Legislator Shinagawa with a certificate for five years of service. She reported she was in Albany today to discuss gas drilling with Assembly Speaker Sheldon Silver and with Peter Grannis, Director of the Department of Environmental Conservation. She said although Mr. Grannis appears to support moving forward, she thinks trips should continue to be made to Albany to voice concerns over the dSGEIS and the entire issue of gas drilling. Report form the County Administrator 149 May 4, 2010 Mr. Mareane reported since the last meeting much of the work of his office has been preparing for the kick-off of the budget process. He recognized Norma Jayne, Executive Assistant, for her work on the budget. He said there was a group that came together after the Legislature/Department Head Retreat to talk about a programmatic approach and said he will be setting up a final meeting of that group. Mr. Mareane updated the Legislature on the Health Insurance Consortium and said unions met yesterday to talk about their concerns relative to representation on the Board. They have communicated with TCCOG (Tompkins County Council of Governments) Chair, Don Barber, and requested some clarification of issues but are beginning to discuss numbers of members on the board. Mr. Mareane said the discussion on reserves is continuing and he and Mr. Squires continue to work on this. He reported on the sale of the Biggs B building and said it is moving through the committee process. Sheriff Meskill spoke to the Public Safety Committee yesterday about the COPS (Community Oriented Policing Services). The Committee expressed support for the application being considered in the second round as it was not approved during the first funding round. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires was not in attendance. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by entitled Establishment of 2011 County Financial Goals. A voice vote on the motion resulted as follows: —1 (Legislator Robison). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda There was no business approved under the Consent Agenda. Presentation of Resolution(s) from the Government Operations Committee RESOLUTION NO. 64 - REFUND OF TAXES - VILLAGE OF LANSING (45.1-1-55.14) Mr. Lane, to add the resolution to the agenda Ayes — 13, Noes — 1 (Legislator Pryor), Excused MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, the Legislature is informed that an error has been made in the 2009 Lansing School Tax roll, namely parcel 45.1-1-55.14 located in the Village of Lansing, assessed to County of Tompkins, was erroneously charged for school taxes, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the school tax roll of $56,698.37 be corrected to reflect a total of $0.00, RESOLVED, further, That the Lansing School Tax Collector is directed to correct the 2009 school tax roll, RESOLVED, further, That the amount of $56,317.10 be charged back to the Lansing School 150 May 4, 2010 District and that the amount of $381.27 be charged back to the Lansing Library. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Dennis, Chair, reported the Committee will meet on May 10th RESOLUTION NO. 65 - ESTABLISHMENT OF 2011 COUNTY FINANCIAL GOAL MOVED by Mr. Dennis, seconded by Mr. Shinagawa. It was MOVED by Mr. Stein, seconded by Ms. Pryor, to amend the target to a zero -percent increase goal. Mr. Stein said these are hard times for everyone in the County and it is hard to put numbers on what is a reasonable tax increase. He thinks the Legislature should look at a target increase that is no more than a cost -of -living increase. He said in preparing for the Retreat he looked back to see what the cost -of -living and tax increases were over the last three years; over the last three years the cost of living has increased by 7%, last year the levy increase was 3% and 4% the year before. He said if this body does not increase the levy at all, then over the last three years it would mean the levy had been increased at the same level as the cost of living. He believes that equality should govern the goal set by the County Legislature. Ms. Pryor agreed with Mr. Stein's comments. She said this is a guideline; however, once this is set she believes it is unlikely that there will be any real pressure to go any lower than 5%. She believes there can be pressure to go higher but it is unlikely there would be any real look at what it would take to make the increase less than 5%. Mr. Shinagawa said in 2009 the goal was set at 2.99% and in 2010 the goal was 3% and this body adopted 4%. He said in looking at those budgets he believes this Legislature was very disciplined but noted in those budgets over $2 million of Fund Balance was used to cushion the levy; that lowered the levy and brought us to the position where we are at right now. He stated although having a 5% goal seems like a lot, this Legislature does not have the cash to work with in the 2011 budget and believes this 5% goal is incredibly ambitious and will require very tough choices to be made. Mr. Proto asked Mr. Mareane to describe what a 0% goal would equate to. Mr. Mareane said a 0% goal equates to a cut of $3.99 million and a goal of 5% equates to a $2 million cut in local spending. Mr. Proto noted this is setting a goal of where to begin the budget process and would not prevent anyone from examining any further cuts. Mr. Lane said he cannot support a five percent goal because of the pain people are experiencing in the Real Property Tax. He said there has been zero -percent goals before and although it would be painful to departments and residents, he supports the zero -percent figure as a goal. Ms. Mackesey said she cannot support a zero -percent goal; however, she does not think the Legislature has ever adopted a budget that was at a level lower than the goal established. She has constituents who are selling their homes because they cannot afford the cumulative impact of property taxes and she believes the goal needs to be set at a level somewhere between zero and five; the State is lowering the standard of living for residents by continuing to pass down unfunded mandates. Mr. Burbank agrees with much of what Ms. Mackesey said but believes the services the County provides to the citizens are vital. He said he would be in favor of a maintenance -of -effort budget because 151 May 4, 2010 he knows how important the services are to his constituent0. Mr. Burbank said the pain that would be endured by constituents is unfathomable at zero percent. Mr. Dennis said the County tax bill represents 20% of the overall property tax burden, but noted the County has the majority of the mandated responsibility. This year the County spent less money than was spent in the prior year. Mr. Dennis said setting the goal at 0% would be devastating to the most needy residents of the County. Ms. Robertson spoke of the background information that was presented at the budget retreat and noted Pension costs are going to rise substantially over the next three to four years and the County has no control over it. Ms. Herrera said she will not support the amendment. It's not that she thinks it would be impossible to achieve or not because it would be terribly unpopular with the public. She stated she can support a goal at a level of between a 2-3% increase because it will make the Legislature look hard, keep the long-term goals that have been set, and is consistent with the fiscal rigor that has been displayed in past years. Mrs. McBean-Clairborne said she cannot support a 0% goal as she believes it is unreasonable. She spoke of lost jobs and the correlating demand for services. She said we are looking at the very people who need those County services that are not mandated, therefore, she cannot just look at mandated services. Mrs. McBean-Clairborne said she will support a 5% increase but no more. Although she said she appreciates Mr. Stein's motion, she does not think it is fair to County employees or the residents who desperately need services. Mr. Stein spoke of his campaign and said the one message he heard repeatedly was about the pain caused to residents because of the property tax. He said he needs to know exactly what the pain would be to incur a 0% budget. Ms. Kiefer commented to Mr. Stein that as a new legislator he has the luxury of simply taking a theoretical approach. She pointed out that program committees will see what the impact of a 0% budget will be during program committee meetings during the summer months. She agreed the Legislature needs to work to keep taxes low but that does not mean it should take away needed services during hard financial times since that is when our safety -net services are most in demand. She thinks providing information can be done by paper instead of making the County Administrator and departments go though an exercise. She also noted that past legislatures sometimes lowered the County Administrator's recommended budget and the establishment of a tax -levy guideline for the County Administrator's use is relatively recent. She also noted it is too early in the year to have any certainty of what the situation will be in September, when the Legislature begins its work on the 2011 budget. Ms. Chock said a 5% budget represents over a 5% cut in what is currently being done. Residents need to know that we are still here to keep them safe and have services available such as overseeing water supplies, mental health services, and others. Ms. Pryor said she is greatly appreciative of the assistance she has received from her colleagues during her orientation to the Legislature. She said this is not the first time that she has had to make very difficult decisions. She echoed Mr. Stein's comments and said if she has to go back to her constituents in Lansing who are already facing very difficult fiscal situations she needs to be able to say exactly why this Legislature found it necessary to raise taxes. She said even if the goal is set at a 0% she doesn't believe the final budget would end up there, but she would rather begin at a level of 2 or 3%. Ms. Pryor said she does not believe it will ever end up there if it begins at 5%. 152 May 4, 2010 Mr. McKenna said he is not in favor of a 5% goal and would like to see it set somewhere between 3 and 5%. A voice vote on the amendment resulted as follows: 3 (Legislators Lane, Pryor, and Stein); Noes — 11; Excused — 1 (Legislator Robison). MOTION TO AMEND FAILED. It was MOVED by Mr. Lane, seconded by Mr. Stein to amend the motion to a 2.5% goal. It was MOVED by Mr. Stein, seconded by Mr. Dennis, to Call the Question. A voice vote on calling the question resulted as follows: Ayes — 13, Noes — 1 (Legislator Chock); Excused — 1 (Legislator Robison). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Lane, Herrera, McKenna, Pryor, and Stein); Noes — 9 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, McBean- Clairborne, Proto, Robertson, and Shinagawa); Excused — 1 (Legislator Robison). MOTION TO AMEND FAILED. It was MOVED by Ms. Herrera, seconded by Ms. Mackesey, to amend the motion to a 3% goal. Ms. Herrera said at today's Budget and Capital Committee she supported the five percent figure only in order to move the resolution to the full Legislature for discussion. Ms. Robertson noted that among Mr. Mareane's assumptions in the maintenance -of- effort budget was that there would be no additional cuts in State or federal funding that the County receives and said that is a huge assumption. It was MOVED by Mr. Dennis, seconded by Mr. Burbank, to Call the Question. A voice vote on calling the question resulted as follows: Ayes — 10 (Legislators Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, Pryor, Robertson, Shinagawa, and Stein); Noes - 4 (Legislators Chock, Herrera, McKenna, and Proto); Excused — 1 (Legislator Robison). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes - 6 (Legislators Herrera, Lane, Mackesey, McKenna, Pryor, and Stein); Noes — 8 (Legislators Burbank, Chock, Dennis, Kiefer, McBean- Clairborne, Proto, Robertson, and Shinagawa); Excused — 1 (Legislator Robison). MOTION TO AMEND FAILED. It was MOVED by Ms. Chock, seconded by Mr. Burbank, to Call the Question on the main motion. Ayes - 8 (Legislators Burbank, Chock, Dennis, Kiefer, McBean-Clairborne, Robertson, Shinagawa, and Stein); Noes - 6 (Legislators Herrera, Lane, Mackesey, McKenna, Proto, and Pryor); Excused — 1 (Legislator Robison). THE QUESTION WAS CALLED. A voice vote on the original motion resulted as follows: Ayes - 8 (Legislators Burbank, Chock, Dennis, Kiefer, McBean-Clairborne, Proto, Robertson, and Shinagawa); Noes - 6 (Legislators Herrera, Lane, Mackesey, McKenna, Pryor, and Stein); Excused — 1 (Legislator Robison). RESOLUTION ADOPTED. WHEREAS, the County Administrator has requested the Legislature establish a tax -levy guideline for him to use in working with departments and preparing his recommended budget for 2011, and WHEREAS, as of April 27, 2010, the County Administrator estimates that a maintenance -of - effort budget would require a 10.2 percent tax -levy increase, and WHEREAS, it is too early in the year to have any certainty about what conditions in New York State will be this fall, and WHEREAS, the Legislature recognizes that whatever tax -levy percentage is adopted today is a 153 May 4, 2010 tool for the County Administrator to use, and not necessarily the Legislature's goal in the fall, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Legislature directs the County Administrator to prepare his recommended 2011 budget using a maximum tax -levy increase of 5 % as a guideline. SEQR ACTION: TYPE II -20 Recess Ms. Robertson declared recess at 7:56 p.m. The meeting reconvened at 8:02 p.m. Mr. Stein was excused at this time. Report from the Planning, Development and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee will meet tomorrow. Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, reported general population enumeration started at the beginning of the month and the college enumeration is continuing. She said with help from President Haynes there was great success in increasing the count at Tompkins Cortland Community College. She announced the May 11 meeting has been canceled. Report and Presentation of Appointment(s) from Public Safety Committee Mr. Shinagawa, Chair, reported the Committee met yesterday and had an update on the COPS (Community Oriented Policing Services) grant. There was also a report on short- and long-term needs of the Public Safety Building. The Committee approved a resolution to increase rates on inmate phone calls at the Jail; that resolution will come before the Legislature at its next meeting. Mr. Shinagawa reported the Committee discussed Ms. Bodnar's Alternatives -to -Incarceration report and recidivism data. Ms. Bodnar is working with Pat Buechel, Director of Probation, on pulling together information on recidivism and will present it to the Committee at a future meeting. He noted there is an approximately $4,000 cost to gather the information and they are looking for a State sponsor for that work. A report was also given to the Committee by Susan Cook, Chair of the Criminal Justice Advisory/Alternatives-to-Incarceration Board, on juvenile justice. Appointment It was MOVED by Mr. Shinagawa, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to appoint Brian Wilbur to the Emergency Communications Review and Oversight Committee as a Countywide EMS representative for a term expiring December 31, 2010. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met last week and is close to completing a workplace climate survey. Ms. Herrera reported today the 6th Annual Careers and Construction Day was held at B.O.C.E.S. and noted employees from the County's Highway Division contributed to this very important event. Report from the Health and Human Services Committee 154 May 4, 2010 Mr. Proto, Chair, announced the Office for the Aging annual luncheon on May 11th. He provided a brief update on the status of the search for Public Health Director and announced the Environmental Health Division's annual report came out last week. The report is very extensive and he encouraged members to read. Mr. Proto announced next Thursday is the Women's Expo at TC3 and Mrs. McBean- Clairborne and Diane Bradac of Workforce Development will be recognized. The next meeting will be May 12. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee held a special meeting last Friday to discuss Solid Waste proposals. The Committee will meet on May 7th at the Public Works building on Bostwick Road and will hear more from Solid Waste on the proposals. Ms. Kiefer spoke of the Hanshaw Road construction project and in response to Ms. Cowan who spoke under privilege of the floor. She said it is her understanding that it is correct that the maps that were available to people at the Eminent Domain hearing were out-of-date. There were two reasons. She said there is limited Staff and time and updating the maps costs money, in addition, staff were waiting for comments from the State Department of Transportation on the project so that they could use those comments to help in adjusting the maps. Those comments have still not been received. She assured everyone that when representatives of the Eminent Domain consultants go to talk with individual property owners they will have easy -to -understand maps that will be updated and will reflect the Coddington Road decision. Ms. Kiefer said she and Mr. Stein are responding to individuals as they contact them and she hopes that within a few months they will be assured that every property owner has been treated fairly and equitably and are satisfied. Report from the Capital Review Committee Ms. Robertson, Chair, reported the Committee has not met since last the Legislature meeting. The next meeting will be May 13th Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met prior to this meeting to approve two resolutions, one of which was acted upon earlier. RESOLUTION NO. 66 — IN SUPPORT OF ASSEMBLY BILL A.10633 - AMENDING STATE ENVIRONMENTAL CONSERVATION LAW TO ALLOW LOCAL GOVERNMENTS TO ENACT OR ENFORCE CERTAIN LAWS AND ORDINANCES MOVED by Mr. Lane, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, the slickwater hydrofracturing process used for accessing and utilizing Marcellus shale gas reserves requires/includes use of heavy trucks to transport water, chemicals, and other materials to extraction and processing sites, thereby posing potential damage to local roads that are not designed for heavy-duty truck usage, and WHEREAS, not all locations are equally appropriate for industrial development, and WHEREAS, New York State reserves to itself the regulation of oil, gas, and solution mining activities, and WHEREAS, in New York State land -use authority, such as adoption of zoning ordinances, is in the hands of towns, cities, and villages, and WHEREAS, clarifying the relationship between these two regulatory authorities, especially with 155 May 4, 2010 respect to Marcellus shale drilling, is in the best interests of all residents and communities in New York State, and WHEREAS, on April 13, 2010, A.10633, which clarifies the role of municipalities in governing oil, gas, and solution mining development within their local jurisdictions, was introduced by Member of Assembly Barbara Lifton, (and as of April 14 had 17 co-sponsors), and WHEREAS, A.10633 makes clear that local governments can enact and enforce certain laws and ordinances that regulate the location, construction, and use of buildings and land within municipalities, as delegated to local governments by Article IX of the New York State Constitution, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature, on behalf of its residents and constituent municipalities, endorses and supports A.10633, urges our three State Senators to sponsor similar legislation in the New York State Senate, and urges the New York State Association of Counties to champion passage of this important and timely legislation. SEQR ACTION: TYPE I1-20 Approval of Minutes of April 20, 2010 It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of April 20, 2010. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 8:30 p.m. 156 May 18, 2010 Regular Meeting Call to Order Ms. Robertson, Chair, called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. (Legislator Dennis arrived at 5:50 p.m.) Excused: 1 (Legislator Chock). Legislators Mackesey and Kiefer were excused at 8:48 p.m.; Mr. Dennis was excused at 8:55 p.m. Presentation of Proclamations Ms. Robertson presented Ms. Holmes, Office for the Aging Director, with a proclamation declaring May 2010 as Older Americans Month. Ms. Holmes thanked the Legislature for honoring the older adults of Tompkins County and noted they are very great resources, adding to the culture, knowledge base, and being a very vibrant part of the community. Ms. Holmes will provide an overview of the Office for the Aging Services in August. Ms. Robertson presented Catherine Wedge, Community Educator for the Mental Health Association, with a proclamation declaring May 2010 as Mental Health Awareness Month. Ms. Wedge expressed appreciation for the County's support of her agency, mental health awareness, and the treatment of mental health. She noted the Mental Health Association has been in existence since 1954. Distinguished Youth Award Mr. Robison, District No. 9 Legislator, presented the May 2010 Distinguished Youth Award to the 2012 and 2013 Groton High School Class Officers. The joint Cotillion held by these classes highlighted Breast Cancer Awareness, integrating the colors of pink and black in all aspects of the event. In addition to using and wearing the colors, students sold Awareness Ribbons, raising $716.50 for cancer research and cures. Mr. Robison was pleased to hear of their choice of charities, noting his wife's family has a history of breast cancer and he has a very dear friend undergoing treatment. He expressed his pride in the youth for their initiative. Joel Twichel and his sister Jordan, each officers, thanked the Legislature, parents, high school staff, and others for their support and noted it is an honor to be of service to their community Moment of Silence A moment of silence was held in honor of former Board of Representatives member Phil Shurtleff. It was noted he was on the County Board from 1981 through 1993, including a term as Vice Chair. Privilege of the Floor by the Public Lisa Wright of Ithaca read the following statement on behalf of Dr. Michelle Bamberger, Town of Ulysses resident: "I strongly urge the legislators to pass this important resolution [regarding a ban on hydrofracturing] this evening. I grew up in a small town in south Jersey, across the Delaware River. The town's main industry was, and still is, chemical refinery of oil and gas fuels. Our air smelled foul, and the water tasted strange. As a child, I grew accustomed to the bad air and water. Our back yard was cut 157 May 18, 2010 through by railroad tracks on which traveled freight cars bearing the refined chemicals; each car was marked with a skull and cross bones and bearing the words POISON and KEEP AWAY and DANGEROUS. "I came to Cornell 29 years ago to interview at the vet school. I was amazed by the beauty of the region, but most of all the water (and this was city water as I stayed at a bed and breakfast downtown) and the fresh air. I drove back home on Rt. 79 out of Ithaca thinking that if Cornell was foolish enough to accept me, then this is where I would go. They were foolish enough, and this is where I have lived ever since, except for sabbaticals at Oxford and Harvard. "I think most people you will hear from tonight do not know what it is like to grow up in a highly polluted atmosphere. We are hardy creatures, and we can get used to anything, but do we really want to put ourselves, our children and grandchildren in a position to grow up as I have, knowing too well what contaminated air and water are like? This is what drove me to help draft the CU Faculty Senate resolution urging a moratorium on fracking on University lands, encourage similar resolutions in the University and Student Assemblies, to write the letter requesting Peter Meinig, Chairman of the Board of Trustees, to recuse himself from all decisions on the leasing of lands and gather over 100 co-signers, and continues to drive me to join countless groups all across our state in their efforts to educate the public on the need for hard science on the process and cumulative effects of slick water high volume hydraulic fracturing for natural gas. "As evidenced by past and more recent catastrophes all across our country, it is obvious that the energy industry cannot extract fossil fuels and make the profit they promise their shareholders. The big question is, will they continue to take shortcuts even after more regulations are in place? From everything I have read, they will be forced to because safe extraction takes extra time and it is expensive to run a rig. "When I go home and visit my dad, I realize that the air smells worse than it ever did, so bad that I cannot walk outside without holding my nose, and I don't dare drink the water. He tells me it's all the same to him, and I realize that now I am accustomed to what we all should be: clean air and water." Ken ZeSerson, Chair of the Town of Ulysses Planning Board and Gas Drilling Advisory Board, supported the resolution and noted Ms. Bamberger is part of their advisory board. He recommended taking note of other areas where hydrofracking has occurred to determine potential outcomes. Mr. ZeSerson said the BP oil -rig tragedy is an example of what could happen without plans in place for potential problems. He said any work done by the Legislature without stopping hydrofrack gas drilling would be like polishing the silverware on the Titanic; it just wouldn't matter. Mara Alper, Strawberry Hill Circle, spoke in support of the resolution to ban hydrofracking and asked that the County include a request to determine the risks regarding water as well. She spoke of the need to develop water as a public trust to be protected and noted the State Assembly bill A.4614 requires drilling companies to restore or replace supplies of water affected, but she is concerned it would only follow years of litigation. Martha Ferger, Environmental Management Council (EMC) member, spoke in support of the resolution and noted the EMC voted in support of the companion bills. She commended the Legislature on preparing a succinct and accurate analysis of a complicated matter and urged support for it. Mamie Johnson, Ithaca resident and President of the League of Women Voters of Tompkins County, spoke in support of the resolution to ban hydrofracking. The National League of Women Voters has long supported protection and judicious use of water resources, air quality, and care for land. She asked that the State not allow it to occur before determining a safe manner to drill and proceed with caution. 158 May 18, 2010 Nancy Spero, representing Enfield Neighbors for Safe Air and Water, spoke in support of the resolution to ban hydrofracking. She noted water is a precious resource to be protected and that other safe methods should be sought as well as support that use of alternative energy. Fay Gougakis, City of Ithaca resident, spoke in support of the resolution to ban drilling. She spoke of the BP oil -rig fire and how the company did not take appropriate steps to safeguard the operation. She agrees that there should be a public trust for water. She also suggested copies of the resolution be forwarded to President Obama, Federal representatives, the New York State Watershed, New York City, the Town of Skaneateles, and Cornell University. Although the gas produced would provide adequate energy for the country for a two-year period, she believes conservation and limited population growth is a better alternative. Bernie Hutchins of 1016 Hanshaw Road made the following statement: "From about October of 2009, the county and/or it agents have been manipulating Hanshaw Road property owners with what is now acknowledged to be an improper set of maps. "At your last meeting, May 4, 2010, Ms. Kiefer described these maps as "out of date", "a mistake", and as "inappropriate". Inasmuch as these words are not all part of the minutes of that meeting, which you have for approval on your agenda tonight, I submit below a verbatim transcript of the relevant comments during the Facilities and Infrastructure Committee report, for the record. "Mr. Wood apparently claims that as long as these maps describe parcels accurately (in the sense of a land survey) than they are valid for the purpose of the eminent domain hearing. He is wrong, on three counts. "First, certain parcels, or portions of maps, were not even included on the taking list, because the county had not taken into account the Coddington Road decision. These parcels were considered already owned. "Secondly, accurate maps were needed in order for a property owner to defend against eminent domain. Mr. Wood told this legislature that one of the few ways a property owner could contest eminent domain was by showing that the proposed taking was NOT for a public use. Without an accurate construction diagram, showing THE PROPOSED USE, logic requires that there can be no claim OF - A PUBLIC USE. [Incidentally, the other way that Mr. Wood said eminent domain might be contested, was by showing procedural error.] "Thirdly, and even more egregious, a property owner seeing the county's widespread claim of a 25 foot ROW as a "Highway Boundary by Deed", on an inappropriate map, might well feel it meant the County had produced its OWN highway deed; that a protest was not even possible, and not make one. "The use of inaccurate maps, apparently a knowing use, has violated the rights of property owners since Fall 2009, prior to and during the eminent domain hearing, and continues as the clock ticks down on your Determination and Finding. If the county did not know of this failing, their consultants did, or should have. Further, there seems to be a "pass it now and fix it later" notion afoot. John Lampman seems to feel that: "it is acceptable to change the maps at a later time". If he is relying on Section 205 of the NYS EDPL, he should read it carefully. It says: " ... only in the event that further study of field conditions warrant ..." Only clearly means - not generally. Further study means something new - not something known for years. Field conditions mean something in the field (perhaps striking bedrock) — not something in the courtroom! Warrant means you have to justify each instance. 159 May 18, 2010 "I urge the Legislature NOT to pass a Determination and Finding until past mistakes are remedied, and until the Constitutional rights of property owners to due process are restored. Attached Verbatim Transcript On May 4, 2010, at the Tompkins Co. Legislature Meeting, Dooley Kiefer, Martha Robertson, and Will Burbank said the following, verbatim (Audio Recording Part 2, approximately 21 minutes — 24 minutes): Dooley Kiefer: " The other thing I want to report on is really a comment that was thought of in response to the woman who spoke under privilege of the floor about Hanshaw Road. I can't remember whether at this level I have said what I think happened, and why they were unhappy with the eminent domain hearing — the open house that took place before our eminent domain hearing. I don't like to repeat myself so if I've said this, stop me right away. But my understanding is that it's correct that the maps that were available to those folks were out of date — they had not been updated. Did I tell you all this? - - -" Martha Robertson: " -- There have been plenty of questions about this —" Dooley Kiefer: "- - - The reason being two -fold: there's limited staff and limited time, and updating maps costs money. And the staff were waiting for comments from state DOT on the project — so that they could use those comments to help in adjusting the maps. Those comments from the state DOT have still never come, so maybe they are not going to come. But the maps that were out there for people to use were really inappropriate and it was a mistake — I think — the decision that was made. And what I can assure everybody of now is that when representatives of the eminent domain consultant go to talk with individual property owners, they will have actually easy to understand maps that will be updated and will reflect the Coddington Road decision so that should not — not — that should no longer be a problem. And Peter, as the legislator who represents that district has been getting phone calls about this. He warned me that there may be a huge delegation again tonight to talk about this — there wasn't — there was one thoughtful person who spoke her mind. But I think that between Peter and me we are responding to these people as they contact us, and I hope that within a period of a few months we will be assured that every property owner has been treated fairly and equitably and will be satisfied." Martha Robertson: "That's very helpful — thank you Dooley — Will?" Will Burbank: "Dooley thank you for saying that. I was struck by the reasonableness of Mrs. Cowan and what she was asking for, and one of the things she proposed was a sit-down meeting - back and forth kind of questions with Legislators." Dooley Kiefer: "And Peter and I have talked about this but he's off to France. We'll talk about it at the F&I committee and see if that is the direction the committee thinks we should go. I am of two minds about that." Martha Robertson: "I've talked to Peter about it a little bit. I just add I think it might be worth waiting until people have seen the correct maps —and if that takes a little longer — but — just one — one thought about it." Submitted by Bernie Hutchins, May 18, 2010, under Privilege of Floor for inclusion, verbatim, in the record. Ellen Harrison, representing (F)leased, a newly formed group of landowners who had leased their property prior to the Marcellus Shale activity and associated potential problems from hydrofracking. She supports the resolution and noted they had not been told of the toxic chemicals that would be injected into the land and it is necessary to have time to determine the best method to deal with this industry. She also asked the County to consider passing a resolution that no County lands would be leased for the purpose of gas drilling. Katherine Halton, Town of Danby Board and Task Force on Drilling member, spoke in support of the resolution, noting as the most southern municipality they may be the first to have to deal with the issues of gas drilling. She spoke of concerns regarding water quality and asked that there be more time provided to study and understand cumulative problems associated with hydrofracture gas drilling. 160 May 18, 2010 Dr. Adam Law spoke as a physician in support of the resolution, expressing concerns relating to potential physical harm due to the chemicals used in the hydrofracture process. He said as a doctor it is important to remember, "First, do no harm". He explained The Precautionary Principle: "When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof. The process of applying the precautionary principle must be open, informed, and democratic and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action." Wingspread Statement on the Precautionary Principle, January 1998. Dr. Law also shared an accounting of severe physical trauma experienced by an emergency room nurse, almost costing her life, as a result of treating a gas -field worker for chemical exposure. He stressed the need to pause to determine the overall harm to human health. Catherine Wagner, Town of Dryden resident and Chair of the Natural Resources Committee of the Tompkins County League of Women Voters, said she supports the resolution to ban drilling and said the land and resource preserved should not be seen as a commodity. She said many areas need to be reviewed: truck traffic, pollution, how transient workers fill hotels and low-income housing. Ms. Wagner would like the County to speak out that all watersheds need protection, not just New York City. John Spence, Director of Better Housing of Tompkins County, shared information on the home repair program that provides assistance to low-income seniors and disabled individuals. This program allows residents to remain at home and avoid costly alternatives by providing the labor and expertise to make repairs, with the homeowners providing materials. He also noted that United Way and the County Office for the Aging offer grants to some residents for the materials, which is paid back to allow future grant assistance. In addition to grants, a member -item grant was awarded that allowed the agency to purchase a van and tools. Mr. Spence said last year the agency helped 90 households with a variety of repairs and currently have 30 households on a waiting list. The average homeowner is a 71 year-old female with an income of $14,500. Elmer Ewing, resident of Slaterville and member of Shaleshock, spoke in support of the resolution to ban gas drilling and spoke of the potential water and air pollution resulting from drilling in New York State. Mr. Ewing said there is no history of horizontal fracking in New York, is only a decade old to understand potential problems from the chemicals, and the experience of this type of drilling in other states has created problems of water and air pollution. He said although people acknowledge this they claim it is human error and noted the process was made by man, not an android. Chris McConkey, Aiken Road resident, spoke in favor of the resolution to ban gas drilling and hopes that any review would include the socio-economic aspect. It was suggested that Secretary of State Clinton be provided a copy, noting that when she was a Senator from New York she supported protection of the Finger Lakes National Forest. He pointed out that compulsory integration is a "taking" and is a questionable legal construct that needs to be addressed. John Ward, Director of Homeless Services of the American Red Cross and Coordinator of the Food Distribution Network, spoke of the need to bring attention to the 2010 study of hunger in America. He shared information of how there is a lack of food security that has increased in the six -county area since the economic downturn. Mr. Ward shared statistical information on the groups requiring food assistance and also choices individuals are making relating to food versus utilities, heat, and medicine. Darlene Gold, Hanshaw Road resident, spoke as part of an organized group regarding the Hanshaw Road Reconstruction Project. She informed the Legislature of her objections of the proposed project and asked for assistance. She said the group is deeply distressed by the proposal and means the County Highway Division is using. She said, "taxpayers have the right to expect that their local government is run in a transparent and ethical manner and that government officials and employees are 161 May 18, 2010 acting in the best interest of the taxpayers." This quote from Steven Hancox of the New York State Division of Local Government and School Accountability applies here. The County's proposal is for a $3.7 million dollar project with eighty-five percent of the funds coming from the Federal government. It is understandable that the County welcomes this infusion of funds. The Highway Division's proposal includes a widening of the driving lanes, which will speed up traffic and have negative impacts to our neighborhood. She asked that the County revise its plans and omit the widening of travel lane. Linda Lavine of Ringwood Road spoke in support of the resolution to ban gas drilling. She has many neighbors who signed leases and is concerned how it will affect her acreage. She would like to see the natural aspect of the area remain as it is and to keep the water safe. Bruce Murray of Brooktondale spoke in support of the resolution to ban gas drilling. He does not believe the New York State Department of Conservation would be able to manage overseeing the industry. He took exception to Mr. Grannis asking for stricter studies of well -water in the Syracuse and New York City areas and does not understand why these areas should have their water protected more than our locality. Mr. Murray also said he drove for a six -hour period in Pennsylvania on various road and had first-hand experience viewing the damage done to their infrastructure. He noted for every one car there were 20 tanker trucks between the hours of 10 a.m. to 2 p.m. Amy Kohut, Grove School Road, spoke on behalf of herself and other neighbors involved with (F)leased, supporting the resolution to ban gas drilling. She said along with neighbors there are 300 acres of contiguous land that could be involved. She noted that due to contamination there could be a shortage of water available in our area. She commended the students honored tonight and said that future students may have to raise funds for water. Bill Podulka, made the following statement: "I reside in the Town of Caroline. For the last year and a half I have been actively involved in researching and understanding the likely impacts of shale gas drilling. I now know way more than I ever wished to about this issue. When I first learned about what shale gas drilling was like, my gut reaction was that this did not make sense for the Finger Lakes region. The more I have learned the more I have become certain that that is the case. "I applaud the Tompkins County Legislature for taking up this issue and considering this legislation. Many, many people in our county are so busy with their daily lives that they have neither the time nor the energy to become involved now, yet they will all feel the negative impacts if this industry moves into Tompkins County in its present form. It is up to the legislature to act pro -actively in their best interests, and I strongly urge you to approve the resolution before you. "I would like to highlight briefly the economic issue. "Frequent claims of economic salvation through gas drilling are unfortunately no more grounded in reality than assertions that drilling for oil in the Gulf of Mexico could only lead to a minor release of oil. The reality is that economic improvement through resource extraction is the exception rather than the rule. A review paper of economic studies done for rural regions found that in only 16% of the cases did resource extraction lead to an improvement in the unemployment rate, whereas in nearly two-thirds of the cases the rate increased. In terms of poverty, in only 20% of the cases did the poverty rate decline, whereas it rose in nearly half the cases. A recent study focusing on natural gas extraction in various western counties is consistent with these findings. As a summary of their findings, the authors of the review paper state: "Until or unless future studies produce dramatically different findings, there appears to be no scientific basis for accepting the widespread, `obvious' assumption that mining will lead to economic improvement." Shale gas drilling methods must change dramatically before being used in New York. 162 May 18, 2010 "The following statement is by my wife, Sandy Podulka: "It is critically important that we request a ban on high-volume hydraulic fracturing (HVHF) in NY pending further independent scientific study: that means not funded or influenced by industry. Furthermore, the research needs to demonstrate that gas extraction involving HVHF does not put our water, environment, health, and comm. unities (either economically or socially) at risk. And, the research needs to show that drilling will not have a net negative impact on the average resident. Long- term, cumulative, and indirect impacts should be addressed as well as current ones. "It is not clear whether the EPA study will meet these criteria: if it is to believed, it would need to be free of industry influence, otherwise, it will be a sham. Thus, we need to be careful not to let too much ride on the findings of that study, until it can be determined how much politics and industry will influence it. "So, I like the wording of this resolution because it includes the EPA study as only one of several, although I would spell out the research requirements more precisely, as I just described. And, most important, I think we want to be clear that unless the studies actually demonstrate the complete safety and benefits to the average resident of drilling, in keeping with the precautionary principle, the ban on HVHF should not be lifted. "Furthermore, I would like to ask that if HVHF is not banned throughout the state, municipalities be allowed to ban it within their boundaries. And, I would like Tompkins County to ban gas operations using HVHF from county -owned land unless appropriate research shows it to be safe and beneficial." Judy Pierpont, Town of Dryden resident, spoke in support of the resolution to ban gas drilling and commended the Legislature on its content. She also said it is important to have the State hear concerns. She believes no drilling should occur for at least two years while studies are undertaken. Helen Slottje, Town of Ithaca, spoke in support of the resolution, calling attention to the lack of information known regarding the horizontal hydrofracking method of gas drilling. She commented on a comment to investors regarding this drilling procedure, noting Schlumberger held a conference call with investors; the CEO stated, when discussing shale gas production, "at the moment we are doing it by brute force and ignorance. As such, there seems to be no reason to wait for the EPA to do its study. Perhaps even industry will learn something." Rebecca DeWitt, Town of Caroline resident and member of Residents Opposing Unsafe Shale Extraction (ROUSE), said she supports the resolution and expressed concerns relating to how leases held by neighbors will affect her property. She had purchased the land for its peace and beauty, all of which could be gone if drilling operations begin in her area. In addition, due to the high elevation of the property and proximity of the Susquehanna and Cayuga Watersheds, gas drilling in the locations has the potential of contaminating water supplies. Carolyn Eberhard from the Town of Caroline said she supports the resolution to ban gas drilling. As a scientist she supports evidence -based facts and it is important to have an understanding of what could occur as a result of hydrofracking. She shared information regarding New York State Electric and Gas Corporation's Seneca Lake storage domain, noting there have been problems with pipelines due to the use of pesticides. In addition, she reported a gas line accident with a Connecticut firm who prided itself on safety who lost three workers due to an explosion. Ms. Everhart also noted concern of mental health issues that may result from the high -traffic as well as the connection between breast cancer and the hydrofracking fluid in use. Cyrus Umrigar of Brooktondale said he supports the resolution to ban gas drilling and hopes the Legislature will adopt it. 163 May 18, 2010 Special Topical Presentation and/or Legislative Discussion Ms. Robertson announced the presentation by the Probation and Community Justice Department has been postponed. Report from a Municipal Official(s) Village of Groton Jeffrey Evener, Village of Groton Mayor, expressed pride in the youth present for the May 2010 Distinguished Youth Award. He shared that he too was a graduate of Groton High School. Mr. Evener said the Village has completed its 2011 budget process and, like other municipalities, is struggling due to the economic downturn. After a great deal of work, the tax levy increase will be three percent, with a two percent tax increase. In addition, the Village has begun a $4.2 million capital project for the wastewater treatment plant; this project did not fall into a Federal Stimulus category and will require a 160 percent increase in the sewer rate. The Village was able to seek thirty-year low -rate funding from the Environmental Facilities Corporation and United States Department of Agriculture for the project. Mr. Evener spoke of the recent addition of Plastisol Composites to the Groton Industrial Park. He invited Legislators to Groton to celebrate its 150th anniversary between June 11 and 13. Town of Caroline Mr. Frongillo, Town of Caroline Board member, reported the Town of Caroline is concerned with how gas drilling could affect the Town's assets. As a result they are reviewing the local road preservation law and designation of critical environmental areas. As part of this work letters were sent to every household for input. The town is also reviewing home rule as it relates to gas drilling and stormwater laws to find a way to allow municipalities home rule regulations to provide protection at the local level. He commended the Tompkins County Planning Department for their work analyzing and commenting on the GEIS. Mr. Frongillo said towns have considered a moratorium on wind turbines and perhaps it is possible to do the same with this industry. He spoke of being a member of the New York State Climate Action Plan Committee (Integration Panel and Residential/Commercial/Industrial portion) and that it is the most ambitious in the country, requiring a reduction of carbon emissions by 80 percent. To meet this goal, residents would be required to reduce down to zero, however, with a hyrdrofracking industry he is uncertain this goal could be met. He urged support of the resolution to ban gas drilling. Resolution(s) to Add to the Agenda It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add the resolution entitled "Calling on the Governor and Legislature of New York State to Ban Hydraulic Fracturing Pending Further Independent Scientific Assessments to Determine the Risks, Greenhouse Gas Emissions, and Social and Economic Costs Associated with Hydraulic Fracturing, and in Support of A.10490/S.7592" to the agenda. RESOLUTION ADDED. Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee 164 May 18, 2010 RESOLUTION NO. 67 - CALLING ON THE GOVERNOR AND LEGISLATURE OF NEW YORK STATE TO BAN HYDRAULIC FRACTURING PENDING FURTHER INDEPENDENT SCIENTIFIC ASSESSMENTS TO DETERMINE THE RISKS, GREENHOUSE GAS EMISSIONS, AND SOCIAL AND ECONOMIC COSTS ASSOCIATED WITH HYDRAULIC FRACTURING, AND IN SUPPORT OF A.10490/5.7592 It was MOVED by Ms. Mackesey, seconded by Ms. Pryor, to adopt the following resolution. Ms. Mackesey expressed appreciation to Ms. Robertson for the work she has done regarding the issue of gas drilling. It was MOVED by Ms. Kiefer, seconded by Mr. Stein, to amend the first WHEREAS to read: "....New York State Environmental Conservation, Mineral Resources Division, Bureau of Oil and Gas Regulation issued....". A voice vote on the amendment resulted as follows: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Lane, McBean-Clairborne, Shinagawa, and Stein); Noes — 7 (Legislators Herrera, Mackesey, McKenna, Proto, Pryor, Robertson, and Robison); Excused — 1 (Legislator Chock). MOTION FAILED. Mr. Stein said that while he is in favor of not engaging in extensive hydrofracture drilling until it is studied, he is uncomfortable making technical statements he does not understand. He said it is accepted that natural gas is widely viewed as cleaner and why it is substituted for other energy sources. Although he supports the issue he cannot support the resolution. Ms. Robertson responded that although natural gas burns cleaner, when the distribution, extraction and other aspects of this industry are all calculated, gas has a larger carbon footprint. In addition, leaks throughout the system are the biggest concern; the Environmental Protection Agency assumes 1.5 percent is leaked. Last year the State of Texas attempted to put a cap on leaks of 5 percent; the industry fought the regulation, stating there was no way to be able to reduce leaks to the five percent level. Ms. Kiefer indicated the resolution speaks of the "emerging" issues; in addition there is concern on how this industry would affect greenhouse gas emissions. Mr. Proto said he had the same concerns as Mr. Stein, which is why he had suggested a qualifier that natural gas is "most likely" cleaner. The total calculations within the resolution are associated with the extraction process. Mr. Dennis said he will support the resolution. He suggested that resolutions being amended by the full Legislature be projected to a screen to more easily know what was suggested and passed. It was MOVED by Mr. Lane, seconded by Ms. Mackesey, to Call the Question. A voice vote resulted as follows: Ayes — 11; Noes — 3 (Legislators Herrera, Kiefer, and Stein); Excused — 1 (Legislator Chock). MOTION ADOPTED. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator Stein); Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, on September 30, 2009, the New York State Department of Environmental Conservation (NYSDEC) issued a draft Supplemental Generic Environmental Impact Statement (dSGEIS) on high volume, slickwater hydraulic fracturing (HVSWHF) with horizontal drilling as proposed for the Marcellus Shale, and more than 14,000 comments on the dSGEIS were submitted, many pointing out significant defects and a reliance on incomplete or flawed studies, and WHEREAS, New Yorkers' concerns include questions about the ability of the NYSDEC, with its current staffing levels and its proposed regulations, to protect our natural resources and prevent permanent damage to our environment, and 165 May 18, 2010 WHEREAS, recent disasters in West Virginia's coal mines and at the drilling rig in the Gulf of Mexico highlight the dangers inherent in extractive mining, with particular concern about the possible role of methane (the main component in natural gas) in these events, and WHEREAS, the Tompkins County Legislature has passed resolutions stating its concerns about gas drilling on December 2, 2008 (Resolution No. 252-08), May 19, 2009 (Resolution No. 84-09), and December 15, 2009 (Resolution No. 250-09), and WHEREAS, based on experience in other states where this drilling has been underway for years, the concerns include but are not limited to: • air pollution (ground level ozone and smog) at and near drilling sites; • threats to groundwater and surface water supplies from accidents on the surface, as well as subsurface failures of casings and the hydrofracking process itself; • depletion and degradation of New York's lakes, rivers, streams, and wetlands; • long-term consequences from infusion of potentially toxic chemicals into the ground; • dangers from drill cuttings and flowback water, which may be unsuitable and unsafe for disposal in New York's landfills and wastewater treatment plants; • deleterious effects of noise and light from 24/7 drilling on the natural habitat of our region and our residents' health and quality of life; • significant damage to roads and bridges, resulting in loss of mobility and economic activity even if drilling companies eventually rebuild the damaged infrastructure; • fragmentation of our landscape, with loss of vital habitat for wildlife and significant increase in "edge" habitats which stimulate growth of invasive species; • damage to existing economic sectors, including agriculture, hunting and fishing, tourism, and higher education; • social disruption, including increase in crime rates and demand for emergency medical services, and greater disparity between high- and low-income households; • economic costs to residents and local governments, including higher inflation, increased pressure on housing and consequent homelessness, and precipitous drop in property values; and WHEREAS, in addition to these concerns, methane ("natural" gas) is 72 times more potent than carbon dioxide in heating the planet according to the Intergovernmental Panel on Climate Change (2007). Therefore when all greenhouse gas emissions related to HVSWHF are calculated, including emissions from extraction, distribution, and use, natural gas is likely not "cleaner" than other fossil fuels and may be more damaging than coal, and WHEREAS, rigorous scientific investigations of these issues are just beginning, including a study of the full life -cycle emissions of shale gas, the social and economic costs and benefits of the industry, and the federal Environmental Protection Agency's (EPA) study of potential relationships between hydraulic fracturing and water resources, and WHEREAS, New York State has acknowledged the dangerous potential for negative impacts with its determination that individual environmental assessments will be required for any wells in the New York City and Syracuse watersheds, and WHEREAS, New York State has so far not committed itself to a course of action with respect to shale gas drilling in the Marcellus Shale or the Utica Shale, and WHEREAS, in April 2010 companion bills (A.10490/S.7592) were introduced in the New York State Legislature to establish a moratorium on hydraulic fracturing for natural gas or oil until 120 days after the EPA issues its report on the effects of hydrofracturing on water quality and public health. The moratorium will sunset 120 days after the issuance of a new Environmental Protection Agency report, which is intended to allow the state agencies and state residents the opportunity to review and make use of the Environmental Protection Agency's new report, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature hereby urges New York State to ban HVSWHF operations pending further independent scientific assessments, including the EPA study, research on the life -cycle greenhouse gas emissions of shale gas, and the social and economic impacts of the industry, RESOLVED, further, That the Tompkins County Legislature hereby supports passage of A.10490/S.7592 (Englebright/Addabbo, attached) titled "An act to establish a moratorium upon conducting hydraulic fracturing pending the issuance of a report thereon by the federal Environmental Protection Agency", RESOLVED, further, That at the very least, the same standards should be applied to all of New York State that the DEC has indicated it will apply to the New York City and Syracuse watersheds, RESOLVED, further, That copies of this resolution will be sent to Governor David A. Paterson, Congressman Michael Arcuri, Congressman Maurice Hinchey, Assembly Speaker Sheldon Silver, Senate Leader John Sampson, NYS Health Commissioner Richard Daines, DEC Commissioner Peter Grannis, New York State Department of Agriculture & Markets Commissioner Patrick Hooker, the NYS 166 May 18, 2010 Association of Counties, State Senators James Seward, George Winner, Michael Nozzolio, Antoine Thompson, Joseph Addabbo, Darrel Aubertine, and George Maziarz; Assemblymembers Barbara Lifton, Kevin Cahill, Steve Englebright, Robert Sweeney, and James Brennan; and Attorney General Andrew Cuomo. SEQR ACTION: TYPE I1-20 Recess Ms. Robertson declared recess at 7:45 p.m. The meeting reconvened at 7:50 p.m. Mrs. McBean- Clairborne was excused at 7:44 p.m. and returned to the meeting at 8:06 p.m. Privilege of the floor by Legislators Mr. Dennis, District 15 Legislator, spoke of participating at a Cornell Cooperative Extension event highlighting the evaluation of energy within a dwelling. Mr. Frongillo had brought a group of students who performed the evaluations and provided suggestions for energy conservation. Mr. Dennis thought it would be good to have a municipal contest and have homes audited to see who could get to the zero impact of greenhouse gases. Mr. Robison, District No. 9 Legislator, spoke of former Board of Representative Phil Shurtleff's involvement in the Groton community and noted he was involved with politics and held elected offices for over sixty years. Mr. Shurtleff had been a Village Trustee, Mayor, Village Justice, Council Person, County Representative, one of the original members of the Industrial Development Agency, and the County liaison to Tompkins Cortland Community College. Mr. Robison said the Groton community has lost a big supporter. Mr. Proto, District No. 7 Legislator, recalled that Mr. Shurtleff had helped to develop the Summer Youth Program, which was funded up through 2009. He announced there will be a parade in Dryden over the Memorial Holiday weekend. Mr. Proto is also collecting information regarding what organizations assist in placing flags upon the graves of veterans and asked any organization doing so to please keep track of how many flags are used at each cemetery. Mr. Proto is working on a resolution urging the State to act on the contract for video lottery terminals at racing tracks. Not following through on their agreement is costing $1 million/day in the horse industry. He reported the Water Resources Council has passed the MS4 application for the County; this ties stormwater regulations into gas drilling. Mr. Lane, District No. 14 Legislator, said the State has gone 48 days without a budget; the school districts are hurting, and the County will also. He reported the Dairies of Distinction event took place with many local farms being recognized for their efforts to maintain a well-maintained farm. Mr. Lane spoke of the Dairy Princess program that provides an opportunity for young women interested in dairy to come forward. These young women go to various programs as well as the State Fair and other celebrations to bring about an awareness of dairy farming. He announced Dryden Dairy Days will take place on June 12th Ms. Kiefer, District No. 10 Legislator, said the Environmental Management Council (EMC) endorsed a statement to the City of Ithaca indicating they do not support placement of dredging spoils at a single site of Southwest Park. She said the EMC feels it is too soon to determine dewatering sites since it is not known what will be happening with the sediment. Ms. Kiefer reported that ICLEI is having its first climate protection meeting in four areas across New York State on June 17th; Ithaca is one of the sites. Ms. Kiefer announced a follow-up meeting regarding Mr. Rancich's presentation on the proposed wind farm will take place on May 20th at 5:30 p.m. at the County Library. Mr. Burbank, District No. 12 Legislator, announced the Tompkins County Mental Health Association Annual Celebration will take place on Tuesday, May 25th. He was pleased to hear Mr. 167 May 18, 2010 Dennis speak of the energy project at Cornell Cooperative Extension and said they are seeking additional participants. Mrs. McBean-Clairborne returned to the meeting at this time. Ms. Robertson announced there will be a showing of the movie Gasland in Industry at the Cinemopolis theatre on June 12`h. Following the movie there will be a rally with the filmmaker present to address this topic. Report from the Chair Ms. Robertson reminded Legislators the time logs should be completed in the near future. Mrs. Covert will forward information of how to report as well as the deadline to file. Report form the County Administrator Mr. Mareane reported the Health Consortium met last week and discussed labor representation. Mr. Barber polled the group and the consensus was to have two labor seats on the board. This information was given to the various labor union representatives for consideration. The other issue the Health Consortium discussed was the required reserves. There is a need to have surety bonds or to have the municipalities build the reserve up -front, which could be returned to the municipalities once the fund is fully established. Mr. Mareane reported on the transition of the County Health Plan to the Classic Blue plan. Personnel staff compiled information from Excellus, the carrier, that provides a comparison of the plan for employees and retirees. He noted the plans are extraordinarily similar. With regard to the Assigned Counsel Program, Mr. Mareane said there were only a couple of applications for the supervising attorney position. The hiring process is moving forward and should be completed shortly. Mr. McDermott, the interim attorney, will continue until the process is completed. Mr. Stein asked whether the cash reserves for the health insurance plan under the Consortium is to insure against unfortunate performance or to make an orderly transition if it falls apart. Mr. Mareane said for both purposes; 17 percent of the premium is to provide an orderly transition to pay remaining claims, with a smaller reserve amount to cushion the impact of volatility in claims. It was noted that the municipalities who joined the Consortium have entered into an agreement and are committed to it. Mr. Proto spoke to Mr. Barber, Chair of the Tompkins County Council of Governments (TCCOG), and asked if a concern is smaller municipalities not having the financial resources for the reserve and if it would it be possible for the County to contribute the funds for the up -front reserve. Mr. Mareane said some of the smaller municipalities have good liquidity. The idea of cash advances for the reserve is strongly being reviewed by Mr. Barber. He noted that the County has to maintain a watch on its liquidity rather than borrowing. Mr. Squires said the County cash position has not increased over the years at the same pace as expenses, leaving no excess capacity to be able to cover municipalities reserves. Ms. Kiefer suggested the State Insurance Department article requiring the higher reserve could be amended through State Legislation. Ms. Robertson will look into this possibility. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director 168 May 18, 2010 Mr. Squires spoke of the County Annual Financial Report that is distributed to New York State. The only area of concern is the cash position, which has weakened a bit. The report is available at the office of the Clerk of the Legislature. Mr. Squires said the report shows stability. The final result of the audit will be reported on when complete. He then announced that sales tax revenues are currently on budget as of the fourth month of the year. The County's share increased ten percent, the City share 15 percent, and for outside municipalities three percent. This is the first significant change in sales tax revenue in the last 15 months. Mr. Squires reported changes in bond ratings have taken place to allow uniformity. At the beginning of April the bonds were recalibrated, which amended the County bond rating from AA2 to AA1, only one-step below the AAA rating. Addition of Resolution(s) to the Agenda There were no resolutions to be added to the agenda at this time. Withdrawal of Resolution(s) from the Agenda Chair Robertson gave the appropriate Committee Chairs permission to withdraw the following resolutions: • Authorization for the Sheriff to Enter into an Agreement with GTL for Inmate Telephone Calls (ID # 1963) • Establishing Annual Salary for the Position of Sheriff for the Years 2011, 2012, 2013, and 2014 (ID # 1960) • Establishing Annual Salary for the Position of County Clerk for the Years 2011, 2012, 2013, and 2014 (ID # 1959) Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to adopted the following resolutions under the Consent Agenda: RESOLUTION NO. 68 - ENDORSING SPRING 2010 COMMUNITY CELEBRATIONS GRANT TO COMMUNITY SCHOOL OF MUSIC AND ARTS It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Community School of Music and Arts (CSMA) will be celebrating its 50th anniversary this year, and WHEREAS, CSMA is eligible for a Community Celebrations grant under guidelines established by the Strategic Tourism Planning Board, and WHEREAS, CSMA has refined its earlier application for funds to purchase a banner that will be displayed on the exterior of its building on West State/Martin Luther King, Jr. Street from Summer 2010 through Spring 2011 to help advertise and commemorate this important anniversary of its contribution to the arts and cultural life of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That a grant in the amount of $1,590 be awarded to CSMA, RESOLVED, further, That the County Administrator or his designee is authorized to sign any documents related to the aforementioned project. SEQR ACTION: TYPE II -20 169 May 18, 2010 RESOLUTION NO. 69 - AUTHORIZING THE FILING OF AN APPLICATION TO NEW YORK STATE FOR THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and WHEREAS, Tompkins County has examined and duly considered the applicable laws of the State of New York and deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between the State of New York and Tompkins County be executed for such aid, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the filing of an application in the form required by the State of New York in conformity with the assurances contained in said application is hereby authorized, RESOLVED, further, That the Tompkins County Solid Waste Manager or her designee is directed and authorized as the official representative of Tompkins County to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State, RESOLVED, further, That Tompkins County agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs, RESOLVED, further, That five (5) certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation (NYSDEC) together with a complete application, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 70 - AMENDMENT TO BYLAWS - HILLVIEW ROAD LANDFILL CITIZENS ADVISORY COMMITTEE It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, by Resolution No. 497 of 1990 established the Hillview Road Landfill Citizens Advisory Committee, and WHEREAS, Resolution No. 231 of 1993 approved the Committee's Bylaws and Resolution No. 51 of 2004 amended the Bylaws, and WHEREAS, the Hillview Road Landfill Citizens Advisory Committee is comprised of residents who would be directly affected by the former Hillview Road Landfill making them a unique group, and WHEREAS, it is the desire of the Committee to amend Article 4, Section 5, to read: "No officer shall hold more than one office simultaneously", now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature approves the said amendments to the Hillview Road Landfill Citizens Advisory Committee bylaws. SEQR ACTION: TYPE II -20 RESOLUTION NO. 71 - BUDGET ADJUSTMENT - DEPARTMENT OF SOCIAL SERVICES 170 May 18, 2010 It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Department of Social Services Revenue: 6010.44611 Federal: Food Stamps $ 46,740 Appropriation: 6010.54442 Professional Services $ 46,740 Revenue: 6010.44689 Federal - Other Social Services $250,000 Appropriation: 6010.54400 Program Expense $250,000 Explanation: Department of Social Services is only a funding conduit for Cooperative Extension's Nutrition Education program. The Federal and State governments have okayed a $322,000 program, but only $275,260 was anticipated in the County budget. The additional spending authority requested will be reimbursed one -hundred percent by Federal funds targeted for this purpose. Department of Social Services is in receipt of Housing First (Homeless Prevention and Rapid Rehousing) funds through a grant from OTDA. The grant is Federal stimulus money received by NYS OTDA. The grant is for three years. The rate of expenditure on the Ongoing Rental Assistance component of the Housing First initiative funded through the HPRP grant has exceeded expectations; we are therefore proposing to shift funds anticipated to be paid for this purpose in 2011 to the current year. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to approve the following appointment under the Consent Agenda: Strategic Tourism Planning Board Anthony W. Hopson — Ithaca College representative; term expires December 31, 2012 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, deferred her Committee report to June 2nd RESOLUTION NO. 72 — SCHEDULING A PUBLIC HEARING FOR ADDITION TO AGRICULTURAL DISTRICT NO. 2 (WEST SIDE OF CAYUGA LAKE) It was MOVED by Ms. Mackesey, seconded by Mr. Proto. Ms. Kiefer said she does not support the action as she would like the landowner in residence and operational prior to the property being added to the agricultural district. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator Kiefer); Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, Resolution No. 25 of 2004 designated an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, Resolution No. 201 of 2007 revised the schedule of the annual review period so that it begins February 1, and 171 May 18, 2010 WHEREAS, one landowner has requested addition of a parcel totaling 10.76 acres to Tompkins County Agricultural District 2 and no landowners have requested addition of parcels to Tompkins County Agricultural District 1, and WHEREAS, the County Legislature is required to hold a public hearing and act on such proposals within 120 days under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the public hearing on additions to the Agriculture Districts of Tompkins County be held at the County Legislature meeting scheduled for June 1, 2010, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice, including tax parcel number and street address, of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 73 - NEGATIVE DECLARATION REGARDING AUTHORIZING THE DISBURSEMENT OF HOUSING FUND FUNDING It was MOVED by Ms. Mackesey, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 31 of 2009 authorized funding for the Community Housing Affordability Program and the Community Housing Trust Program, and WHEREAS, the Community Housing Affordability Program and the Community Housing Trust Program are jointly known as the Housing Fund, and WHEREAS, the Housing Fund assists with the pre -development costs associated with residential and mixed-use real estate development projects primarily benefiting low- and moderate -income households, and supports a housing trust 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, and WHEREAS, Tompkins County has received and reviewed the City Environmental Quality Review (CEQR) documents for the projects listed as the Women's Community Building and Magnolia House, and WHEREAS, the City has determined the Women's Community Building project to be a Type I Action with a Negative Declaration and determined the Magnolia House project to be a Type II Action, and WHEREAS, the County has determined the Magnolia House project to be a State Environmental Quality Review (SEQR) Unlisted Action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the authorization of Housing Fund disbursement and the subsequent construction of the two projects listed above adequately protects and preserves the environment and will not have any potentially significant adverse effects on the environment, RESOLVED, further, That Tompkins County concurs with the CEQR Negative Determination of the Women's Community Building Project, RESOLVED, further, That Tompkins County determines that the Magnolia House project will not result in a significant impact on the environment and makes a Negative Determination of Significance, RESOLVED, further, That a SEQR Short Environmental Assessment Form (EAF) and Negative Determination (Notice of Determination of Non -Significance) has been completed and filed appropriately. SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature) 172 May 18, 2010 RESOLUTION NO. 74 - AUTHORIZATION TO DISBURSE COUNTY FUNDS PERTAINING TO THE HOUSING FUND AND DESIGNATING THE COUNTY TO SERVE AS FISCAL AGENT It was MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 31 of 2009 authorized funding for the Community Housing Affordability Program and the Community Housing Trust Program, and WHEREAS, the Community Housing Affordability Program and the Community Housing Trust Program are jointly known as the Housing Fund, and WHEREAS, the Housing Fund assists with the pre -development costs associated with residential and mixed-use real estate development projects primarily benefiting low- and moderate -income households, and supports a housing trust 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, and WHEREAS, Tompkins County authorized the Memorandum of Understanding among the County of Tompkins, the City of Ithaca, and Cornell University with regard to the Housing Fund, by Resolution No. 31 of 2009, and WHEREAS, Tompkins County accepted and approved 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 did not materially change the intent of the Programs, and WHEREAS, the Notice of Funding Availability was accepted and approved by the Housing Fund Program Oversight Committee and was made available to interested parties with a deadline of December 31, 2009, and WHEREAS, six applications were received and reviewed by the Application Review Committee, which made formal funding recommendations to the Housing Fund Program Oversight Committee, and WHEREAS, the Program Oversight Committee accepted and recommended the following three P Applicant Project Dollar Amount Recommended Number of Units Location INHS Holly Creek Townhomes $200,000 (grant) 11 townhomes Town of Ithaca INHS/PathStone Women's Community Building $75,000 (loan) 50 apartments City of Ithaca Tompkins Community Action Magnolia House $70,000 (loan) 14 units of permanent housing City of Ithaca and WHEREAS, the Housing Fund Program Oversight Committee has recommended, and the City of Ithaca and Cornell University have agreed, that the County serve as fiscal agent for the Housing Fund, and WHEREAS, the State Environmental Quality Review (SEQR) process has been completed for the Women's Community Building project and the Magnolia House project, and WHEREAS, the Holly Creek Homes project is going through the SEQR review process with the Town of Ithaca as Lead Agency and a separate SEQR process will be conducted in order for the project to receive funding from the Housing Fund, now therefore be it RESOLVED on recommendation of the Planning, Development, and Environmental Quality Committee, That the County serve as the fiscal agent for the Housing Fund and authorize the County to enter into an agreement with the City of Ithaca and with Cornell University to accept funding for the Women's Community Building project and the Magnolia House project, 173 May 18, 2010 RESOLVED, further, That Tompkins County authorizes the expenditure of its funds to support the Housing Fund recipients as recommended by the Housing Fund Program Oversight Committee, RESOLVED, further, That the County's contribution of $100,000 in HUD Program Income Funds be transferred to the appropriate Revenue and Appropriations account, 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, RESOLVED, further, That the Finance Director or his designee is authorized to create a Trust account in order to manage the Housing Fund consistent with this resolution, RESOLVED, further, That the Finance Director or his designee is authorized to make budget adjustments as necessary to implement the actions identified in this resolution. SEQR ACTION: UNLISTED (EAF on file with the Clerk of the Legislature) Report from the 2010 Complete Census Committee Ms. Mackesey, Chair, reported that Census Enumerators are now going door-to-door to households that did not return the census forms. She has been receiving occasional calls for assistance and noted that not all landlords are readily allowing the workers into their properties. At this time progress is continuing. Report from the Budget and Capital Committee Mr. Dennis, Chair, said the Committee will be meeting on May 24th. He noted there will be a New York State Association of Counties webinar on lean government. He said the resolutions for the County Clerk and Sheriffs salaries will be discussed at the next meeting. Although the salaries are not dictated by Election law, he hopes that a salary could be determined in the near future. Ms. Herrera said the May 24th agenda will include consideration on a resolution endorsing the mortgage recording tax increase. Report from the Public Safety Committee Mr. Shinagawa, Chair, said the Committee has not met. Report from the Workforce Diversity, and Inclusion Committee Mrs. McBean-Clairborne, Chair, did not have a report. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on June 12th and had a presentation on the Consolidated Transportation Plan, funded by the Job Access Return Commute (JARC). The County had initially received $600,000 in funding, with approximately $160,000 requiring disbursement. The presentation showed the various programs that would utilize this funding. He spoke of there being a group formed to deal with Human Service transportation needs as well as another group reviewing the needs of underserved populations. The results of these reviews will be provided to Tompkins Consolidated Area Transit. Mr. Proto anticipates a resolution accepting the plan to disburse the funds in June. He also said discussions are underway to determine how future JARC funding should flow, noting it may pay through the Department of Social Services. The Committee heard from Ms. Yoon of the Workers Center about the restaurant booklet project they are attempting to bring forward. The booklet is not yet complete. 174 May 18, 2010 The Department of Social Services reported on the lack of primary care physicians in the County. In addition, information was provided by Office for the Aging on the workforce grant as it relates to the aging population. They are preparing a booklet with information on agencies working with long-term care needs. The Committee received an update on youth program participation rates throughout the County. Mr. Proto said the search for a new Public Health Director is continuing with final interviews taking place on May 19th; it is hoped to have a recommendation at the end of the meeting. Mr. Proto reminded Legislators of Public Health Director Alice Cole's upcoming retirement dinner. Mr. Proto reported he has had discussions with Ms. Robertson regarding a Human Service group working with Ms. Schlather of the Human Services Coalition to see what needs in the Human Services community are during this period of budget shortfalls. A meeting will be held at 8:00 on May 26th at the Child Development Council between Mr. Mareane, Mr. Burbank, agency heads, and himself to look at how agencies might collaborate and review models. The next Committee meeting will be on June 9th Mr. Dennis spoke of the need for primary care physicians, noting that many years ago Mayor Ed Conley was able to obtain a grant that allowed the purchase and rehabilitation of a building to start the Family Medicine Center on West State Street; perhaps it is something to consider again. Mr. Proto said the other difficulty is the cost of physician's liability insurance. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee met on May 7th at the Bostwick Road facility. Among the work completed, resolutions approved on the Consent Agenda as well as others were acted upon. In addition, the Committee heard from two additional Hanshaw Road residents. RESOLUTION NO. 75 - DETERMINING THAT CERTAIN REAL PROPERTY LOCATED ON HARRIS B. DATES DRIVE IN THE TOWN OF ITHACA IS NO LONGER NEEDED FOR PUBLIC USE It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the County is the owner of certain real property in the Town of Ithaca designated as part of Tax Parcel No. 24.-3-2.22 1285 Trumansburg Road, said parcel being otherwise known as Biggs B, adjacent to the Cayuga Medical Center and including a total of approximately 37 acres, and WHEREAS, Biggs B is currently occupied by the Tompkins County Health Department and the Health Department is scheduled to move its entire operation to 55 Brown Road on or about June 25, 2010, and WHEREAS, the Biggs B building is located on a parcel of land comprising approximately 9 acres bordered by Harris B. Dates Drive to the West, Indian Creek Road to the North and by lands owned by Cayuga Medical Center to the East and South, and 'WHEREAS, the County plans to subdivide the 37 -acre parcel into three separate parcels and has appeared before the Town of Ithaca Planning Board to initiate this change, and WHEREAS, when the Health Department vacates Biggs B the building and the parcel of land on which it is located is no longer used or needed for any County purpose, and WHEREAS, there is no other County purpose for this approximately 9 -acre parcel, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality, the Facilities and Infrastructure, and the Government Performance and Workforce Relations Committees, 175 May 18, 2010 That it is hereby determined that once the Health Department and its entire operation has vacated Biggs B Building and the 9 -acre parcel of land on which it's located as described above is no longer needed for public use. SEQR ACTION: TYPE II -20 RESOLUTION NO. 76 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 77 OF 2010 It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, in Resolution No. 77 of 2010, the Tompkins County Legislature would authorize the County Administrator to execute a deed with Cayuga Medical Center for the sale of the Biggs B Building and approximately 8.99 acres of land in the Town of Ithaca, and WHEREAS, the Town of Ithaca Planning Board made a negative determination of environmental significance when it approved the subdivision of Town of Ithaca Tax Parcel Number 24.-3-2.22 on March 16, 2010, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality and the Facilities and Infrastructure Committees, That Resolution No. 77 of 2010 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 77 of 2010. SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature) RESOLUTION NO. 77 - AUTHORIZING THE COUNTY ADMINISTRATOR TO SELL REAL PROPERTY ON DATES DRIVE IN THE TOWN OF ITHACA, INCLUDING THE BIGGS B BUILDING AND APPROXIMATELY 8.99 ACRES OF LAND, TO CAYUGA MEDICAL CENTER It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Health Department currently occupies a structure commonly referred to as the "Biggs B" building that is located on a 35.76 -acre County -owned parcel in the Town of Ithaca, and WHEREAS, in anticipation of vacating the Biggs B building as a part of the relocation of the Health Department to new quarters in a renovated building on Brown Road in the Cornell Business Park, the County has contemplated the sale of the surrounding property and has expected the proceeds of such sale would be used to support a portion of the cost of renovating the Brown Road building, and WHEREAS, upon consultation with the Planning Advisory Board as well as the Legislature's Government Operations; Facilities and Infrastructure; and the Planning, Development, and Environmental Quality Committees, the County subdivided the parcel into three separate parcels, one of which includes the Biggs B building and approximately 8.99 surrounding acres of land (the "Biggs B Parcel"); another consists of approximately 26.0 acres of wooded land; and the third consists of the so-called K -house and approximately 0.77 acres of surrounding land, and WHEREAS, by Resolution No. 75 of 2010, this Legislature resolved that the Biggs B Parcel was no longer needed for public use and is therefore eligible for disposition, and WHEREAS, also upon consultation with the Planning Advisory Board and appropriate legislative standing committees, the County commenced negotiations with the adjacent owner, Cayuga Medical 176 May 18, 2010 Center, on the sale of the Biggs B Parcel, and WHEREAS, the County and Cayuga Medical Center have agreed to the terms of sale for the Biggs B Parcel, and WHEREAS, those terms provide for the Biggs B Parcel to be sold at a price of $1,059,000 and for the property to be transferred from the County to Cayuga Medical Center on or before August 1, 2010, and WHEREAS, the process followed in the sale of the Biggs B parcel is compliant with Chapter 19- 1 of the County Code governing the sale or lease of County Property, now therefore be it RESOLVED, on recommendation of the Government Operations, the Facilities and Infrastructure, and the Planning, Development, and Environmental Quality Committees, That the County Administrator is hereby authorized to execute any and all documents to complete the sale of the Biggs B Parcel to Cayuga Medical Center, RESOLVED, further, That the sale of the Biggs B Parcel does not affect the status of the other two subdivided parcels on the site that shall remain owned and controlled by the County unless otherwise authorized by this Legislature. SEQR ACTION: UNLISTED (EAF on file with the Clerk of the Legislature) RESOLUTION NO. 78 DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RECONSTRUCTION OF THE FOREST HOME DRIVE BRIDGE (BIN 3047450) OVER FALL CREEK, IN THE TOWN OF ITHACA, PIN 3950.41 It was MOVED by Ms. Kiefer, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Town of Ithaca and the Forest Home community have been consulted during design development and have concurred with preliminary planning for reconstruction of the Forest Home Drive bridge over Fall Creek (BIN 3047450) in the Town of Ithaca ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action. SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature) RESOLUTION NO. 79 - AUTHORIZATION TO ISSUE DESIGN AND RIGHTS-OF-WAY APPROVALS FOR THE RECONSTRUCTION OF THE FOREST HOME DRIVE BRIDGE (BIN 3047450) OVER FALL CREEK IN THE TOWN OF ITHACA, PIN 3950.41 It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, Resolution No. 227 of 2007 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund design of the reconstruction of the 177 May 18, 2010 Forest Home Drive Bridge (BIN 3047450) over Fall Creek, (the "Action") in the Town of Ithaca, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, the preliminary design includes acquisition of approximately four permanent easements necessary for the Action in accordance with applicable Federal regulations and guidelines, but that the individual and cumulative impacts of such rights-of-way acquisition are considered total de minimus in nature, and WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the State Environmental Quality Review Act (SEQRA) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, completion of all procedural requirements needed prior to project Design Approval have been certified by the design consultant, Erdman Anthony of Rochester, New York, and approved by the County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents for acquisition of rights-of-way for the referenced project in accordance with the Final Design Report. SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature, no further action required) RESOLUTION NO. 80 - APPROVAL OF LEASE AGREEMENT FOR PROVISION OF GROUND TRANSPORTATION SERVICE - ITHACA TOMPKINS REGIONAL AIRPORT It was MOVED by Ms. Kiefer, seconded by Mr. Lane. Ms. Herrera said she would like to know how this lease compares to those in the past, noting she wishes to be cognizant about an increase in revenues. She also expressed concerns regarding the language in the resolution as well as concerns raised by constituents regarding Ithaca Dispatch, Inc. Ms. Kiefer noted there is an increase built into the lease, however, she does not have the dollar amounts at hand. Mr. Marx noted there was an inflationary adjustment that is reflected in the base contract. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator Herrera); Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the airport's five-year lease of counter space for the provision of ground transportation services expired on April 30, 2010, and WHEREAS, the Finance Department advertised a Request for Proposals and received one bid from Ithaca Dispatch, Inc., and WHEREAS, said Ithaca Dispatch Inc. has provided the ground transportation service at the airport during the past five years, and WHEREAS, said lease of counter space does not preclude any and all competing ground transportation companies from providing ground transportation, subject to such companies adhering to airport rules and regulations and paying the ground transportation fee, as set forth and approved by the Legislature in Resolution No. 17 dated February 3, 2009, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County 178 May 18, 2010 Administrator be authorized to sign a three-year agreement with Ithaca Dispatch Inc., for the period May 1, 2010, through April 30, 2013, with an option to renew for a further two years. SEQR ACTION: TYPE 11-20 Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on May 13th and heard a report from Mr. Marx regarding the 2011 recommendations and beyond. In June the Committee will work with staff to develop specific proposals for 2011. The Committee also heard a presentation from Gary Ferguson of the Downtown Ithaca Alliance regarding a proposal for a joint City -County Office Building. Ms. Cornish, City of Ithaca Planner, was present during the discussions. Ms. Robertson said Mr. Ferguson will be attending a Legislature meeting in July to give a presentation. Mr. Marx said it is time to look seriously at the Old Library for future use and a Center of Government. Mrs. McBean-Clairborne spoke of the Space Use Committee, indicating the County had previously looked into developing a Center of Government. She suggested the reports be made available to new members. Ms. Kiefer and Ms. Mackesey were excused at this time (8:48 p.m.). Ms. Robertson said the reports had been reviewed by the Committee and served as background for these conversations. Mrs. McBean-Clairborne acknowledged receipt of correspondence from the Tompkins County Bar Association requesting space in the Courthouse and asked if it had been addressed. Ms. Robertson said Mr. LeMaro, Facilities Director, is undertaking a space study that is anticipated to be complete in September. The results of the study will be shared with Judge Mulvey and others in the Courthouse. She anticipates it will address not only the Office for the Aging and Legislature offices. A separate study is going on for the Mental Health Building and Human Services Building. Mr. Dennis said he believes there are higher priorities to consider than a joint City/County Office Building. Mr. Mareane said his review will be to analyze alternatives. Mr. Lane said it would be good to review alternatives, however, he agrees with Mr. Dennis there are other issues that are more important at present. Mr. Proto suggested a response be provided to the Bar Association as well to let them know what is happening. Ms. Robertson said a letter similar to the one provided Judge Mulvey could be sent to them. She stressed that it is important to determine what to do with the Old Library and it is good to look at all options. Mr. Dennis was excused at this time (8:55 p.m.) Report from the Government Operations Committee Mr. Lane, Chair, said the Committee will meet on May 20th. He said that at the direction of the Government Operations Committee there is a group forming to discuss a broadband initiative. This group, including County staff, members of Cornell University, Cornell Cooperative Extension, and others, will meet on Monday, May 24th to discuss the matter. Mr. Proto said he will be bringing a resolution forward urging the State to hold to its agreement regarding video lottery terminals at New York State race tracks; due to the timing, it may be brought forward as a member -filed item rather than through the Committee. 179 May 18, 2010 Ms. Robertson asked if members of Tompkins County Council of Governments (TCCOG) were invited to the broadband meeting; Mr. Lane said it is just a recommendation group, not the type initiated by TCCOG relating to the STERPDB and Google applications several months ago. Ms. Robertson requested an invitation be made to any interested TCCOG member. Approval of Minutes of May 4, 2010 It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of May 4, 2010. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 9:02 p.m. 180 June 1, 2010 Regular Meeting Public Hearing — Addiction of Parcel to Agricultural District No. 2 Ms. Robertson called the public hearing to order at 5:32 p.m. concerning the Addition of Parcel to Agricultural District No. 2 (West side of Cayuga Lake), and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:33 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. (Legislators Chock, Kiefer, Lane, McBean-Clairborne, McKenna, and Pryor arrived at 5:36 p.m. following the Government Operations Committee meeting). Mr. Shinagawa was excused at 8:05 p.m. Presentation of Proclamation Ms. Robertson presented a proclamation to Legislator Robison recognizing 2010 as the 150th Anniversary of the Village of Groton. Announcement Ms. Robertson said if the meeting does not run too late she will request an executive session to discuss real estate negotiations. Privilege of the Floor by the Public Bill Hawley, Director of Lifelong, spoke about the agency and past County funding. He said Lifelong is grateful for the support it has received from the County and noted that County support is the Agency's single largest source of income. Mr. Hawley distributed copies of Lifelong's Annual Report. Included in the annual report are the geographical distributions of those served in the County by Lifelong; he noted the program only costs $35 per senior. Report from Municipal Officials Joel Zumoff, City of Ithaca Common Council Member, spoke briefly in support of Lifelong and said the services provided are vital to the community. He asked that the Legislature do whatever it can to continue funding that organization. Mr. Zumoff updated the Legislature on City activities, including barriers on the various bridges in Cornell's campus and the Collegetown Terrace Project, sweat -free apparel issue, and the dredging issue. He spoke of the recent announcement that the County is suspending roadwork until a State budget is adopted and said the City is not suspending its roadwork. Mr. Zumoff spoke of housing issues and said tomorrow night Common Council is scheduled to approve funding for Ithaca Neighborhood Housing Services to rehabilitate three properties that would otherwise be auctioned for delinquent taxes. He announced the Ithaca Festival will be held this weekend. Mr. Dennis suggested the Board of Public Works and Common Council sponsor a design competition for the bridges and to hold talks with Cornell about funding alternatives. Ms. Herrera asked, in the context of the sweat -free apparel decision, for an update on language under discussion with regard to the City's skilled trades apprentice policy. Mr. Zumoff said the City had 181 June 1, 2010 a policy that required apprentices on City contracts over a certain limit. He said this led to the City awarding a contract to a company that was not the lowest bidder and this has now become controversial because in that particular case it cost the City more for that contract. Mr. Zumoff said a committee is looking into this policy that for the time being has been suspended. Herb Engman, Town of Ithaca Supervisor, commended the Legislature and staff for the superb leadership that has been shown with the Tompkins County Council of Governments. He said he has been a member of many municipal bodies and the Council of Governments is by far the most effective one he has served on. He commended the County on the successful outcome of the sale of the Biggs building to Cayuga Medical Center. Mr. Engman spoke of the remaining land at the Hospital site and said the Town would like to partner with the County in determining the best use for the land. He also spoke of a unique partnership between the Town, Ithaca College, and the Finger Lakes Land Trust with a combined interest to protect 100 acres of land that Ithaca College owns. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, thanked those who participated in the Memorial Day activities over the past weekend. He said ay the last meeting he would be bringing a member -filed resolution with regard to the horse industry and the State's slowness with bringing forward and paying for support of that industry. He said there has been agreement to advance a $25 million loan to the horse industry that could continue through August. The repayment of that loan is supposed to come from video -gaming machines so there will be little or no expense to the taxpayer. Mr. Proto thanked everyone who participated in the 25 -Year Club dinner last week. He said it was a wonderful affair that was attended by several employees and retirees. Mr. Burbank, District No. 12 Legislator, announced this week is the beginning of the Ithaca Festival. He urged everyone to purchase the official Ithaca Festival buttons. The theme this year is "Singing in the Rain". Ms. Chock, District No. 3 Legislator, reported the Tompkins County Council of Governments (TCCOG) has established a task force on gas drilling. They are setting up a series of committees that will include community impacts, land values and assessment, land use, lobbying, public safety, road protection, water quality, air quality, and other areas. Elizabeth Thomas, Town of Ulysses representative to TCCOG, is the contact person. Ms. Chock said there was a documentary that won awards at the Sundance Film Festival and the documentary, along with the filmmaker, is coming to Ithaca on Saturday, June 12th. Ms. Chock said Clinton County recently released information on direct costs to the County from natural gas drilling activity. Costs have grown from $7,000 in 2007 to $334,000 in 2010. Most of this increase is attributable to work by the GIS (Geographical Information Systems) Department having to provide data and analytical services for both residents and gas companies. Their Assessment Department and Corrections Department have also experienced increased workloads. Mr. Lane, District No. 14 Legislator, said he was pleased to participate in the 40th commencement ceremony at Tompkins Cortland Community College along with Legislator McKenna last week. He said over 600 students from counties, states, and countries graduated and stated what they accomplish at the institution is remarkable. Mr. Lane also stated today marks the 62nd day without a State budget and spoke of the harm that has been done to communities because of this. He announced Dairy Day will be held on June 12th in Dryden. 182 June 1, 2010 Presentation — Tompkins County Records Management Program Maureen Reynolds, Deputy County Clerk, and Greg Potter, Director of Information Technology Services, made a presentation to the Legislature on the Tompkins County Records Management and EDMS (Electronic Document Management System) Program. Ms. Reynolds said approximately one and a half years ago the County Clerk's Office re -assumed the responsibility of the Records Management Program and are working towards turning all of the paper in the Records Center into digital images. The Power Point presentation included information on: the Records Vision, New York State Archives Grant Support, County Clerk EDMS Success, Enterprise Vision, Laserfische, pilot projects, partnership with Challenge Industries, Records Center, and Visions and Benefits. Mr. Potter explained the auditing and security process that occurs with digital records. Mr. Potter said that the Laserfische software that has been deployed by Tompkins County includes security technology and standards that meet the requirements established by the Federal Department of Defense. He said that now and in the future all County software Request for Proposals will include standard language requiring interface capability with Laserfische. Ms. Reynolds noted the Tompkins County Clerk's Office is the first County Clerk office in the State to become fully digitized. Mr. Stein asked about resistance to electronic tampering and Mr. Potter noted there was no external access to the site. Mr. Burbank asked if the County would retain hard copies and was informed by Ms. Reynolds noted certain original documents are kept and that birth and death certificates are in an old coal mine in Pennsylvania. Mr. Lane noted that Department of Social Services is reputed to have the most records that need to be retained. Ms. Reynolds said they have not yet gotten to the Department of Social Services, the largest they have worked on so far is the District Attorney records. Although it is hoped that Tompkins County Clerk's office would be the first to become digitized it is not there yet. Chair's Report Ms. Robertson reported that along with other Legislators she attended the Convocation at Cornell and listened to House Speaker, Nancy Pelosi. She also attended a community meeting held prior to the Convocation during which everyone was given a brief opportunity to communicate with Ms. Pelosi. Mr. Mareane asked that local governments not be forgotten and Ms. Robertson provided her with a packet of information on natural gas drilling. Ms. Robertson said she will share that information with the full Legislature. Ms. Robertson said tomorrow will begin a series of meetings with AES Cayuga, the IDA, representatives from the County, Lansing School District, and the Town of Lansing. She also said in the past there has been a periodic meeting of committee chairs to discuss common issues; she will hold a meeting for chairs at 4 p.m. prior to the next Legislature meeting (June 15) to discuss program inventories and preliminary budget implications. Ms. Robertson announced the next Dragon Boat Festival will take place on Saturday, July 10. She invited County employees to participate in this event by paddling, sponsoring, or cheering on the County team. Anyone interested in participating should contact Sarah Reistetter at Human Rights Office or Karen Fuller in the Legislature Office. Report from the County Administrator Mr. Mareane reported on the State Budget and said although a budget has not been adopted there are signals coming out of Albany on items that relate to the County's Budget. He spoke of the FFFS 183 June 1, 2010 (Flexible Funding for Family Services) block grant and said this is the largest source of revenue for the Department of Social Services other than mandated entitlement costs. He said the information coming out of Albany is that both sides of the State Legislature are looking at a $100 million cut (10% of the block grant). For Tompkins County this represents a cut of $300,000 to $400,000 for services that the County must provide. Mr. Mareane said he has consulted with NYSAC and has sent a letter to the County's State representatives expressing opposition to this cut and outlining the consequences it would have on the County's budget. The State Depai anent of Health is also proposing cuts in "optional service aid to counties", which includes services such as a Medical Examiner and laboratory services. Mr. Mareane also spoke of increasing concern related to the federal jobs and stimulus bill that is currently being considered by the President. The proposal to extend the federal enhanced federal aid to Medicaid (representing $1 million in the County's 2011 budget) has now been withdrawn. Mr. Mareane reported on the Health Insurance Consortium and said one of the two outstanding issues has been resolved. After extensive conversation, the number of voting labor seats has been increased to two and if the number of member municipalities increases from 13 to 17 an additional labor seat will be added. He said there is still a $2.2 million gap in the reserve funds. Mr. Barber is working on a couple of approaches, including buying a surety bond and also to look at cash payments by each of the participating municipalities to build up those reserves. Mr. Proto asked if unions would be willing to contribute to a reserve fund; Mr. Mareane said at least one union indicated a willingness to present the idea to their union. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires said the annual auction on foreclosed properties will be held on June 15. Included is one abandoned rental property. Addition and Withdrawal of Resolution(s) from the agenda It was MOVED by Mr. Lane, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to add the resolution to the agenda entitled Approving Settlement Agreement in Lakeside Nursing Home, Inc., Bankruptcy Proceeding. There were no resolution(s) withdrawn from the Agenda Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 81- APPROVING REVISIONS AND ABOLISHING POLICIES AND PROCEDURES OF THE TOMPKINS COUNTY GOVERNMENT ADMINISTRATIVE POLICY MANUAL -POLICY 01-13: FAITHFUL PERFORMANCE BONDS MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is in the interest of Tompkins County government to have policies and procedures 184 June 1, 2010 that are current, accurate, and consistent, and WHEREAS, the following administrative policy requires revision to more accurately reflect current or desirable regulations and procedures, and WHEREAS, Policy 01-13: Faithful Performance Bonds has been reviewed and processed according to the guidelines of Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government, and WHEREAS, this policy also has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following revised Administrative Policy is hereby adopted: Policy 01-13: Faithful Performance Bonds. SEQR ACTION: TYPE II -20 RESOLUTION NO. 82 - AUTHORIZATION TO EXTEND BY FIVE YEARS A LEASE AGREEMENT WITH THE FINGER LAKES LIBRARY SYSTEM MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Finger Lakes Library System currently occupies approximately 6,112 square feet of space within the County -owned and maintained Tompkins County Public Library building at 115 East Green Street under a ten year lease agreement with the County, and WHEREAS, the current lease agreement expires December 31, 2010, and WHEREAS, the Finger Lakes Library System is desirous of extending the period of the lease for an additional five years, and WHEREAS, the terms of the lease extension shall include an annual adjustment in the portion of rent attributable to operating and maintenance based on the 3 -year rolling average change in the Consumer Price Index and a provision allowing either party to terminate the agreement upon two years notice, and WHEREAS, the request for lease extension is supported by the Tompkins County Public Library, and WHEREAS, the co -location of the Finger Lakes Library System and the Tompkins County Public Library has been mutually beneficial, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is hereby authorized to sign a lease agreement with the Finger Lakes Library System for the period January 1, 2011, through December 31, 2015, services. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda. Tompkins Cortland Community College Board of Trustees Roxann Buck — Tompkins County representative; term expires December 31, 2017 Workforce Diversity and Inclusion Committee Marcia Lynch — County staff representative; term expires December 31, 2012 Tompkins County Public Library Board of Trustees Peter McCracken - term expires December 31, 2012 185 June 1, 2010 Aloja Airewele - term expires December 31, 2011 Presentation of Resolution(s) from the Government Operations Committee RESOLUTION NO. 83 - RESOLUTION IN OPPOSITION TO ASSEMBLY BILL NO. A.9911, AMENDING THE PUBLIC OFFICERS LAW, IN RELATION TO REQUIRING CERTAIN RECORDS WHICH ARE THE SUBJECT OF A DISCUSSION CONDUCTED AT AN OPEN MEETING BE MADE AVAILABLE TO THE PUBLIC MOVED by Mr. Lane, seconded by Ms. Kiefer. Ms. Herrera said this resolution, like the intent of the proposed law, is in good faith but she believes it does the opposite of what it is about. She thinks it would be contradictory for the County to express opposition to posting information on a website prior to a meeting. Ms. Herrera said she thinks it would be better, in the spirit of transparency and democracy, to advise the State of potential costs and to ask for reimbursement and compensation. Mr. Lane said Tompkins County is more open than most governments and the public is often provided information upon request without having to go through FOIL (Freedom of Information). He said he doesn't disagree with the purpose of the legislation but opposes the additional work that would be placed on staff. He also spoke of the ambiguousness of the law and said it may expose the County to lawsuits. Mr. Lane said if the State believes this should be done at the local level there needs to be funds provided; the issues with compliance also need to be addressed. Ms. Chock said she agrees with Ms. Herrera and said she does not think it would result in a significant amount of extra work for staff. She believes advisory boards now provide electronic copies of meeting information in advance of meetings and the posting to a website would not be difficult. Mr. Potter said the Legislature Office provides meeting information to the public on the Legislature and all of its committees. He said extending that work to all advisory boards that are not currently managed by the Legislature Office becomes problematic for the ITS Department as access is not provided to the web server by outside sources. He said management by non -County employees would be extremely difficult for the ITS Depailment. Ms. Kiefer said at first she did not want to support this resolution and voted against it at committee. After thoroughly reading the Legislation and speaking with Legislature Office staff, she was assured that the Legislature and its committees are all in compliance with this. However, after speaking with staff she learned that although the advisory boards she is familiar with are handled in an electronic manner by the Planning Depai Intent, not all are handled electronically. There are a wide range of methods by which agendas are prepared and minutes are taken, some by staff and others by volunteers. Ms. Kiefer said while she likes the concept of making all of these public documents available to the public she does not think it would be practical to do it at this time and in the manner proposed. Mr. Stein said he agrees with Ms. Herrera and said public bodies often underestimate the importance of communicating with people that they represent and over-estimates the danger of a lawsuit in situations where the language "wherever practical" comes up. The public the information from which decisions are made is admirable and the County should take on that cost. Mr. Proto said while he agrees with Mr. Stein's comments about the importance of transparency, not all residents in the County have access to the Internet. He also said he doesn't think this has been fully thought through, including what it would cost. 186 June 1, 2010 Mrs. McBean-Clairborne said the Legislature appoints individuals to advisory boards and believes the information being reviewed by those groups should be available to the public. She said the general concept of the resolution is good and thinks a way should be figured out to pay for the expense rather than to oppose the legislation. Mr. Dennis said this is an election year and the State Legislature is under a lot of pressure to be transparent. He said Tompkins County does a good job in being open and transparent and thinks it would be difficult for municipalities to abide by this law. Ms. Pryor spoke of the County's commitment to open government and providing information to County residents. From what she has read and experienced with other jurisdictions she thinks there are a lot of municipalities across the State that are not meeting the requirements of the current law. She agrees with Mr. Dennis' comments and sees this an attempt for the State Legislature to appear as if they are committed to open government. Ms. Pryor said she wishes she could support this but thinks it will be an extremely difficult year to take on additional costs. She also believes it will open municipalities up to lawsuits. She said there may be ways in the future for the County to work towards this on its own. Mr. Robison questioned what the mandate is to advisory boards with regard to sharing information and noted they are made up of volunteers. He expressed concern that by adopting this resolution as written it appears the Legislature opposes transparency in government rather than the real issue of the way the State has gone about this. Ms. Robertson said another response is that the County opposes unfunded mandates. Mr. Stein Called the Question, seconded by Mr. Lane. A voice vote on calling the question resulted as follows: Ayes — 10, Noes — 5 (Legislators Burbank, Chock, Herrera, McBean-Clairborne, and Pryor). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 8 (Legislators Burbank, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, and Robertson); Noes - 7 (Legislators Chock, Herrera, Mackesey, McBean-Clairborne, Robison, Shinagawa, and Stein). RESOLUTION CARRIED. WHEREAS, the New York State Assembly has introduced Assembly Bill No. A.9911 requiring certain Agency records available to the public pursuant to article six, as well as any proposed resolution, law, rule, regulation, policy or any amendment thereto, that are scheduled to be the subject of discussion by a public body during an open meeting shall be made available, to the extent practicable, prior to or at the meeting during which such records will be discussed, and WHEREAS, Assembly Bill No. A.9911 further provides that such records shall be posted on the website of the agency with which the public body is affiliated, as soon as practicable, but not less than twenty-four hours prior to a meeting during which they will be discussed, and a reasonable number of copies of such records shall be made available, to the extent practicable, at or prior to the meeting, and WHEREAS, said legislation would be a significant burden on staff and resources at the local government level, let alone could cost counties more money to make additional copies and to expand its technology to accommodate such requirement, and WHEREAS, said legislation would require all agency boards to make their records available to the public, in which Tompkins County has approximately fifty advisory boards, councils, and committees that this may affect, along with the eight legislative standing and special committees and the Legislature, and WHEREAS, Tompkins County also consists of some municipalities that do not have internet capability, therefore requiring them to make paper copies available and causing additional expenses for that municipality, and WHEREAS, the impetus to assure timely public availability of public documents is admirable, and reflects what Tompkins County already does for its Legislature and Legislative Committees, the proposed legislation may impose significant costs for staff to post and for server space to house minutes 187 June 1, 2010 and agendas of all advisory and agency boards, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hereby opposes Assembly Bill A.9911 and urges the New York State Senate to also oppose such a bill unless and until the proposed legislation is amended to provide state monies to municipalities to cover this unfunded mandate, RESOLVED, further, That a certified copy of this Resolution be sent to New York State Senators George H. Winner, Jr., James L. Seward, and Michael F. Nozzolio, Assemblywoman Barbara S. Lifton, and the New York State Association of Counties, and any others deemed necessary. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 84 - ENDORSEMENT OF LEGISLATIVE BILL S07652 AND A10127 AUTHORIZING A $0.25 PER $100 MORTGAGE RECORDING TAX ON OBLIGATIONS SECURED BY A MORTGAGE ON REAL PROPERTY — Amended by Resolution No. 92 of 2010 MOVED by Mr. Dennis, seconded by Mr. Stein. Ms. Herrera said in the past she has not voted in favor of additional mortgage taxes but thinks this revenue is greatly needed in the upcoming budget year. She said this also contains a sunset provision and will end in three years if not renewed. Mr. Lane said he will not support this resolution because of the imposition of the Transfer Tax that the County adopted years ago. Mr. Mareane said there are 46 counties in New York State outside of New York City that have a Mortgage Recording Tax rate of $1 or more. This would bring Tompkins County to the $1 level. There are six other counties that have the transfer tax in that bracket. A voice vote resulted as follows: Ayes — 12, Noes - 3 (Legislators Lane, McKenna, and Proto). RESOLUTION ADOPTED. WHEREAS, Resolution No. 185 of 2009 requested the New York State Legislature to introduce legislation to impose authorizing a $0.25 per $100 Mortgage Recording Tax on obligations secured by a mortgage on real property, and WHEREAS, the New York State Legislature introduced S07652 and A10127 "An Act to amend the tax law, in relation to authorizing the County of Tompkins to impose a county recording tax on obligation secured by a mortgage on real property", and WHEREAS, the legislation proposed is consistent with the County's request, and WHEREAS, the proposed State legislation requires that each enactment of a local law by the County to impose the Tax be for a period of time no longer than three years from the date of its enactment, while allowing for the subsequent adoption and enactment of local laws to continue the Tax following the expiration of prior local laws, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature endorses and requests State approval of legislation known as S07652 and A10127 authorizing the County to adopt a local law imposing a twenty-five cent per each one hundred dollars mortgage recording tax on obligations secured by a mortgage on real property. SEQR ACTION: TYPE II -20 RESOLUTION NO. 85 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2011 BUDGET 188 June 1, 2010 MOVED by Mr. Dennis, seconded by Mr. Shinagawa, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a depai tment 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 July 26, 2010, and WHEREAS, the Tompkins County Legislature wishes to establish targets in order for departments and agencies to submit their 2011 budget requests, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units for preparation of the 2011 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets in the 2010 adopted budget shall be decreased by 6.9% and shall not include 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 in the 2010 adopted budget shall be decreased by 6.9% and shall not include one-time funding nor adjustments for prior years. 3. For all County departments' fiscal targets in the 2010 adopted budget shall be increased to include funding for the required fringe rate increase and then these modified fiscal targets will be decreased by 6.9% and 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 to reduce 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 reducing targets. SEQR ACTION: TYPE I1-20 Individual Member -Filed Resolution(s) RESOLUTION NO. - RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF COUNTY CLERK FOR THE YEARS 2011, 2012, 2013, AND 2014 The following resolution was MOVED by Mr. Dennis, seconded by Mr. Robison. Mr. Dennis said he believes this salary should at least be equal to the salary of the Clerk of the Legislature. He said this Department Head is an elected official but does not have the same benefits as other department heads but does have the same responsibilities. "WHEREAS, State law requires this Legislature to establish the salary for the position of County Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salary prior to the start of the term of office, consistent with State Law, and WHEREAS, during 2007- 2010 the County Clerk's salary increased 3.3% percent annually, resulting in 2010 salary as follows: County Clerk - $ 69,691, RESOLVED, on recommendation of the Budget and Capital Committee, That the salary for the position of County Clerk for the years 2011-2014 shall be $71,265 (Labor Grade Q) and shall be tied to the schedule of increases for the management group during this four-year period." 189 June 1, 2010 It was MOVED by Mr. Stein, seconded by Ms. Kiefer, to offer the following SUBSTITUTE resolution. RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITIONS OF SHERIFF AND COUNTY CLERK FOR THE YEARS 2011, 2012, 2013, AND 2014 WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and County Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and RESOLVED, that for 2011 the Sheriff's salary shall remain at its 2010 value of $85,823 and the salary for County Clerk shall remain at its 2010 value of $69,691, RESOLVED, further, that for 2012, 2013, and 2014 the percentage salary increases for Sheriff and County Clerk shall be the same as the percentage increases (if any) for the Management group. SEQR ACTION: TYPE II -20 *** Ms. Kiefer said she was prepared to offer a different substitute resolution. She thinks what Mr. Stein has proposed (leaving the salary at the 2010 level) is absolutely appropriate in the current economy. She said she would like to see language added to the resolution that states this Legislature recognizes the economic situation and would like there to be no salary increases in 2011. She agrees with tying increases for the positions of Sheriff and County Clerk in subsequent years to increases given to Management employees is appropriate. It was MOVED by Ms. Kiefer, seconded by Ms. Pryor, to amend the substitute resolution by adding the following Whereas: "WHEREAS, it is the intention of this Legislature, recognizing the economic problems that continue to affect State and local governments, to have no increase in salary for 2011, and thereafter for the balance of the elected term 2012-2014 to tie any increases in salaries for these two department heads to whatever change in salary is provided to the Management employees group, now therefore be it". Ms. Herrera said she cannot support the amendment and would like to separate the two positions. She said the job duties of each of these positions are very different. She said in the past this Legislature has been reluctant to tie changes in salaries of Management employees to these elected officials. With regard to the Sheriff position, Ms. Herrera said she thinks it is inappropriate to tie wage increases to negotiated increases when the Sheriff participates in the negotiation process. Mr. Dennis clarified that the increase he proposed for the Sheriff was $1,406 and $1,474 for the Clerk. Ms. Mackesey spoke of the phrase in the resolution that the County has no intention to increase salaries in 2011 and stated that is a negotiated item. Ms. Kiefer said the language she is proposing pertains only to the Sheriff and County Clerk positions. Ms. Pryor said she supports the amendment. She said she cannot support an increase to two positions in a year when no salary increases are being proposed for any County employee. Mr. Dennis clarified that there has been no decision made at this time with regard to 2011 salary increases. Mrs. McBean-Clairborne said she believes these positions, like all positions, deserve a salary increase. She said she cannot support this change because she has never expressed any intention of a zero 190 June 1, 2010 percent salary increase in 2011 and noted those discussions have not yet taken place. She also does not support tying these positions to the Management group. Mr. Stein and Mr. Robison said they do not think the additional Whereas is necessary and raises more questions than it answers. Ms. Chock said although many employees deserve an increase in salary the County cannot afford it in the current economic climate. She said she does not mind combining the two positions into one but does not think the proposed amendment is accurate. A voice vote on the amendment resulted as follows: Ayes — 2 (Legislators Kiefer and Pryor); Noes — 13. AMENDMENT FAILED. Discussion continued on the substitute resolution proposed by Mr. Stein. It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, to amend the amendment by separating the resolution (Clerk and Sheriff salaries): Recess Mr. Shinagawa was excused at 8:05 p.m. Ms. Robertson declared recess from 8:08 p.m. to 8:16 p.m. A voice vote on the motion to separate resulted as follows: Ayes — 8 (Legislators Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Robertson, and Robison); Noes — 3 (Legislators Burbank, Pryor, and Stein); Temporarily out of Room — 3 (Legislators Chock, Dennis, and Proto); Excused — 1 (Legislator Shinagawa). MOTION TO SUBSITUTE CARRIED. Discussion continued on each of the resolutions as separated. RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF COUNTY CLERK FOR THE YEARS 2011, 2012, 2013, AND 2014 WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and County Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and RESOLVED, That for 2011 the salary for County Clerk shall remain at its 2010 level of $69,691, RESOLVED, further, That for 2012, 2013, and 2014 the percentage salary increase for County Clerk shall be the same as the percentage increase (if any) for the Management group. SEQR ACTION: TYPE II -20 *** RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF SHERIFF FOR THE YEARS 2011, 2012, 2013, AND 2014 WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and County Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and RESOLVED, That for 2011 the Sheriff's salary shall remain at its 2010 level of $85,823, RESOLVED, further, That for 2012, 2013, and 2014 the percentage salary increases for Sheriff 191 June 1, 2010 shall be the same as the percentage increases (if any) for the Management group. SEQR ACTION: TYPE II -20 Ms. Herrera said she does not support directly tying these salaries to management salaries and would like to remove that language from the resolution. Ms. Mackesey said under the present fiscal conditions she cannot support granting any salary increase to these positions. A voice vote on the amendment County Clerk's resolution) resulted as follows: Ayes — 12, Noes — 2 (Legislators Dennis and McBean-Clairborne); Excused — 1 (Legislator Shinagawa). AMENDMENT CARRIED; RESOLUTION IS NOW MAIN MOTION. It was MOVED by Mr. Lane, seconded by Mr. Dennis, to amend the motion as follows: RESOLVED, on recommendation of the Budget and Capital Committee, That the salary for the position of County Clerk shall be tied to the schedule of increases for the management group, except that in 2012 the base shall be brought to the level of Labor Grade Q at the time. The schedule will be as follows during this four-year period: 2012: $71,265 (or the same as Labor Grade Q at the time, whichever is more); 2013: whatever increase the management group has received; 2014: whatever increase the management group has received. for the years 2011 2014 shall be $71,265 (Labor Grade Q) and shall be tied to the schedule of increases for the management group during this four year period. " Ms. Herrera said she disagrees with tying either of these positions to a labor grade and with the Management salary schedule. Ms. Pryor said she finds it difficult to believe that the County's financial situation will improve by 2012; therefore, she doesn't support voting to increase the salary for 2012 at this time. Ms. Robertson said she prepared this amendment with the intention of offering a compromise of bringing the salary to the level of Labor Grade Q. Ms. Kiefer said there are no formal job descriptions for either the Sheriff or County Clerk position. She stated the only qualification is that an individual is elected and she opposes applying any labor grade to either position at this time. She said if they become recognized in the future as the professional positions that they can and should be, job descriptions will be developed and a labor grade analysis will be applied to each. She said she looked at the salaries of these positions in contiguous counties and the average salary is less than presently earned by Tompkins County's Sheriff or County Clerk. In a comparison of similar size counties by population the Sheriff earns slightly more and the Clerk being paid slightly less. Ms. Kiefer will oppose any increase in salary at this time for these reasons and because of the current fiscal climate. Mr. Dennis spoke of the Sheriff's salary and said he is troubled in situations where a subordinate is earning more than the department head. He also spoke of the benefits these positions do not have that other management positions are provided. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Dennis, Herrera, Lane, McBean-Clairborne, and McKenna); Noes — 9 (Legislators (Burbank, Chock, Lane, Mackesey, Proto, Pryor, Robertson, Robison, and Stein); Excused — 1 (Legislator Shinagawa). MOTION FAILED. 192 June 1, 2010 A roll call vote on the following resolution resulted as follows: Ayes — 12, Noes — 2 (Legislators Dennis and McBean-Clairborne); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. RESOLUTION NO. 86 - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF COUNTY CLERK FOR THE YEARS 2011, 2012, 2013, AND 2014 (Amended by Res. No. 19 of 2012) WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and County Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and RESOLVED, That for 2011 the salary for County Clerk shall remain at its 2010 level of $69,691, RESOLVED, further, That for 2012, 2013, and 2014 the percentage salary increase for County Clerk shall be the same as the percentage increase (if any) for the Management group. SEQR ACTION: TYPE II -20 RESOLUTION NO. 87 - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF SHERIFF FOR THE YEARS 2011, 2012, 2013, AND 2014 (Amended by Res. No. 19 of 2012) Ms. Herrera and Mr. Dennis spoke against tying percentage increases in salary for the Sheriffs salary to any increases given the Management group; Mr. Dennis noted that the Sheriff is at the table during negotiations for the Sheriff's Department employees. Mrs. McBean-Clairborne noted that her vote in opposition to these resolutions are because she also disagrees with tying salary increases for the County Clerk or Sheriff to increases received by Management. It was MOVED by Mr. Proto, seconded by Ms. Chock, to amend the last Resolved as follows: "RESOLVED, further, That for 2012, 2013, and 2014 the percentage salary increases for Sheriff shall be tied to the percentage increases (if any) for the Management group". Following discussion, Mr. Proto withdrew his amendment. County Administrator Mareane offered to clarify the Sheriff's role in negotiations; the Sheriff participates in negotiations for Corrections and Road Patrol. They are represented by different unions than are Management employees, who are CSEA members so there is no conflict. A voice vote on the amendment resulted as follows: Ayes — 11, Noes — 3 (Legislators Dennis, Herrera, and McBean-Clairborne); Excused — 1 (Legislator Shinagawa). AMENDMENT CARRIED. A roll call vote on the resolution resulted as follows: Ayes — 11, Noes — 3 (Legislators Dennis, Herrera, and McBean-Clairborne); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and County Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and RESOLVED, that for 2011 the Sheriff's salary shall remain at its 2010 level of $85,823, RESOLVED, further, that for 2012, 2013, and 2014 the percentage salary increases for Sheriff shall be the same as the percentage increases (if any) for the Management group. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee 193 June 1, 2010 Mrs. McBean-Clairborne, Vice Chair, had no report. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on May 26th and spent most of the meeting discussing a proposal for a strength in diversity award. She is hoping the Climate Survey will be ready to be distributed soon. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be June 9th. He provided an update on the search process to fill the positions of Public Health Director and Youth Services Director. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee will meet on June 4th and will review the Findings Statement from the Eminent Domain public hearing on Hanshaw Road. There will also be an update on the Solid Waste and Recycling Center proposals. Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on May 20th and again prior to this meeting. He said a meeting of the broadband investigation group was held and they will be circulating a two-page document with recommendations and also reviewing it at the next meeting. RESOLUTION NO. 88 - APPROPRIATION FROM CONTINGENT FUND - DEVELOP A "SMART WORK" TRAINING PROGRAM FOR TOMPKINS COUNTY DEPARTMENTS MOVED by Mr. Lane, seconded by Mr. McKenna. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, the adopted 2010 Tompkins County Budget earmarked contingent funding in the amount of $50,000 for "lean office training," recognizing its potential for long-term efficiencies, and WHEREAS, this training is a results -based process that uses expert facilitators working with County employees within specific work units or program areas to identify process improvements that can enhance efficiency and effectiveness, provide relief to employees, and maintain or improve services to citizens, and WHEREAS, it is believed that the spirit and intent of the training is best captured by naming the training approach "Smart Work" training, and WHEREAS, the Smart Work initiative parallels Tompkins -Cortland Community College's ongoing "lean office training" projects that have been described as effective and highly beneficial by TC3 employees, administrators, and students, and WHEREAS, working with a group of Departments the County Administrator has developed a plan for the first phase of this initiative that will include: Health Department - WIC Program Office for the Aging - PERS Program 194 June 1, 2010 Personnel Department - Human Resource and Payroll System Processing Tompkins Workforce New York/One Stop Career Center - General workflow processing and is expected to cost approximately $22,000, and WHEREAS, at the completion of these initial training projects, the County Administrator will, in conjunction with the Personnel Department and the involved departments, conduct an evaluation of the initiative and report their findings to the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority: From: 1990.54400 Contingent Fund - Program Expense $22,000 To: 1987.54442 In-service Training - Professional Services $22,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 89 - APPROVING SETTLEMENT AGREEMENT IN LAKESIDE NURSING HOME, INC., BANKRUPTCY PROCEEDING MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County is owed real property taxes for the period of January 1, 2000, through May 2003 in the amount of $769,812.11 by Lakeside Nursing Home, Inc., (hereinafter "Lakeside") in addition to interest and penalties, and WHEREAS, Lakeside filed for bankruptcy protection under the United States bankruptcy laws, and WHEREAS, there are not sufficient funds that can be paid from the bankruptcy estate to pay the entire claims of the County and there are other creditors, and WHEREAS, the Legislature authorized the County Attorney to negotiate a settlement, and WHEREAS, the settlement has been presented to the Bankruptcy Court and has been approved by the Bankruptcy Court Judge, and WHEREAS, the settlement provides that the County will receive $710,781.20 including proceeds from a HEAL NY grant in the sum of $372,224 (already received) and $338,557.20 from proceeds from the sale of Lakeside real estate, and WHEREAS, the settlement agreement provides that the agreement is conditioned upon approval by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature approves the Settlement Agreement submitted for, Case No. 06-30071 Lakeside Nursing Home, Inc., Bankruptcy, US Bankruptcy Court Northern District, and authorizes the County Attorney to execute any necessary documents required by the Court to bring this matter to a conclusion. SEQR ACTION: TYPE II -20 Continuation of Report from Government Operations Committee Mr. Lane said at the meeting on May 20th the Committee reviewed the parcels scheduled to be sold in the property foreclosure auction. At a special Committee meeting this afternoon there was discussion and it was decided the parcels would be sold at auction. Mr. Lane said there were members of the public in attendance who were concerned about the Hurd Road parcel in the Town of Dryden because it had been an area that was supposed to be set aside for recreation purposes in a private development area. He said it was owned by a not-for-profit organization that did not make the tax payments. There was a request by some in attendance at today's meeting that the County delay the sale of this property for one year; however, the recommendation from County Administration and the Planning Department was that this property not be removed from the foreclosure sale. 195 June 1, 2010 Ms. Chock said she believes that the County's process of notification to adjacent property owners was changed this year. She said they used to receive a notice with the address of an adjacent property that was going to be foreclosed upon. This year they only received a postcard notification that there would be an auction of foreclosed properties but addresses were not included on the postcard. Ms. Kiefer said she asked that the two properties be looked at again by the Planning Department to see if the two wetlands could be protected. The Planning Department responded they would not change their recommendation because it is difficult to enforce conservation easements. She said she asked the Town of Dryden's Environmental Planner if the Town had any environmental concerns about these parcels. She was told that the residents on Hurd Road had expressed concern about the disposition of the property and that it appears all of the lots from the included subdivision have some rights to access the lot. The Town of Dryden Environmental Planner said if the County were to auction the property without resolving existing issues it could create a very difficult situation for the Town and neighboring residents. Ms. Kiefer said although it costs the County money to withhold properties from auction because it has to make the Town and the school district whole for taxes, the residents assured the County they would cover the taxes if the property were withheld pending clarification of their rights and the sale. It was unclear whether they would cover all taxes. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to add a resolution to the agenda to withhold the Houser property on Hurd Road from the foreclosure auction. It was noted the Committee voted 2:3 against withholding this from auction. Mr. Squires strongly urged the Legislature not to remove this property from the foreclosure auction. He also said he will send every parcel owner a copy of the tax map and tell them the scheduled sale date. He said the Legislature would be setting a terrible precedent by deferring action on this. Ms. Pryor said the Committee very carefully considered this at today's meeting and said there are other options available to the residents to take ownership of this property. The Question was Called by Mr. Dennis, seconded by Mr. Burbank. A voice vote on Calling the Question resulted as follows: Ayes — 11, Noes — 3 (Legislators Chock, Kiefer, and Robertson); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on adding the resolution to the agenda resulted as follows: Ayes — 4 (Legislators Chock, Kiefer, McBean-Clairborne, and Robertson); Noes — 10; Excused — 1 (Legislator Shinagawa). MOTION FAILED. Ms. Robertson said this property is in her district. She said the residents believed this property would remain forever wild and there was no reason to look at advertisements for public auctions. She complimented Mr. Squires for his past work with landowners and said she hopes there is some way for them to find a solution. Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, read an article from Caldwell, New Jersey, concerning the 1910 census. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee will meet tomorrow. 196 June 1, 2010 RESOLUTION NO. 90 - ADDING PARCEL TO AGRICULTURAL DISTRICT NO. 2 (WEST SIDE OF CAYUGA LAKE) MOVED by Ms. Mackesey, seconded by Mr. Proto. Ms. Kiefer said the landowner plans to move to Tompkins County and to turn this land into a vineyard in a year and a half. She said she believes at this time this action is premature and will vote against the resolution for that reason. Mr. Proto said while the individual is not here all of the time there is development taking place. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, Resolution No. 25 of 2004 designated an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, Resolution No. 201 of 2007 revised the schedule of the annual review period so that it begins February 1, and WHEREAS, one landowner has requested addition of parcels totaling 10.76 acres to Tompkins County Agricultural District 2 and no landowners have requested addition of parcels to Tompkins County Agricultural District 1, and WHEREAS, this request has been reviewed and recommended for approval by the Agricultural and Farmland Protection Board, and WHEREAS, this request has been reviewed and recommended for approval by the Planning Advisory Board, and WHEREAS, the County Legislature held the required public hearing on such proposal on June 1, 2010, and WHEREAS, the County Legislature is required to act on such proposals within 120 days under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That approval is granted for the requested addition to Agricultural District 2 of Tompkins County, as specified in the Explanatory Note below. SEQR ACTION: TYPE I1-20 Explanatory Note: Addition of this parcel would result in new total acreage of District 2: 65,230 acres Owner of this parcel has requested it be added to the Agricultural Districts: Town of Ulysses (Agricultural District #2) SWSS: 503689 Parcel: 14.-3-14.61 10.76 acres 1588 Taughannock Blvd. Ms. Herrera requested that she be provided with information distributed to committee chairs prior to the June 15 meeting. Approval of Minutes of May 7, 2010 It was MOVED by Ms. Pryor, seconded by Mr. Proto, to approve the minutes of May 4, 2010 as submitted. A voice vote resulted as follows: Ayes — 12; Noes — 1 (Legislator Dennis); Temporarily Out of Room — 1 (Legislator Herrera); Excused — 1 (Legislator Shinagawa). MINUTES APPROVED. Adjournment On motion the meeting adjourned at 9:35 p.m. 197 June 15, 2010 Regular Meeting Call to Order Chair Robertson called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators (Legislator Stein arrived at 5:36 p.m.). Announcement Ms. Robertson announced an executive session would be held later in the meeting to discuss real estate negotiations and a personnel matter. Privilege of the Floor by the Public Brian Zapf of the Alternatives Federal Credit Union expressed appreciation for the support the Legislature has provided. He then thanked the many volunteers who trained and put in over 1,900 hours assisting individuals with filing of income taxes. As a result of the work completed over $3.5 million was refunded to members of the community, saving over $350,000 in tax preparation fees. Mr. Zapf said the program is earmarked for low-income families and the refunds were mainly from Earned Income and Child Tax Credits. Mr. Stein arrived at this time. Doug Brittain, 135 Warren Road, addressed the upcoming Special Legislature meeting on June 30th relating to Hanshaw Road and asked Legislators to drive to an area similar to Hanshaw Road to view the effects of reconstruction. Mr. Brittain suggested Route 366 in Varna and Pleasant Grove Road as possible sites. He said the profile of the road becomes smooth and it does not feel as though you are driving through a neighborhood. In addition, he noted that crossing roads becomes more difficult since it is hard to tell how far away a vehicle is from you. Report from Municipal Officials No municipal official was present. Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, reported on the Tompkins County League of Women Voters' leading role at the National Convention in Atlanta. She said they have been working with League of Women Voters in Pennsylvania and Midwest on a resolution in support of safe drilling and mining for energy resources, which although not on the National League's agenda, received support and was adopted. This will mean that Leagues in every state will be lobbying to have the exemption for mining activities removed from other Federal legislation and similar kinds of issues. She said it is a great victory for the local League. Mr. Stein, District No. 11 Legislator, suggested the Legislature consider holding itself to the same three-minute discussion limit as requested of the public. Legislators have the ability to discuss concerns more directly and he feels hearing from the public is more important. 198 June 15, 2010 Ms. Chock, District No. 3 Legislator, reported on her attendance in Syracuse today with a newly formed group of young people working on the issue of hydraulic fracturing. The group put together a series of press conferences to take place in six regional New York State Department of Conservation offices to show support for the bill sponsored by Assemblyman Steven Englebright and Senator Joseph Addabbo that went to the Environmental Conservation Committee of the Senate yesterday. She was asked to provide input on what the County had done regarding the matter. The bill is still sitting in the Environmental Conservation Committee. However, the Committee passed the Thompson/Sweeney bill that provides a one-year moratorium on new hydrofracking permits. It is a start that acknowledges New York State needs to do more before completing regulations. This bill will now go to the Senate Rules Committee. Ms. Chock then announced the documentary "Gasland" will be appearing on HBO on June 21St. Mrs. McBean-Clairborne, District No. 2 Legislator, announced this Saturday is the Junteenth Community Celebration. She noted this celebration is the oldest known celebration of the final ending of slavery in the United States, 2.5 years after President Lincoln's Emancipation Proclamation. On June 19, 1865 General Gordon Granger led Union soldiers into Galveston, Texas, and delivered the message that all of the Black people were now free. This announcement led to many celebrations and years later, the phrase "Juneteenth" was coined to commemorate the event. Mrs. McBean-Clairborne announced last Saturday was the Open House for the newly renovated Greater Ithaca Activities Center. After having been relocated for almost a year they are now moving back into the location, however, the building will not be open to the public until July 6th. She expressed appreciation to those attending the event. Mr. Dennis, District No. 15 Legislator, referred to Mr. Zapf's report and noted that the County support of $9,500 returned over $3 million to County residents; this is a great return and shows effective use of County funds. Mr. Proto, District No. 7 Legislator, reported the Dryden Dairy Days was held this past weekend and was well attended. He noted Mr. Lane has made every presentation of the Dairy Princess within the County and deserves congratulations for his efforts. This year there were 8-10 girls in the Court who will travel throughout the state as representatives of the County. He then reported on the annual Envirothon, an event of high school student teams on the topic of environment, farming, citizenship, etc. This year as the Lansing team was unable to go, Trumansburg represented the County, having brought together a team in a single day, and scored well. He congratulated them on the effort. Mr. Proto suggested the Civil War Commission provide a presentation to the Legislature on work done for the event. One recommendation is to have a nursing scholarship awarded. He noted the field nurses during the Civil War were overlooked with regard to the importance of the work they did. Ms. Mackesey, District No. 1 Legislator, announced the New York State Department of Transportation is at City Hall Common Council chambers discussing proposed changes to reduce garbage truck traffic in the region. She said once the State decides its course of action she would give a presentation to the Legislature. Mr. Lane, District No. 14 Legislator, said the Dryden Dairy Days was a wonderful event celebrating Dairy throughout Tompkins County and had a bigger crowd than previous celebrations. In addition to the vendors and displays, over 50 decorated cows were on display at Times Square in the village. Mr. Lane spoke of the State budget being delayed 11 weeks. He said news from Albany such as cuts in social service programs and other areas also cause concern, particularly those that the State mandates but may not fund. He would like Legislators to be aware of the situation and let State representatives know it is not acceptable. He also spoke of how the delay in the State budget is creating concern in financial markets such as municipal bonding. Mr. Robison, District No. 9 Legislator, thanked the Legislature for the recognition certificate presented to the Village of Groton for their recent celebration. He said a representative from Senator 199 June 15, 2010 Arcuri's office as well as Assemblywoman Lifton were present. Numerous former mayors were also present at the event and he learned more of the Village's history by participating. Presentation — Downtown Ithaca Alliance Strategic Plan Gary Ferguson, Executive Director of the Downtown Ithaca Alliance, provided the Legislature with an executive summary of the draft strategic plan as well as an overview of its contents. The presentation included the following points: Key Concepts and Big Ideas • Downtown is a dense urban environment • The downtown streetscape must provide a preference to pedestrians • The downtown streetscape must preserve, protect, and enhance the retail core • New projects and buildings should be mixed use • In -fill development is the preferred way to develop downtown • Reducing downtown dependence on automotive usage is a key goal • There are transitional zones between downtown and abutting neighborhoods • The Commons is an integral part of the downtown transit hub • We must seek to cluster pedestrian foot traffic generating uses into downtown • Downtown is the community's focal center • Downtown should serve as a showcase for the community's interest in green and sustainable practices Volumetric Study of Downtown • Downtown can support another 1.4 million Square Feet of new development • There are approximately 25 locations for in -fill and/or redevelopment opportunities Downtown Housing • Add up to 500 new units in downtown (2010-2020) • Need to provide assistance and subsidy for downtown housing projects • Need to provide additional subsidy for projects that feature affordable housing units Tourism • Downtown is a key regional tourist destination (second only to State Parks and gorges) • Rebuild and expand the Ithaca Commons • Add meeting/function space in downtown that can accommodate conferences • Build at least one additional hotel to create a critical mass of room in downtown and ensure that assistance and subsidy is available for these projects • Improve way -finding signage to downtown and within downtown • Create a joint community/CU/IC/TC3 downtown welcome center Office Development • Need to increase the supply to downtown office space by 200,000 Square Feet by adding another 1-2 new buildings • Goal of adding 600 new employees to greater downtown workforce • Downtown should strive to retain 50% of the region's commercial office space • Work with the County and City on a joint new administrative office building, freeing up existing buildings and spaces for re -use • Much of this new growth will be institutional in nature (governmental/education) Transportation 200 June 15, 2010 • Institute transportation demand management (TDM) practices to reduce the usage of automobile trips for downtown employees • Create a transit shuttle route connecting downtown and Ithaca College • Further improve the transportation linkage between downtown and Cornell University/Collegetown by pursuing a fixed rail trolley route or some other alternative transit • Ensure that downtown has sufficient parking capacity for the proposed new development, first using transportation demand management strategies and then, if needed, from adding additional parking capacity for cars, bicycles, and mopeds Connecting Downtown • Explore ways to better connect downtown with Ithaca College, both physically and through transit enhancements • Explore ways to better connect downtown with Cornell University/Collegetown, physically and through collaborative marketing • Explore ways to better connect downtown to the West End and Inlet Island, physically and through collaborative marketing Regional Growth and Development • Collaborate with Tompkins County and other entities on efforts to strengthen and improve traditional and historical village center and hamlet nodes • Collaborate with Tompkins County and other entities on regional efforts to contain and reduce sprawl, thereby creating a more sustainable and green community • Undertake an economic assessment and possible recalibration of the Community Investment Incentive Program (CIIP) tax abatement program Mr. Ferguson said the document is being revised and it is anticipated the final report will be completed by the fall. He said the full copy of the draft can be reviewed at www.downtownithaca.com. Mr. Proto asked if Ithaca College would be included in the community/college Welcome Center. Mr. Ferguson said all the schools would be included. The Welcome Center would act much like a museum as well as a welcome center, acting as a point of entry for visitors and those seeking higher education. Ms. Kiefer mentioned the desirability of including green spaces and pocket parks in the planning. Mr. Ferguson said that is being looked at. In response to Ms. Chock's comments about the importance of recognizing how downtown serves as a point of focus for the entire county, Mr. Ferguson said the Convention and Visitors Bureau study recently done indicated downtown is key in drawing people from outside. He also said that contrary to some opinions that if enough building took place the City could be self-sufficient without outsiders is inaccurate and that the success of downtown has been proven to be by people coming into the region. Chair's Report Ms. Robertson noted the Greater Ithaca Activities Center renovations are wonderful and she was pleased to tour the facility. It will be a community center that can serve a broader community Ms. Robertson is grateful the Legislative bill enacting a moratorium on gas drilling passed the Assembly Environmental Conservation Committee, and she believes the residents of Tompkins County had a great deal to do with the lobbying to get action passed thus far. She reported having been in New York City as a guest speaker for the Sierra Club about actions taken in support of the Englebright/Addabbo legislation and a rally on the Ithaca Commons on Saturday calling attention to the documentary "Gasland". Ms. Robertson expressed appreciation to Legislators for their flexibility to hold a special Legislature meeting on June 30th to take action on findings related to the Hanshaw Road project and noted 201 June 15, 2010 staff will be bringing information regarding the project and will allow the Legislature to have a full discussion of findings and project information. Report from the County Administrator Mr. Mareane spoke of the State budget extenders being passed and said staff is analyzing them. Although there is concern, one extender provided full funding for the Consolidated Highway Improvement Plan (CHIPS), which will allow the County to proceed with the approved projects, and approximately $160,000 was approved for summer youth employment programs. With regard to the County budget, rather than a line -item review, the inventory and assessment of programs will assist in making decisions during the 2011 budget process. He thanked staff for their efforts in compiling the information. Mr. Mareane spoke of the New York State Association of Counties continued effort regarding public safety broadband. It appears there is an opportunity for federal stimulus funds to support broadband public safety communications, leading to an application for funding. If approved it will assist in advancing current technology in the public safety areas. Report from the County Attorney Mr. Wood reported as a follow-up to action taken regarding Lakeside Nursing Home's bankruptcy and said the County received a check for the remaining balance of $338,000. A payment of $373,000 had already been received. Report from the Finance Director Mr. Squires was not present due to the foreclosure auction scheduled for the same time as the Legislature meeting. Addition of Resolution(s) from the agenda It was MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote, to add the resolution to the agenda entitled Rescission of Resolution No. 84 of 2010 and Endorsement of Legislative Bills S7652A and A10127A Authorizing a $0.25 Per $100 Mortgage Recording Tax on Obligations Secured by a Mortgage on Real Property. It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to add the resolution to the agenda entitled In Appreciation of Retiring Public Health Director Alice Cole. It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to add the resolution to the agenda entitled Request Regarding Delays in Release of Quarterly Statewide Mass Transit Operating Assistance Payments from the State of New York. Resolution(s) Withdrawn from the Agenda There were no resolution(s) withdrawn from the Agenda Individual Member -Filed Resolution(s) RESOLUTION NO. 91 - IN APPRECIATION OF RETIRING PUBLIC HEALTH DIRECTOR, ALICE COLE It was MOVED by Mr. Proto, and unanimously seconded, and adopted by voice vote. Ms. Robertson said a celebration of Ms. Cole's career is planned for June 18`h. Mr. Proto said there is a great 202 June 15, 2010 deal more work that Ms. Cole has completed in her career than could be listed in the resolution. RESOLUTION ADOPTED. WHEREAS, Alice Cole began working for Tompkins County as a Supervising Public Health Nurse in 1989, was promoted to Director of Patient Services in 1991 and promoted to Public Health Director on July 13, 1993, and WHEREAS, under Alice's guidance and management the depaitment addressed and developed plans and programs to meet requirements for preparedness planning, including most recently the H1N1 pandemic, and WHEREAS, Alice developed, supported and provided effective leadership in many areas, including a needle -exchange program, bloodborne pathogen policy and training, preventive dental health initiative with the Department of Social Services, interagency work with primary schools and colleges, Health Planning Council, Cayuga Medical Center and other community organizations, and WHEREAS, Alice has been a powerful educator and advocate about public health services, emerging critical issues and essential funding needs in the community, and WHEREAS, Alice is known and respected for her leadership, passion for public health, and encouraging staff to seek creative ways to provide service while maintaining efficiency, effectiveness, and high standards of public service to the community, and WHEREAS, Alice is a lifelong resident of Tompkins County with over thirty-five years of nursing experience, with twenty-one years of service with the Tompkins County Health Department, now therefore be it RESOLVED, That the Tompkins County Legislature recognizes, on the occasion of her retirement, the many significant contributions Alice has made to promote, protect, and improve the health of the people of Tompkins County consistent with Public Health Law, RESOLVED, further, That the Tompkins County Legislature extends its sincere appreciation and best wishes for a healthy and happy retirement to Alice on this well-deserved occasion. SEQR ACTION: TYPE II -20 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 93 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET - 2010-2011 It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on July 6, 2010, 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 2010-2011 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 -20 203 June 15, 2010 Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda. Ethics Advisory Board Willard Ticknor Daetsch - term expires December 31, 2013 Workforce Diversity and Inclusion Committee Jamaica Breedlove - County staff representative; term expires December 31, 2012 Anita Fitzpatrick - County staff representative; term expires December 31, 2012 Tompkins County Youth Services Board Patricia M. Van de Bogart — At -large representative; term expires December 31, 2012 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Dennis, Chair, reported the Committee heard information regarding the Tompkins Cortland Community Budget and will approve it at the next meeting. RESOLUTION NO. 92 - RESCISSION OF RESOLUTION NO. 84 OF 2010 AND ENDORSEMENT OF LEGISLATIVE BILLS S7652A AND A10127A AUTHORIZING A $0.25 PER $100 MORTGAGE RECORDING TAX ON OBLIGATIONS SECURED BY A MORTGAGE ON REAL PROPERTY It was MOVED by Mr. Dennis, seconded by Ms. Kiefer. Mr. Mareane said the resolution will correct the State's error of not including the sunset clause on their legislative bills. Ms. Herrera said she opposes adding resolutions to the agenda, however, the resolutions added this evening praises departing staff, corrects a mistake made by the State, and due to a time constraint asks for State funding. Therefore she supports the additions and noted she would accept this resolution due to the sunset clause being added. A voice vote on the resolution resulted as follows: Ayes — 13,Noes — 2 (Legislators Lane and Proto). RESOLUTION ADOPTED. WHEREAS, Resolution No. 185 of 2009 requested the New York State Legislature to introduce legislation authorizing the County to impose a $0.25 per $100 Mortgage Recording Tax on obligations secured by a mortgage on real property, and WHEREAS, Resolution No. 84 of 2010 endorsed New York State Legislation Bills S07652 and A10127 authorizing the County to impose a $0.25 per $100 Mortgage Recording Tax on obligations secured by a mortgage on real property, and WHEREAS, the legislation was amended and as proposed is inconsistent with the County's request as adopted by Resolution No. 84 of 2010, and WHEREAS, the New York State Legislature introduced S7652A and A10127A "An Act to amend the tax law, in relation to authorizing the County of Tompkins to impose a county recording tax on obligation secured by a mortgage on real property," and WHEREAS, the proposed State legislation also provides that the authorization to impose the Tax shall expire on December 1, 2013, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 84 of 2010 be rescinded, RESOLVED, further, That the Tompkins County Legislature endorses and requests State approval of legislation known as S7652A and A10127A authorizing the County to adopt a local law 204 June 15, 2010 imposing a twenty-five cent per each one hundred dollars mortgage recording tax on obligations secured by a mortgage on real property. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Shinagawa, Chair, reported the Committee met on June 7th. Assigned Counsel provided a report showing the utilization of counsel by high school and college students, which indicates assistance is mainly for high school students. The Committee had a presentation by Dr. Them, Head of the Occupational Safety Practice section of the Guthrie Health Facility, regarding the social and public safety implications of hydrofracture gas -drilling. Dr. Them had lived in Wyoming and Texas, working as a chemist within the natural gas industry for eight years. Dr. Them did not discount the County's concerns, however, he said there will be a greater frequency of things the County would be handling due to the increased number of trucks containing chemicals and dealing with situations of workers during off -work periods. He also spoke of residents who held leases on land making a great deal of money; they subsequently were targets for scam artists, many of whom lost their money. Mr. Shinagawa said he believes Dr. Them would be able to present at a future Health and Human Services Committee meeting. Mr. Dennis said one area of concern, in the event of gas drilling, is rental property. The people working for the gas companies require housing, which then displaces local residents. Ms. Chock said the Bradford County Soil and Water Conservation District reported in that County costs increased from $7,000 to over $300,000, with the majority of the increase due to public safety and assessments. Mr. Proto said some of the housing loss would be for a temporary period; he suggested the possibility of a room tax to assist in offsetting additional expenses. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee meets on June 23rd. She spoke of the Ithaca Dragonboat Festival and urged Legislators to participate or become a sponsor. It was noted there would be a practice session prior to the race. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on June 4th and acted upon resolutions coming to the Legislature. In addition, a discussion took place regarding amendments to the Board of Health bylaws; Ms. Kiefer offered suggestions that will require Board of Health approval prior to the resolution coming before the Legislature. He announced the Health Department will move to Brown Road mid-July and will open to the public on July 19th. The Public Health Director search is continuing; reviewing applicants is taking longer than anticipated due to international credentials. The Committee was informed that the Human Services group met for the first time to discuss a variety of topics relating to budgeting concerns. The group will meet again on June 30th at 2:00 p.m. to discuss the impacts of the State's reductions. Mr. Proto said he met with Mr. Schlather, Executive Director of Cornell Cooperative Extension, to discuss the proposed changes regarding regionalization of Extension offices and how it would affect their agency. Mr. Proto said a copy of the Health Department Annual Report is available in the Legislature office. The next meeting is July 14th RESOLUTION NO. 94 - AUTHORIZATION TO ACCEPT AND ADMINISTER `COMMUNITY SOLUTIONS FOR TRANSPORTATION' GRANT - DEPARTMENT OF SOCIAL SERVICES It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote. RESOLUTION ADOPTED. 205 June 15, 2010 WHEREAS, the Department of Social Services has been awarded a $25,239 TANF-funded Community Solutions for Transportation (CST 9) grant, accessible only through a contract with New York State Department of Transportation (NYSDOT), and having an expenditure deadline of June 30, 2010, and WHEREAS, the grant will fund transportation services targeted to eligible participants, defined as family assistance recipients and persons with incomes under 200% of federal poverty rate, in accordance with procedures established by the NYSDOT and the Office of Temporary Disability Assistance as follows, and WHEREAS, the Department intends to use these funds for the pre -approved purposes of a Working Families Bus Pass program ($10,000) and a Working Families Gas Cards program ($15,239), and WHEREAS, the county's Community Transportation 2 program is well suited to administer those programs, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept the CST 9 award, enter into a contract with NYSDOT accordingly, and to execute and implement a Memorandum of Understanding with Community Transportation 2, RESOLVED, further, That the Director of Finance is authorized to make the following adjustment to Social Services' 2010 budget: Appropriation: 6010.54442 Professional Services $25,239 Revenue: 6010.44609 Fed: AFDC $25,239 SEQR ACTION: TYPE II -20 RESOLUTION NO. 95 - ALLOCATION OF 2006 FEDERAL JOB ACCESS AND REVERSE COMMUTE GRANT (JARC) AMONG TOMPKINS COUNTY, TCAT, AND OTHER PARTIES It was MOVED by Mr. Proto, seconded by Mr. Dennis. Mr. Proto explained the importance of using the grant funding and how the reporting provides benchmarks A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County was awarded $544,963 in Federal Transit Administration (FTA) Section 5316, Job Access and Reverse Commute (JARC) funds in 2006, as authorized by County Resolution No. 76 of 2006, with said funds proposed for use by Tompkins County and Tompkins Consolidated Area Transit, Inc. (TCAT), and WHEREAS, the County, TCAT, and Ithaca -Tompkins County Transportation Council (ITCTC) agreed to allocate the remaining sum of $165,713 in FTA grant funds through a public request for proposal process conducted by the ITCTC in February and March of 2010, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature obligates the remaining 2006 three-year JARC grant funds (NY -37-X053) to result in a total distribution as follows: Sponsor Project Federal (FTA) TCAT TCAT Rural Demand Response 2010-11 $ 146,250 DSS CityVan - Ithaca Dispatch 2010-11 $ 159,468 DSS Working Families Taxi Vouchers 2010-11 $ 3,000 DSS Guaranteed Ride 2010-11: DSS 2010-11 $ 3,000 DSS Wheels for Work - Car Loans 2010-11 $ 72,180 Catholic Charities Catholic Charities Car Repair 2010-11 $ 15,000 CCETC Way2Go mobility education program - 2010-11 $ 65,000 Challenge, Inc. Individual Travel Training Program 2010-11 $ 12,900 FISH Volunteer Driver Medical Transportation 2010-11 $ 5,984 GADABOUT Operating assistance to Challenge, Inc 2010-11 $ 21,656 206 June 15, 2010 Ithaca Carshare GIAC, Way2Go, Ithaca Carshare Pilot 2010-2011 $ 22,500 L.Lightborne Enterprises Driver Safety Training 2010-11 $ 15,025 WOC Taxi Vouchers 2010-2011- WOC $ 3,000 Total $ 544,963 RESOLVED, further, That the FTA funds will be made available to the sponsors contingent upon their compliance with all applicable Federal requirements, RESOLVED, further, That the County, as the FTA recipient and grant manager, may amend the allocation of FTA funds if project sponsors are unable to expend FTA funds before January 1, 2012, RESOLVED, further, That the Tompkins County Administrator or designee is authorized to sign any and all agreements between Tompkins County and third party contractors necessary to complete the project. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the Committee met on June 4th and discussed the determinations and findings statement for the eminent domain hearing for the Hanshaw Road project. She asked that all Legislators be provided a copy of the mailing that went to approximately twenty property owners who had not previously received notice of the hearing. At the meeting a presentation was made by the City Public Arts Commission on the Street Arts Program. This group identified two County buildings as potential sites: the curved wall of the Old Library and the East side of Building "C". Ms. Grubb, the presenter, explained the process involved. The Committee took the information under advisement and will discuss possible action at the next meeting. With regard to the Hanshaw Road project, Ms. Kiefer said a special meeting of the Legislature will be held on June 30th to consider the resolution to accept the determinations and findings. Subsequent to the June 4th Committee meeting, additional discussion took place at the administrative level to determine how to assist in clarifying information regarding ownership of property along the 1.3 centerline miles of Hanshaw Road affected by the rehabilitation project. The project will have driving lanes the same width (11 feet), paved shoulders (4 feet, the State minimum based on Federal standards), and will include a sidewalk on the north side of the road that was requested by the Town of Ithaca. Four to five years ago there were many meetings held at the Town level and eventually at the County level regarding the inclusion of sidewalks. The last meeting the County held was in 2007; since then the project has been awaiting comments and funding from the State. Between 2007 and now, approximately six houses have changed ownership and not all were aware of the pending roadwork. Ms. Kiefer apologized and noted the project pre -dated their ownership, with the County having made accommodations for landscaping with the previous owners. Since they are new homeowners the County will be contacting them as well. Ms. Kiefer said that when the eminent domain consultants went to meet with homeowners and review maps they were told to apply the Coddington Road decision. However, property deeds on Hanshaw Road are not like those on Coddington Road. The Coddington Road deeds indicated the County had a right-of-way up to 25 feet from the centerline. The court decision indicated that is not adequate and that the County has to be able to show ownership. Since the use of that space as a County road pre -dated any records the County could not show the ownership, and therefore, the County could only have control of what it already used, which is less than 25 feet from the centerline in some instances. What is different about the Hanshaw Road is that many, possibly most of the properties there do not show deeds where the property owner owns not to the center line or to the edge of the road, but their properties stop somewhere short of 25 feet from the center line which means between 25 feet from the center line and their property there is kind of a "no -man's" land" and it is unclear who owns that. Because of this "no -man's" land, the County decided to act as though the County owns up to the point of its use and to pay the property owners for the use of that land. 207 June 15, 2010 Ms. Kiefer said there were approximately 20 property owners who had not been notified of the eminent domain hearing. Although it would not be considered an error in the process, the County has determined to open up the record of the public hearing for those property owners and asked for comments by 4:30 p.m. on June 24`h. This will allow staff time to analyze and respond to the comments prior to action on the findings statements. Ms. Kiefer said Hanshaw Road has an average daily traffic of 6,000 vehicles per day and is classified as an urban collector and minor arterial. She noted residents are concerned about speeding along the road, however, for the Sheriff to provide additional patrols a request would need to come from the Town of Ithaca. Ms. Kiefer said highway design law requires consideration of actual traffic speed, although this design is not what the County would prefer, it is required. When the project goes out to bid the County will ask to include traffic calming measures such as colored shoulders and the traffic light, but they may not be included in what the County can afford. The next steps will be to have the consultants, Fisher Associates, provide revised rights-of-way maps by the end of August and hold an additional public information meeting in September. It is anticipated that the appraisal process will be completed by December. Ms. Robertson said comments received will be forwarded to Mr. Lampman and that the recent mailing was copied to other residents within the project area. Ms. Robertson stated the new requirements of Eminent Domain Law include strict -sounding language as well as the requirement to not use in-house staff negotiation. Mr. Wood said the law requires a legal notice be placed in the newspaper and to serve all property owners who would be affected personally or by certified mail and the Highway Division prepared said notices. The law also states inadvertent failure to notify does not negate the hearing or findings. In addition, the law requires specific language stating if property owners do not come to the hearing they lose the right to challenge on anything they could have raised at the hearing. While the terminology could be better, the County followed the law exactly. He said that professional consultants are being used with regard to contacting individuals to negotiate and address the taking of land for the right-of-way. Mrs. McBean-Clairborne asked if it was too late to address traffic -calming measures. She is uncertain colored shoulders would be adequate to slow traffic and asked if consideration of alternative traffic calming could be done. Ms. Kiefer responded that during design several alternatives were considered and asked if there are specific ideas to submit them for consideration. In response to Mrs. McBean-Clairborne's suggestion of speed tables, they were ruled out due to the urban collector and minor arterial designation. Mrs. McBean-Clairborne then asked if it is possible to amend the designation. Ms. Kiefer noted the public information meeting would also provide an opportunity for residents to address concerns. Ms. Kiefer referred to Mr. Brittain's comments about comparing Varna and Pleasant Grove Road and noted Varna has more commercial properties, and Pleasant Grove Road does not have housing on both sides of the road, which makes them different. Ms. Robertson said the residents of Varna would welcome sidewalks. Mr. Stein said there is no question that vehicles travel above the speed limit on Hanshaw Road. Also there is a difference of opinions between residents and staff that the ambient speed will increase. He said in a sense the question is irrelevant; at the present time speeds are unacceptable and should be addressed. He explained in order to determine whether the reconstruction created higher speeds is to get accurate measurement of speeds as function of distance before and after the work. If it were proven to be true that speeds increased then something should be done. He said traffic -calming measures such as planting of trees, or rumble strips between the road and shoulder to announce a driver is going off the travel lane may be appropriate. He also suggested the signs that clearly tell drivers their current speed helps to bring about awareness. 208 June 15, 2010 Ms. Robertson spoke of similar issues in her district and that the staff is open to listen to residents; the eminent domain hearing does not mean changes cannot occur. RESOLUTION NO. 96 AUTHORIZING AN INTERFUND LOAN FROM THE GENERAL FUND TO AIRPORT CAPITAL PROJECT FUND TO FINANCE THE DESIGN AND CONSTRUCTION OF AN EXPANSION OF THE LONG-TERM PARKING LOT — ITHACA TOMPKINS REGIONAL AIRPORT It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne. It was noted the parking lot expansion is due to an increased use of the airport by passengers residing outside of the County. The plan will remove some trees to expand the lot. At this time the Airport cannot directly pay for the project and will borrow from the General Fund. The increased parking revenue will be used to pay back the loan. A brief discussion took place regarding the interest rate being charged. Mr. Mareane explained that the interest rate is in line with current interest rates. Mr. Burbank would like the Committee to take tree removal/replacement into consideration when the award of bid takes place. Mr. Lane said he believes the interest rate is appropriate due to staff providing administrative services. A short roll call resulted as follows: Ayes — 14, Noes — 1 (Legislator Burbank). RESOLUTION ADOPTED. WHEREAS, the recent increases in passengers using the airport terminal have caused repeated capacity problems in the airport's long-term parking lot, and WHEREAS, the existing airport master plan included an expansion of the parking lot in 2011, and WHEREAS, the airport's passenger enplanements and deplanements have increased at a much greater level than anticipated, such that there are concerns that the public's parking needs will exceed capacity during the traditionally busy Thanksgiving and Christmas holiday periods, and WHEREAS, the airport's engineering consultants, C&S Companies of Syracuse, New York (C&S), have provisionally indicated the long-term lot can be expanded by approximately 65 spaces to relieve the capacity problems for the foreseeable future, and WHEREAS, the Airport Fund does not currently have sufficient liquidity to finance the parking lot expansion, and WHEREAS, revenues from the parking lot are currently 18.5% over budget, and combined with incremental income from the facility expansion, are considered sufficient to secure a $140,000 Interfund Loan from the General Fund in order to expedite needed improvements, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That additional parking capacity is desirable and the Director of Finance is authorized to provide an Interfund Loan to the Airport and implement the following budget adjustment: From: General Fund Account 9576.54400 Contribution to Construction $140,000 To: Airport Capital Project Fund HT5601.45031 Interfund Revenues $140,000 Airport Capital Project Fund HT5601.59239 Project Expense $140,000 RESOLVED, further, That the Airport is directed to make provisions in future budgets to amortize the $140,000 loan over a three-year term at 3.5% interest, and annual repayment of $49,228, principal plus interest. SEQR ACTION: TYPE II -7 RESOLUTION NO. 97 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S COMPANIES TO DESIGN AND INSPECT AN EXPANSION OF THE LONG-TERM PARKING LOT — ITHACA TOMPKINS REGIONAL AIRPORT It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne. Ms. Kiefer recognized the 209 June 15, 2010 concerns regarding the removal of trees and said the Committee requested Mr. Nicholas look at possibly replanting trees elsewhere. It was noted the trees facing the airport along the sidewalk would not be removed. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the recent increases in passengers using the airport terminal have caused repeated capacity problems in the airport's long-term parking lot, and WHEREAS, the existing airport master plan included an expansion of the parking lot in 2011, and WHEREAS, the airport's passenger enplanements and deplanements have increased at a much greater level than anticipated, such that there are concerns that the public's parking needs will exceed capacity during the traditionally busy Thanksgiving and Christmas holiday periods, and WHEREAS, the airport's engineering consultants, C&S Companies of Syracuse, New York, (C&S) have provisionally indicated the long-term lot can be expanded by approximately 65 spaces to relieve the capacity problems for the foreseeable future, and WHEREAS, in keeping with the airport's environmental goals it is considered desirable, if feasible, to replant an equal number of trees to those removed during the course of the parking lot expansion project, and WHEREAS, the Facilities and Infrastructure Committee will review the final design of parking lot expansion project before bids are requested, and WHEREAS, C&S' estimated construction costs for said expansion is $117,000, and WHEREAS, C&S is proposing to design and inspect said expansion project for a fee of $23,000, and WHEREAS, revenues from the parking lot for 2010 are currently 18.5% over budget and are considered more than ample to pay debt service on a loan to finance the project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That C&S Companies be awarded the contract to design and inspect the long-term parking lot expansion, RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required contract documents. SEQR ACTION: TYPE 11-7 Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on June 10th. Mr. Marx provided a review of the anticipated 2011 Capital Program, which is mainly a continuation of projects underway by the Highway and Facilities Divisions. The Committee discussed the possibility of a capital project for deferred maintenance of buildings similar to the one used for deferred maintenance of highways. Report from Government Operations Committee Mr. Lane, Chair, said the Committee met prior to the Legislature meeting. The next meeting will be on June 17th Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Chock, Vice Chair, reported Steve Penningroth presented information on the inlet -monitoring project. This presentation provided information on chemicals and sediments being distributed from tributaries. The Committee heard from Donald Hassig, CancerAction, who asked the County to support State and Federal legislation providing education on the hazards of dioxins and other carcinogenic persistent organic pollutants (POPS) in the food supply. The Strategic Tourism and Planning Board provided an introduction to their budget, which provided insight to the new program -based budgeting. 210 June 15, 2010 Mr. Marx shared information on the public meeting held to discuss the County's development focus area strategy. This meeting explained what nodal development is and the potential impacts. Mr. Proto expressed appreciation to Mr. Mareane who assisted in the development of the Strategic Tourism Planning Board budget; it was a very readable format that makes it easier to develop questions. RESOLUTION NO. 98 - AUTHORIZING A CONTINUATION OF THE GRANT AGREEMENT BETWEEN TOMPKINS COUNTY AND TOMPKINS COUNTY AREA DEVELOPMENT, INC., FOR THE TOMPKINS COUNTY AREA DEVELOPMENT COUNTYWIDE LOAN FUND It was MOVED by Ms. Chock, seconded by Ms. Pryor, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 2008-127, authorized granting of Tompkins County Economic Development Revolving Loan Funds to Tompkins County Area Development, Inc. (TCAD), and WHEREAS, the Tompkins County Economic Development Revolving Loan Fund has been capitalized through repayment of loans made with grants from the United States Department of Housing and Urban Development (HUD) and from the New York State Office for Small Cities, and WHEREAS, the current agreement with TCAD regarding the grants to the TCAD Countywide Loan Fund will expire in September 2010 with a remaining balance of thirteen thousand dollars ($13,000), and WHEREAS, TCAD has expressed its desire to continue the agreement to support the TCAD Countywide Loan Fund for the purpose of making economic development loans that meet HUD funding criteria, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County shall provide grants to TCAD of Tompkins County Economic Development Revolving Loan Funds for the purpose of funding economic development loans to assist businesses that will provide economic benefits to Tompkins County and its residents in accordance with HUD standards, RESOLVED, further, That the County shall make funds available based upon the currently available funds and other community development priorities of the County, and such amount shall be derived from the County's CDBG Economic Development Funds, RESOLVED, further, That the grant program will be for the term of three years with an end date of September 2013 at which time this agreement may be extended for an additional year, and additional funds added to the TCAD Countywide Loan Fund as funds permit, RESOLVED, further, That in September of each year, the Tompkins County Planning Department will provide TCAD with a balance figure for the year based on funds available for that year after consideration of other county community development needs and a review by the Planning, Development, and Environmental Quality Committee, RESOLVED, further, That the County Administrator or his designee be authorized to execute agreements in order to effect this grant program consistent with this resolution. SEQR ACTION: TYPE II -20 RESOLUTION NO. 99 - REQUESTING DETERMINATION OF THE POTENTIAL ROLE OF THE UPPER SUSQUEHANNA COALITION AND ITS MEMBER SOIL AND WATER CONSERVATION DISTRICTS IN PROVIDING TECHNICAL ASSISTANCE TO SERVE LOCAL AGRICULTURAL AND PUBLIC INTERESTS DURING POTENTIAL DEVELOPMENT OF NATURAL GAS PRODUCTION 211 June 15, 2010 It was MOVED by Ms. Chock, seconded by Ms. Kiefer. Ms. Chock explained the resolution and said the Upper Susquehanna Coalition and local Soil and Water Conservation Districts recognized the amount of potential work that could come to their offices as a result of gas drilling. Because they are professionals they recognized they would be called upon to provide accurate information for things such as pad siting, wetland location, pipeline routing, soil conditions, avoiding erosion, sediment control, etc., which would be in the public interest. They recognized this could take many hours of their time, as has occurred in Bradford County, and needed to determine how they would be compensated. The resolution was brought to Tompkins County for consideration and, upon review, it was determined that not only was Tompkins County also within the Great Lakes Basin, but with other shales throughout New York State all Soil and Water Conservation Districts could be affected. Mr. Proto suggested the title retain the reference to the Upper Susquehanna Coalition as it was mentioned within the "Resolved" paragraph and said at the appropriate time he will ask to restore Upper Susquehanna Coalition to the title. Ms. Chock said a great deal of work occurred after the first meeting. Mr. Proto noted that that work was reflected in the resolution initially appearing in the Legislature packet; what is before the Legislature now did not include all Committee members. Ms. Chock said as a result of other concerns voiced, Ms. Kiefer, Ms. Mackesey, Ms. Chock, and Mr. Schutt of the Soil and Water Conservation District worked to address each. One concern was how to modify the resolution to clearly indicate all parties potentially involved in assisting gas drilling companies and what is the mechanism by which the Soil and Water Districts could potentially receive payment. She noted Mr. Schutt did not have objection to the revisions and felt it strengthened the case for all Soil and Water Conservation Districts. Following discussion and suggestions to amend the title of the resolution, it was MOVED by Mr. Lane, seconded by Mr. Dennis, to call the question. A voice vote resulted as follows: Ayes — 5 (Legislators Dennis, Lane, McBean-Clairborne, Robertson, and Shinagawa), Noes — 10 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McKenna, Proto, Pryor, Robison, and Stein). MOTION FAILED. It was MOVED by Mr. Stein, seconded by Ms. Kiefer, to refer the resolution to Committee. Ms. Chock said to assist the Upper Susquehanna Coalition with their request it should be done at this time. Mr. Proto spoke of the resolution within the agenda packet having been passed after two -months of discussions and approval by the Committee. He said the revised resolution had been worked on by three people, one of whom was not a Committee member. Although this is causing confusion, rather than sending the revised resolution back to the Committee he would like to see action on the original resolution as passed by the Committee. Ms. Kiefer said she would like to amend Mr. Stein's motion and offer a substitute resolution, but understands that it is not possible. She spoke in favor of moving forward with the resolution and not referring it to Committee. Ms. Robertson said she opposes the motion to refer the resolution to Committee. A voice vote on the motion to refer the resolution to Committee resulted as follows: Ayes — 5 (Legislators Dennis, McKenna, Robison, Shinagawa, and Stein),Noes — 10 (Legislators Burbank, Chock, Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, Proto, Pryor, and Robertson). MOTION FAILED. It was MOVED by Ms. Chock, seconded by Ms. Kiefer, to amend the title to read: "Requesting Determination of the Potential Role of the Upper Susquehanna Coalition and other relevant Soil and Water Conservation Districts...". It was MOVED by Mr. Proto, seconded by Ms. Pryor, to amend the amendment to the title as 212 June 15, 2010 follows: "Requesting Determination of the Potential Role of the Upper Susquehanna Coalition and Its Member Soil and Water Conservation Districts in Providing Technical Assistance to Serve Local Agricultural and Public Interests During Potential Development of Natural Gas Production." A voice vote on the amendment to the amendment resulted as follows: Ayes — 14, Noes — 0, Temporarily out of Room — 1 (Legislator Shinagawa). MOTION CARRIED. A voice vote on the amendment as amended resulted as follows: Ayes — 15, Noes — 0. MOTION CARRIED. Ms. Herrera requested clarification on the resolution to be considered. It was noted it is the revised resolution with the amended title. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, gas drilling in the Marcellus Shale and other low permeable natural gas bearing formations, and the construction of gathering lines, will involve critical questions regarding soil and water resources, and WHEREAS, siting potential locations of drilling sites and the activities associated with all the phases of the extraction, and the placement of gathering lines, depends upon a technical understanding of local soil types, land use, hydrology including drainage characteristics of prospective sites, topography, and other relevant landscape features, and WHEREAS, it is unlikely well drillers will have local knowledge and experience to best accommodate all the soil and water factors that should be taken into consideration, and WHEREAS, much of the land at issue is active farmland, and gas well drilling activities and pipeline construction can significantly affect agricultural resources, and WHEREAS, relevant local technical expertise is available in respective County Soil and Water Conservation Districts, and WHEREAS, Districts have authority to provide technical support as provided in New York State Soil and Water Conservation District Law ("SWCDL") Section 9, and WHEREAS, we recognize providing technical information and advice can potentially take much SWCD staff time and therefore be costly, and we are concerned that SWCDs be compensated for that staff time without compromising SWCD's autonomy, since there is a potential were they to receive payments or contributions from the gas industry that could constitute the appearance of a conflict of interest, and WHEREAS, the gas drilling will take place largely within the Upper Susquehanna River Basin, but may also take place in the Great Lakes Basin, and WHEREAS, geographically these basins fall within the scope of the various County Soil and Water Conservation Districts that comprise the Upper Susquehanna Coalition and other relevant watersheds, and WHEREAS, engagement of Soil and Water Conservation Districts acting in concert through the Upper Susquehanna Coalition is provided for in SWCDL Section 9, "Powers of Districts and Directors" and Section 10, "Cooperation Between Districts", now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature requests that the Upper Susquehanna Coalition explore how the member Soil and Water Conservation Districts of the Upper Susquehanna Coalition might be engaged to assist landowners, especially farmers, New York State Department of Environmental Conservation, and others concerned with the public interest associated with drilling activities and gathering lines, with the purpose of providing sound technical assistance within the power of Districts as described in SWCDL Sections 9 and 10, and as may be granted in other sections of the SWCDL, for the planning and possible implementation of drilling and associated activities, including pipeline construction, using proven local soil and water technical capability to ensure the best use and protection of natural resources, as they answer questions and provide technical information to gas drilling 213 June 15, 2010 companies, RESOLVED, further, That this exploration should include a mechanism that would allow SWCD's to be compensated for time spent providing technical assistance to industries, not by direct payments or contributions, but in a manner that maintains the SWCD's autonomy and independence, RESOLVED, further, That the Clerk of the Legislature shall forward certified copies of this resolution to the above-mentioned organizations. SEQR ACTION: TYPE II -20 Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, said the census enumeration work is coming to a close. Landlord groups are completing the last of the information being requested. Member -Filed Resolution RESOLUTION NO. 100 - REQUEST REGARDING DELAYS IN RELEASE OF QUARTERLY STATEWIDE MASS TRANSIT OPERATING ASSISTANCE PAYMENTS FROM THE STATE OF NEW YORK It was MOVED by Mr. Proto, seconded by Ms. Herrera. Mr. Proto said the resolution is to request the State provide the funding. He noted that previous resolutions passed by the Legislature provided the ability to borrow funds based upon anticipated Statewide Mass Transit Operating Assistance revenue. Due to the extensive delays by the State the County is not in a position to continue to do so. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins Consolidated Area Transit, Inc. ("TCAT"), on May 10, 2010, learned that quarterly payments expected in the third week of May would be delayed in the absence of a State budget, and WHEREAS, a request to include the critical quarterly STOA (State Transit Operating Assistance) payment for all of the State's transportation systems in an emergency spending bill was rejected by the Governor's office, and WHEREAS, TCAT was then forced to undertake unbudgeted and expensive short-term borrowing to make payrolls in May, June, and July, with the assumption that borrowing will be sufficient only if a state budget is approved by the end of that period, and WHEREAS, TCAT learned on June 14, 2010, that a subsequent emergency spending bill included some STOA funding, and WHEREAS, TCAT learned that the emergency STOA appropriations are still insufficient to cover expenses, and WHEREAS, if no State budget is approved by the end of July, 2010, TCAT, which has exhausted its line of credit, could be forced to consider reducing service, and WHEREAS, STOA accounts for approximately 36 percent of TCAT's operating budget and is critical to TCAT's ability to offer its services, which, in turn, are key to local economic recovery and economic development, and WHEREAS, continued gridlock in the Legislature over the State budget has caused TCAT to incur borrowing -interest expenses and will continue to add hardship to TCAT as well as other STOA- dependent agencies across the state, now therefore be it RESOLVED, That the Tompkins County Legislature hereby strongly urges the State Legislature to act now and adopt a State budget and appropriate STOA funding to avoid further harm to TCAT operations and the local economy, RESOLVED, further, That if no State budget is passed soon, the Tompkins County Legislature strongly urges another mechanism be found to appropriate and release sufficient STOA money, RESOLVED, further, That the TCAT General Manager is directed to send copies of this resolution to Governor David Paterson; all New York State Senators and Assemblypersons representing 214 June 15, 2010 constituents in TCAT's service areas in Tompkins County; Tioga County and Schuyler County; New York State Department of Transportation Acting Commissioner Stanley Gee; City of Ithaca Mayor Carolyn Peterson; and Cornell University President David Skorton. SEQR ACTION: TYPE II -20 Approval of Minutes of June 1, 2010 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, to approve the minutes of June 1, 2010, as corrected. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Dennis), Temporarily out of room — 1 (Legislator Herrera). MINUTES APPROVED. Recess Ms. Robertson declared recess from 8:39 p.m. to 8:45 p.m. Mr. Shinagawa was excused at 8:39 p.m. Executive Session It was MOVED by Mr. Robison, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss real estate negotiations and a personnel matter. An executive session was held at 8:45 p.m. and returned to open session at 9:03 p.m. Adjournment On motion the meeting adjourned at 9:03 p.m. 215 June 30, 2010 Special Meeting Call to Order Chair Robertson called the meeting to order at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Shinagawa). Announcement Ms. Robertson thanked staff for their efforts organizing the meeting this evening. Privilege of the Floor by the Public Bernie Hutchins, 1016 Hanshaw Road, gave the following statement: "The way you are taking public input in this meeting has the common fault of previous meetings. You let citizen speak, but there is no dialog. Citizens never gets any opportunity to expand, or defend. Then you ask staff to speak, in a dialog, and their statements too often go completely unquestioned by the legislature, and of course, the public has no voice at this point. "Mr. Wood and Mr. Marx tell you that this D&F is a trivial formality about finding a public purpose for the project, which they feel it already has by definition. Let's hope they don't try to tell you this again tonight. It is much more than this, because it represents a foreclosing step against the property owner's opportunity to present a proper defense; a defense against as yet undefined parameters of the project — the result of inappropriate maps and descriptions given us. This is so "unimportant", that the NYS Legislature in 2004 passed revisions to the NYS EDPL protecting the property owner against such ED abuse. "These new provisions, by the way, are being bypassed by the County. At the June 4 F&I, I said there were as many as 20 properties that were not properly notified under the revised law. Mr. Wood said there were "a few" but not as many as I claimed. In fact, following that F&I, John Lampman found 15 properties. With 89 house -containing properties along the project, that's 1 in 6 not legally notified, not excluded inadvertently, but systematically. So 1 in 6 is just - "a few". If Mr. Squires found that 1 of every 6 taxpayers didn't send in a tax payment, would he report to you that there were - "a few?" "Totally outside the law, County Highway then decided to notify the 15 property owners after the fact, and offer them an opportunity to comment in writing, in lieu of their actual rights. "This sounds just fine to staff. At the June 4 F&I, Mr. Wood said: What would a person who was not notified have said that would have changed anything? Indeed, what WOULD such a person have said? So why give anyone the opportunity to speak? Well, in a 2006 memo to this legislature, and, on April 20 here, in response to a question from Professor Stein, Mr. Wood expressed the opinion that the property owners had virtually no significant rights. "So is your vote here tonight just a trivial formality. No, it is the next step, an enabling step, in a process that has traditionally been oppressive, and which the County has handled abysmally. In their defense, they have never worked under the 2004 law before, so that's an explanation, although when we are talking about citizen's rights, never an excuse, and their actions will be challenged. 216 June 30, 2010 "For the record there are 89 house -containing properties in the Hanshaw Road project plus a gas station, a golf course, a church, and three others. "78 properties were notified by certified mail of the March 16, 2010 hearing. "For the record, the following 15 addresses were not notified: 1019, 1021, 1023, 1025, 1034, 1039, 1041, 1101, 1103, 1105, 1107, 1201, 1205, 1207, 1211". Bruce Levitt, 1002 Hanshaw Road, shared a story of a tailor who made a suit fit by having the man appear to be deformed. He said like the man in the story, the eminent domain process is deformed. He recalled Mr. Wood's statements that the individuals who had not received notice may not have had anything different to add to the process, however, he can not say whether or not the matter is legally challengeable he finds that ethically dubious. He said where the Legislature is tonight is an "ethical no - man's land" and is voting on the ability of the County to take people's land by force if necessary. With that kind of power the process to determine whether the eminent domain procedure has been legal or ethical should not leave questions in anyone's mind. He asked Legislators to consider not just the legal ramifications of a flawed process but the ethical questions involved in this process. Mahlon Perkins, speaking for Joseph Roisman, said he submitted written comments regarding the issue. He spoke at the public hearing and submitted comments on behalf of Mr. Roisman. A new easement map was to be prepared for the Roisman's, however, they were later told it was not necessary. He provided a written letter indicating why he believes it is in error. Mr. Perkins said giving up land is repugnant to landowners, however, if required it is better to be treated fairly and that the County adhere to the law. With regard to the other 27 property owners making up the Hanshaw Road group he is representing, he also submitted a letter with comments for review and asked that property owners be treated respectfully. Mr. Perkins spoke of his interpretation of what is meant with the amount of road used and the Coddington Road decision, noting it is required to be used and maintained. He requested the County stop the process and provide proper easement maps and deal fairly with residents. Hannah Roisman, 1007 Hanshaw Road, said she was not aware of the design, which could make it more dangerous to enter and exit her driveway. She said repeated requests for maps have not been responded to and that the County is claiming more right-of-way than they should. She said it does not appear the County is willing to change the design to a less invasive one and that it fears loss of Federal funding if the project does not stay on schedule. She does not wish to see the road changed. Marlene Kobre, 1103 Hanshaw Road, said she was one of the property owners not notified of the initial public hearing. She expressed confusion of whether or not her property would be subject to taking property for right-of-way. She agrees with others that the process is flawed and as a resident, it does not feel like it is a minor portion of property involved. She believes an alternative design with a smaller footprint would be more livable and asked that the Legislature not consider the Federal funding for the project more important than the "right thing to do". Randy Wayne, 201 Roat Street, said it would be wonderful to have a sidewalk, however, his self- interest does not trump what is right; eminent domain is just wrong. Hilary Atkin, 1041 Hanshaw Road, read the following statement: "First, I'd like to know if & when you received our comments, for the June 24th deadline from the hand delivered notes addressing ROW; comments from Louise Richards, Marlene Kobre and myself. Was it just minutes prior to this meeting? 217 June 30, 2010 "I received comments from John Lampman - via a twice forwarded notice (from Cathy Covert to another neighbor) only last night. I must say, the response was befuddling at first, to read through, scrolling back and forth between - comment # and response # over 4 pages, eventually I got the hang of it. "Communications; a key factor over the years - has influenced decisions or created a larger gulf in understandings on this issue. Wrongly drawn maps - to measurements / language, that are not easy at times for the general public (I should say myself) to understand. The presentation of the project years ago, had elements or "selling points" about building a stronger neighborhood - creating connections to each other via sidewalks down to Community Corners, safety factors were illuminated; such as bike lanes and traffic calming features; now all this seems to be a partial farce in lieu of how I see this project proceeding - you want this done at all costs; neighborhood be damned. "I understand that many of my neighbors along this 1.3 mile corridor, have applauded the project. Perhaps we are not that far apart in agreement as to some of the features. Understandably seasonal drainage is difficult, no one disputes the warped bumpiness of the Warren/Hanshaw intersection and the poorly lit shoulders that are a crumbled mess of asphalt between Sapsucker and Warren. As a parent, with a daughter that uses her bike when back from college, I fully grasp the reality of safe bike lanes. Yet I wonder how many will seriously walk or bike with young children along Hanshaw with cars moving far beyond the 30 mph to upwards of 50 mph. None of you here are responsible for the driving habits or lack there -of, of those individuals that will travel Hanshaw; yet you are poised to give the go-ahead to this project. Please think of the dangers that loom - deer and vehicles at 50 mph will have tragic outcomes. Home owners that can only back out of their driveway will find it harder to do so. If you do not keep the 4 -way stop sign, this takes away the one 'calming traffic feature' that actually assists the flow of traffic at Warren/Hanshaw. Peak hours with TCAT or school buses, employees at Cornell, workers at the Cornell Tech Park, parents taking their children to the Dewitt Middle School or BOCES, folks heading to the Post Office: we all rely on the fair flow of traffic through that intersection. It won't be easy with a traffic light that does not have a 'left turn arrow." "I stand here tonight with a fresh outlook and the belief, that a viable improvement for Hanshaw Road can be achieved: one that keeps the overall integrity of the neighborhood, landscape features, affords the needed resurfacing, resolves drainage concerns,..." As she ran out of time, the rest of her statement was submitted for the record: "... provides a clearly identified bike lane & sidewalk; all of this under the *existing road footprint/dimensions.* with minimal disruption to home owners property/existing landscape. "I thank you for your consideration this evening. "We know that 'change' is the one constant in life. I ask you to change and rethink your vote on the project." Bruce Brittain, 135 Warren Road, spoke of the June 4th meeting when Mr. Marx told Legislators they were voting on the determinations and findings that indicate the Hanshaw Road project serves a public purpose, noting it is voting on the 3B design as the best choice and if necessary eminent domain could be used to achieve the project moving forward. He does not believe it is the best that could be done and use the existing footprint. He also spoke of the possible use of context sensitive design and he did not see evidence of it. Mr. Brittain said he noted what he believes to be factual errors in the resolution and that the list of comments and warrants for a traffic light at Warren Road is not correct. He said the Northeast Transit Study conducted by the Ithaca -Tompkins County Transportation Council was a collaborative process with committees involved. He spoke of this study adopting principles, the key one of maintaining and enhancing livability in areas even if it means commuting time may be longer. He believes a better design is possible, fitting within the existing footprint. 218 June 30, 2010 Ron Denson, 1103 Hanshaw Road, said a question is who benefits from the project. He believes there are contradictions within the proposal. It states the portion of road between the Community Corners and Warren Road intersection being an urban minor arterial classification, and key to economic development in Northeast Tompkins County. An equal amount of space is given to the question of safety. He believes the safety record is not in question, and he appreciates changes made in the resolution that now indicate a stop light at the Warren Road intersection is just a possibility. Those living in the area realize a stop light system encourages speeding, and that improvements typically increase speed. Mr. Denson said safety is not congruent with the eminent domain proceeding; if this is partly due to Cornell University putting pressure to have a route to the airport it should be noted the distance from Community Corners to Warren Road is only 1/3 of a mile, meaning only seconds are saved due to traffic. Also, the 14-15 property owners not notified only received notice June 10th and were given two weeks to respond. When these individuals asked why they had not been notified they were told their property was not part of those to have rights-of-way taken as of March 10th. Doug Brittain, 135 Warren Road, spoke of the amount of smooth, continuous asphalt that will result from the project, causing an inhospitable pedestrian environment. He offered several different design suggestions that he believed would be acceptable to the Federal government and New York State Department of Transportation. He noted he would like to see mutually acceptable solutions to resolve the problems with design. He requested the County drop the eminent domain proceedings and use the next ninety days being productive in re -designing the project. Marc Messing, 110 Blackstone, said when he first saw the design that he would enjoy the benefits of a sidewalk and design. He said he has studied and worked on issues of eminent domain in the past and thinks it is a trend for government bodies to increasingly use it is a serious matter. Mr. Messing said it was noted by the Supreme Court it would have a trickle-down effect from national matters to minor levels and are eroding some civil rights. He said the question is whether it is legal or ethical; for him it is whether it is necessary. He believes it is possible to have the road the same size with green space and sidewalk within the 34-35 existing width. He said the County is doing the particular design to spend Federal funding offered, yet the Federal government does not have the money, leaving our children to bear the burden. He believes the project should be scaled down to what it currently is, what the County can afford, and accomplish primary goals of the project. Mr. Messing said any savings could be used to reduce cuts in the health and welfare areas. Deborah Cowan, 1022 Hanshaw Road, read the following statement: "I agree with my neighbors that the Eminent Domain process is irredeemably flawed by failures in notification and failure to provide complete and accurate information to which property owners can raise issues and objections. I would ask you to vote "no" to passing the D&F tonight, and schedule another hearing with proper procedure to be just and fair to the homeowner. "I have heard that there is consternation on the part of some legislators about various neighborhoods' opposition to County roadway plans. "If I may address this, I believe it is because the process is fundamentally flawed and needs to be more truly collaborative. Currently we are experiencing government by staff, and that's never going to work. The Highway Division, as talented as they may be, are all about the asphalt. I believe that they have done the best job that they could under the circumstances, but they are engineers and roadway people, so their circumstances are defined by the road and traffic. Our circumstances are defined by the livability of our neighborhood. Your job as legislators is to maintain a planning vision to the benefit of all your constituents throughout the County, whether directly in your district or not, and balance vehicular and neighborhood needs, with livability given priority, and to retain and enhance the vibrant and special character of our towns and County. 219 June 30, 2010 "I believe your role, as elected representatives, is to reach beyond blanket approval of Highway Division submissions and over -reliance on staff "because we're not highway experts" (as Ms. Robertson has reminded us on several occasions). This is true. You are the representatives of the people in a democratic process. We are experts on our road. We should be able, working together, to create a safer road and preserve the livability of the neighborhood while providing an adequate surface for the movement of traffic to and from Cornell, Community Corners, the airport, and existing businesses further out on Hanshaw. "Please do not sacrifice this neighborhood in an attempt to facilitate traffic flow by whatever number of seconds it will shave off the trip to Cornell. Once this decision is made you are not going to be able to put it back. Think about where this road goes --you'll either end up turning down Warren Road which will bring you to a steep hill and two one -lane bridges; or you'll continue to Cayuga Heights where you will have to slow down at the Corners; or you will turn into Pleasant Grove Road and again hit that one -lane bridge if you haven't scooted onto campus. My point is, none of these connecting roadways are highways. They are additional small, winding neighborhood roads that don't, and aren't meant, to take you anywhere fast; but can get you there at reasonable speeds while enjoying the view along the way. "Why can't that be enough?" Comments from Staff Ms. Robertson asked Mr. Wood, County Attorney, and Mr. Lampman of the Highway Division to provide relevant information. County Attorney Mr. Wood provided an explanation of where the County is in the eminent domain procedure and noted the County is required to adhere to the law. Although many eminent domain proceedings are completed, in the seventeen years he has worked for the County there has not been the need to take real estate. The notice to property owners is required to contain specific language, and inadvertent failure to contact everyone does not negate the proceeding. Additionally, a legal notice is placed in the newspaper to notify interested parties of the public hearing that will take place. The next step is that within ninety days the Legislature would review the determinations and findings to determine if certain elements are contained to warrant eminent domain as well as other items it may wish to include. After adopting the determinations and findings a synopsis would be placed in the newspaper indicating a thirty -day period to challenge it. After all steps, residents are contacted to begin the negotiation process. Mr. Wood explained the County has determined to pay for the county -use area of property. He explained that in some cases there was an area that the property owner's deed showed ownership stopping before the right-of-way. The County's decision means that some property owners will be compensated for more of an area than originally thought. In response to a question by Ms. Chock, Mr. Wood said the changes to the State Eminent Domain law is that property owners are to be notified by certified or personal mail and that the content of the notice contain specific language indicating the need to voice concerns at the public hearing or they could be prevented to do so later. In response to Mr. Burbank's question on what would happen if no action were taken he was notified it would go beyond the required ninety -day period and the process would need to be started again. Mr. Burbank then asked if it would extend beyond the period to enable funding of the project. Mr. Lampman said although there is the possibility of completing the process within the time period it could delay the acquisition phase late into next year and affecting the construction season. He does not believe the funding itself would be jeopardized since the construction document would be approved by August 2011. He believes to complete the process earlier rather than at a later date would be the better choice. 220 June 30, 2010 Mr. Proto asked for clarification on the time schedule. Mr. Lampman said the funding most likely may not be jeopardized but construction would be tight. Mr. Wood noted that if there is a challenge it could extend out to a point in time to jeopardize funding. Mr. Proto then asked what would occur if this action was postponed to consider redesign or Mr. Brittain's suggested designs. Ms. Robertson said that would be answered later in the meeting. Ms. Kiefer requested a clear statement of what use maps and drawings serve. It is her understanding that the maps are important to property owners at the time permanent or temporary easements are considered, however, they are different than eminent domain use of maps. She said for eminent domain what needs to be reviewed is the project as a whole for public purpose. Mr. Wood said there are two types of maps, maps of the project and maps indicating what the County is contemplating compensation for specific properties. Often the maps are not prepared until after this type of proceeding. What is being reviewed is the project, which has not changed on the map. At this time the project needs to be considered, not what the County may or may not take from individual property owners. Mr. Stein noted property owners have the essential right to lodge a complaint regarding the project, with the point of notification providing them with the ability. He does not believe that with all notifications that have gone out that there are any property owners not aware of the project and what is happening, therefore, he does not see the need for an additional public hearing. Although people spoke of their rights being trampled, he believes the successive attempts the County has made to let people know what is occurring negates the statements. Ms. Pryor has reservations regarding returning to the design process. She noted at least four different alternatives and other statements show a serious attempt to consider them. Mr. Brittain's suggestions include a ten foot lane, which doesn't seem advisable, one has a twelve foot lane, and the third a 10 foot lane. Two of the three have a four foot sidewalk, however, she said individuals with disabilities need a five foot sidewalk for ADA compliance. She does not feel it would be practical. Ms. Robertson spoke of construction taking place on Ellis Hollow road that will begin in July. She lives on the road and spoke of Mr. Lampman coming to her home to review the plans and determine necessary amendments. She is assured this type of contact is part of the process, which she has also heard from many residents. She stressed that the Legislature action is on the overall project. Ms. Kiefer referred to Ms. Atkins asking if Legislators had read the additional comments from residents and considered the responses. It was noted the comments were included in materials given to the Legislature; Mr. Lampman provided the reference for the new comments. A further discussion occurred, during which it was clarified that although the County is acting upon the ability to use eminent domain, in the 17.5 years that Mr. Wood has worked for the County it has not been necessary. Legislators expressed their displeasure that the State requirement of language that implies property owners would not have a right to address concerns if they do not speak at the hearing. It was noted that the eminent domain process is a tool for the County to fall back on if necessary. Highway Manager Mr. Sczesny said the Hanshaw Road Reconstruction began in 1999 and the design phase did not begin until 2005. Since the program began four informational meetings and preliminary design meetings were held. Comments were considered and the design was fine-tuned to minimize the impact on individual property owners. Next will be the consultants will meet with the property owners and show the easement maps of what would be needed, if any, for the project. This will include a review of what will happen, landscaping, and other aspects specific to their property for either a temporary or permanent easement. The professional consultant will assess the value of the land needed for the project and will be shown on site. When the easement is certified the same process of having the individual in charge on site 221 June 30, 2010 with the property owner to discuss and make adjustments as needed. Mr. Sczesny has been in the construction field for 33 years and has not seen eminent domain used to take property. Mr. Dennis was excused at this time (6:56 p.m.). At this time, Mr. Sczesny anticipates the right-of-way maps to be completed by late August. In mid-September there will be another informational meeting with the final maps, and in mid-November the appraisal process should be complete, with right-of-way purchase offers occurring in December 2010. The rights-of-way will require certification by the New York State Department of Transportation as the Federal representative. When this is complete the project would go to bid with an anticipated award in July. A pre -construction meeting will take place Mid -July with the public and in August 2011 the project should start. Mr. Proto said Mr. Sczesny's timeline provided an answer to his earlier question. In response to Mr. Burbank's question about other design alternatives not chosen, Mr. Sczesny said there was a 24' option in the New York State Department of Transportation manual, however, the Syracuse office informed him they no longer construct roads using that design. Recess Upon request to review the revised determinations and findings, Ms. Robertson called a recess from 7:09 p.m. to 7:24 p.m. Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 101 - ACCEPTING THE DETERMINATION AND FINDINGS RELATING TO THE PROPOSED PUBLIC PROJECT (PIN 3753.25) TO RECONSTRUCT HANSHAW ROAD, CR 109, IN THE TOWNS OF ITHACA AND DRYDEN AND VILLAGE OF CAYUGA HEIGHTS It was MOVED by Ms. Kiefer, seconded by Mr. Lane. Mr. Stein said he has spent a great deal of time listening to constituents about their concerns and has tried to understand their complaints, what they would like, and what is the right thing to do. Certain things were repeated such as the morality or ethics of using eminent domain and seizing of land from property owners not willing to sell it. He recognized that each spoke with emotion and were deeply concerned. Mr. Stein spoke of a personal experience driving between Ithaca and Boston within a six -hour period; fifty years prior, the same trip took twelve hours. He said the interstate highway was the reason the trip did not take as long and, although property owners did not like it when land was taken to complete the project, it clearly was for the public good. He said part of his job is to weigh the positive and negative; having known three individuals who lost their lives trying to share the roadway he would be hesitant to pass anything that does not have adequate width. Although he does not believe the alternatives suggested by Mr. Brittain are adequate he will look into the matter. Mr. Stein then spoke of hearing a great deal of concern regarding current and potential increased speeds upon completion of the project. He believes it is a situation to be dealt with, including additional enforcement. He noted speeding deteriorates the quality of bicycling, which is something that is valued highly in the County. Ms. Kiefer noted that it is her understanding that there will be flexibility and adjustments could be made as the project proceeds. She asked staff to carefully review the design since it has been three years since it was approved. Ms. Kiefer also said the context sensitive process began in 2007, and will be pursued as the project moves forward. 222 June 30, 2010 Ms. Robertson said there has consistently been tension between the pavement design and speed; she believes a balance can be found. She noted road reconstruction does not occur often and that the County will continue to work on reducing single -occupancy motor vehicles as well as considering safety for pedestrians and bicycles. Although the County does not have authority to amend the speed limit in this area it may be possible to study the problem of speeding Countywide. Ms. Kiefer said discussions are being focused on design, however, the action is for the ability to invoke eminent domain. Although she would not want to take property in this manner, both the Highway Manager and County Attorney informed the Legislature that in their history it has never required taking of land for a project. She heard tonight that residents viewed the process as not legal or following procedure; she disagrees with those statements. A voice vote on the resolution resulted as follows: Ayes — 9 (Legislators Chock, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, and Stein), Noes — 4 (Legislators Burbank, Herrera, Mackesey, and McBean-Clairborne), Excused — 2 (Legislators Dennis and Shinagawa). RESOLUTION ADOPTED. WHEREAS, County Road 109, Hanshaw Road, is a Urban Minor Arterial between Pleasant Grove Road and Warren Road and an Urban Collector between Warren Road and Sapsucker Woods Road in the Town of Ithaca and is key to the continued economic development of northeastern Tompkins County, and WHEREAS, Hanshaw Road is part of the critical link between the Cornell Community and the Ithaca -Tompkins Regional Airport and other commercial/industrial entities on Warren Road, and WHEREAS, Hanshaw Road directly serves the Village of Cayuga Heights, Community Corners, Cornell University, the Tompkins County SPCA, the Cornell Lab of Ornithology, and other enterprises, employers, and attractions as a primary collector from New York State Route 13, and WHEREAS, Hanshaw Road is a commuter route linking the center of Tompkins County with its northeastern rural areas, and WHEREAS, Hanshaw Road is a highly multi -modal road and passes through a residential area west of Sapsucker Woods Road whose surroundings have undergone extensive development in recent years, and WHEREAS, Hanshaw Road is owned by the County of Tompkins and is maintained by the Tompkins County Highway Division between the Cayuga Heights corporate boundary and Sapsucker Woods Road, and WHEREAS, the Tompkins County Highway Division, upon assessment of pavement and drainage conditions, identified the need to initiate a project to address deficiencies with Hanshaw Road to ensure continued service of the roadway as a link in the County transportation system and to improve safety on Hanshaw Road, and WHEREAS, in 1999, an Initial Project Proposal (IPP) prepared by the Tompkins County Highway Division was approved by the State of New York for inclusion in the Statewide Transportation Improvement Program (STIP), and WHEREAS, on January 18, 2005, Resolution No. 9 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund design of the reconstruction of County Road 109, Hanshaw Road, between the Cayuga Heights corporate boundary and its intersection with Sapsucker Woods Road, and WHEREAS, a preliminary examination of the aforementioned section of Hanshaw Road identified locations with non-standard and non -conforming features that do not meet current geometric design criteria in terms of shoulder widths, stopping sight distances, and roadside ditch cross-sections, and WHEREAS, serious structural pavement deterioration and failure was found to be too advanced to provide a safe and acceptable riding surface with routine maintenance activities, and WHEREAS, the intersections of Pleasant Grove Road and Warren Road have accident rates that were found to be higher than the statewide average rate for similar -type intersections and will not provide 223 June 30, 2010 acceptable levels of service under the 20 year projected traffic volumes with anticipated growth, and WHEREAS, there are localized areas of flooding, the closed drainage system is in poor condition, and the capacity of the system is inadequate for the flows, and WHEREAS, the pedestrian, bicycle, and transit accommodations were found to be insufficient and not providing adequate safety and mobility, given the setting and residential character of the area, and WHEREAS, the Tompkins County Highway Division concluded that the above -stated deficiencies provided a basis for reconstruction of the aforementioned section of Hanshaw Road and established objectives based thereon to analyze the feasible alternatives and guide the design process, and WHEREAS, the project objectives include: restoration of the pavement to a good condition using techniques that will minimize future maintenance costs and repairs; enhancing safety by using cost- effective accident reduction measures; accommodating pedestrian, bicycle, and transit users in a cost- effective manner; providing a structurally and hydraulically adequate drainage system; providing a cost feasible project given the available funding; and minimizing negative impacts to aesthetic features and character of the corridor, and WHEREAS, the Tompkins County Highway Division implemented a program to incorporate public involvement which included 4 public information meetings held at the DeWitt Middle School or the Cayuga Heights Fire Hall on February 17, 2005, September 29, 2005, December 1, 2005, and March 27, 2007, as well as a series of on-site meetings with the Fisher Associates design team at residents' properties in October 2005, and WHEREAS, the purpose of the public meetings was to solicit input from the local residents and to present design alternatives, and WHEREAS, following consideration of public input, the Tompkins County Highway Division and its consultant did incorporate mitigation measures into the project design to address stated concerns where warranted, and WHEREAS, the Tompkins County Highway Division and its consultant prepared and periodically revised a project design approval document to accomplish reconstruction of the aforementioned section of Hanshaw Road, which included the development and consideration of various preliminary alternatives, and WHEREAS, based on the analysis of data gathered by the Tompkins County Highway Division and its consultant and comments of the public, Alternative #3B - Pavement Rehabilitation (Resurfacing and Full -depth Reclamation) with Centerline Shift at Village Line was deemed to be the preferred alternative for Final Design Approval, and WHEREAS, the reconstruction of Hanshaw Road was classified as an Unlisted Action under the State Environmental Review Act (SEQRA), and WHEREAS, on September 4, 2007, by Resolution No. 166, the County of Tompkins issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, requiring no further environmental review, and WHEREAS, on September 4, 2007, by Resolution No. 167, the County of Tompkins granted Design and Right -of -Way Plan Approval of the subject project finding that the individual and cumulative impacts of right of way acquisition to be considered total de minimis in nature, and WHEREAS, the Preferred Alternative would require the County of Tompkins to acquire real property rights (permanent and/or temporary easements) from approximately ninety-nine (99) properties within the proposed public project area, and WHEREAS, in accordance with Article 2 of the Eminent Domain Procedure Law, the oral presentation and comment phase of a public hearing was held on March 16, 2010, beginning at 5:30 PM at the County Courthouse at 320 North Tioga Street, Ithaca, New York, for the purpose of informing the public and reviewing the public use to be served and public benefit to be obtained by the aforementioned proposed public project and to consider all other matters appropriate to that project, and WHEREAS, during the course of the aforementioned oral presentation and comment phase of the public hearing, all matters required by the Eminent Domain Procedure law and appropriate to such public hearing were identified and explained to persons then in attendance, and such persons in attendance were given an opportunity to, and did, speak and comment on the proposed public project and examined documents available at an informal open house prior to the public hearing, and WHEREAS, seventeen (17) speakers from the public presented oral comments on the proposed 224 June 30, 2010 public project during the aforementioned oral presentation and comment phase of the public hearing, and WHEREAS, at the conclusion of the oral presentation phase of the aforementioned public hearing, the hearing was adjourned until the opening of the Tompkins County Legislature's meeting at 5:30 PM on April 6, 2010, for the purpose of allowing the submission of additional written comments and their inclusion in the official record of the hearing, and WHEREAS, fifty-eight (58) written comment submittals on the proposed public project representing forty-one property owners (41) were received from the public from the opening of the public hearing until the hearing was adjourned, and WHEREAS, the proceedings of such public hearing were transcribed and made available, together with the exhibits and other documents, if any, which were identified or made available during the oral presentation phase thereof, for inspection and examination by the public at the offices of the Tompkins County Legislature, the Tompkins County Clerk, and the Cayuga Heights Village Clerk, and WHEREAS, additional written public comments regarding the proposed public project were accepted until 5:30 PM on April 6, 2010, and said comments were incorporated into the record of the aforementioned Eminent Domain Procedure Law Public Hearing, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following constitutes the determination and findings of the Tompkins County Legislature with respect to the Reconstruction of Hanshaw Road, County Road 109, in the Towns of Ithaca and Dryden and the Village of Cayuga Heights, Tompkins County, New York: 1. The public use, benefit, or purpose to be served by the proposed public project is the reconstruction of County Road 109, Hanshaw Road, in the Towns of Ithaca and Dryden and the Village of Cayuga Heights. It will include: a) retention/reuse of the existing pavement structure in the travel lane areas using several rehabilitation techniques (by milling and resurfacing approximately 28%, by full -depth reclamation of 63%, and by reconstruction of 9%); b) full reconstruction of shoulder areas due to lack of asphalt and poor sub -base conditions; c) two 3.3 meter (11 -foot) travel lanes with 1.2 meter (4 -foot) wide paved shoulders; d) a walkway along the north side of the road from the western project limit, where it will connect to existing sidewalks in the Village of Cayuga Heights, to the intersection of Sapsucker Woods Road; e) a new closed drainage system utilizing a shallow swale or concrete gutter, landscaping features, and singing and striping where needed; and it may also include a traffic signal at the Warren Road intersection, colored shoulders, and/or other components to increase vehicle and pedestrian safety. 2. The proposed public project objectives are to: restore the pavement to a good condition using techniques that will minimize future maintenance costs and repairs; enhance safety by using cost- effective accident reduction measures; accommodate pedestrian, bicycle, and transit users in a cost-effective manner; provide a structurally and hydraulically adequate drainage system; provide a cost -feasible project given the available funding; and minimize negative impacts to aesthetic features and character of the corridor. More specifically, the benefits to be obtained and purposes to be served by the proposed public project area as follows: a) Restore the Pavement to a Good Condition. The proposed public project will improve the pavement condition of Hanshaw Road by reclaiming and reconstructing the pavement structure. b) Enhance Safety. The proposed public project will enhance the safety of Hanshaw Road by several accident -reduction and traffic -calming techniques. The sub -standard stopping sight distance at the curve on the Cayuga Heights village line will be improved. Non- conforming roadside ditch cross-sections will be eliminated by extension of the storm sewer system, as needed. Uniform -width paved shoulders will be provided. Possible installation of a new traffic signal at the intersection of Warren Road could benefit pedestrian safety at that location. By providing perceptual cues that should calm traffic, including preservation of tree canopy, proximity of landscaping to the road, possible inclusion of colored shoulders, and the presence of an adjoining walkway, an existing vehicular speeding problem will be addressed. 225 June 30, 2010 c) Accommodate Pedestrian, Bicycle, and Transit Users. The proposed public project includes the construction of a walkway on the north side of the road to accommodate persons with disabilities and other pedestrians. The walkway width will be typically 1.5 meters (5 feet) but will widen to a maximum of 2.1 meters (7 feet) when the walkway is adjacent to the shoulder gutter to accommodate signage or mailboxes. The provision of 1.2 -meter (4 -foot) paved shoulders will accommodate bicycles out of the traveled way. Buses will also have adequate width for stopping on shoulders for pick-up and discharge of passengers and width of traveled way to mitigate encroachments into the opposing lane. d) Provide a Structurally and Hydraulically Adequate Drainage System. The proposed public project will construct a new closed drainage system from the eastern project limit to the termination of the existing Village storm sewer. Based upon preliminary hydraulic analyses and due to age, location, condition, and hydraulic capacity of the existing system, it will be entirely removed, upgraded, and extended. Shallow grass swales or concrete gutters with inlets will channel water to the new closed system. Standing water behind the walkway will be avoided through re -grading, if needed to yard drains. Existing sub -surface drains from residences will also be connected to the new system. Near its east end on the south side of the proposed public project the existing open drainage along the agricultural field will be retained. e) Provide a Cost -Feasible Project. The proposed public project is the only alternative that will address the project objectives and not significantly exceed the available funding. f) Minimize Negative Impacts to Aesthetic Features and Character of the Corridor. The proposed public project will include re-establishment of all disturbed areas with permanent stable materials that will blend into the natural environment. It will provide landscape mitigation where existing trees, hedges, and shrubs must be removed to accommodate walkway construction. Plantings will be used to establish a consistent treatment along the corridor, providing visual cues to drivers of a traffic calming effect. To the greatest extent possible, the existing tree canopy and landscaping proximate to the road will be preserved. 3. The proposed public project is located on Hanshaw Road, County Road 109, between its intersections with Pleasant Grove Road and Sapsucker Woods Road, a distance of 2434 meters (approximately 1.5 miles). 4. The following different alternatives were considered: a) Alternative #1 - The No -Build "Null" Alternative. The Null Alternative retains the existing roadway section and geometry with no improvements other than routine maintenance such as patching of potholes or emergency drainage repairs. Walkway construction is not provided. b) Alternative #2 - Pavement Reconstruction (Full -depth Replacement) (2010 cost estimate $5.5 million). The Pavement Reconstruction alternative consists of full -depth excavation and reconstruction of the pavement for the entire length of the project. The reconstructed pavement would include two travel lanes at 3.3 meters (11 ft.) with 1.2 -meter (4 -foot) shoulders. The fully reconstructed roadway section would be lowered with curbing provided to accommodate all drainage runoff within the roadway. The centerline of the roadway would be shifted to the south approximately 1.0 meter (3.3 -feet) to balance the impacts along the roadside for the construction of a new sidewalk on the north side of the roadway. The walkway will run between the western project limit and Salem Drive, and, cost permitting, extend to Sapsucker Woods Road. In addition, a new closed drainage system, landscaping features, and signing and striping would be provided or replaced where needed. Traffic signal control would be added for the Warren Road intersection. c) Alternative #3A - Pavement Rehabilitation (Resurfacing and Full -depth Reclamation) with Retaining Wall at Village Line (2010 cost estimate $4.57 million). The Pavement Rehabilitation alternative consists of the retention/reuse of the existing pavement structure in the travel lane areas using several rehabilitation techniques. The shoulder areas would be fully reconstructed due to the lack of asphalt and poor sub -base 226 June 30, 2010 conditions. In areas where the travel lane pavement structure is adequate but there are localized structural issues and surface deterioration, the pavement would be milled and resurfaced with a new top course of asphalt. Full -depth reclamation would be utilized in areas where the travel lane pavement structure is inadequate in strength due to sub -base deficiencies or inadequacies in the asphalt pavement layers. There would be a limited amount of full -depth reconstruction in areas where adjustments in the roadway profile are necessary. Approximately 28% would be milled and resurfaced, 63% of the travel lane pavement would be full -depth reclamation, and the remaining 9% would be reconstructed. The rehabilitated pavement would provide two 3.3 -meter (11 -foot) travel lanes with new full -depth 1.2 -meter (4 -foot) wide shoulders. A walkway would be provided along the north side of the road from the western project limit in the Village of Cayuga Heights to Salem Drive, and, cost -permitting, extend to Sapsucker Woods Road. The embankment at the north side of the road at the village line would be excavated to provide space for the walkway. A wall would be built to retain the new embankment. In addition, a new closed drainage system utilizing a shallow swale or concrete gutter, landscaping features, and signing and striping would be provided or replaced where needed. Traffic signal control would be added for the Warren Road intersection. A one-way eastbound traffic flow will be maintained during construction with westbound traffic detoured off-site. d) Alternative #3B - Pavement Rehabilitation (Resurfacing and Full Depth Reclamation) with Centerline Shift at Village Line (2010 cost estimate $4.4 million). This alternative consists of all the elements of Alternative #3A, except the roadway centerline would be shifted 1.2 meters (4 feet) to the south through the narrow section at the village line. This would eliminate the need for a retaining wall on the north side and preserve significant vegetation in that area. 5. The reasons for selecting Alternative #3B include: a) Alternative #1 (Null Alternative) does not correct any of the existing pavement, drainage, and mobility deficiencies. The existing infrastructure would continue to deteriorate at advancing rates until severe impacts on user comfort, mobility, and safety and on maintenance operations would result. This alternative does not address any of the project needs or meet any of the project objectives; therefore, it was rejected as a feasible alternative. b) Alternative #2 (Pavement Reconstruction) does satisfy most of the project objectives; however, since the estimated project construction cost significantly exceeds the available project funding, it is not considered feasible. It would also cause more disruption to users and residents than other alternatives. c) Alternative #3A (Pavement Rehabilitation with Retaining Wall) does satisfy all the project objectives, but excavation for the retaining wall adds economic, environmental, and aesthetic costs that can be avoided with Alternative #3B. Alternative #3B was also preferred by the public. d) Alternative #3B (Pavement Rehabilitation with Centerline Shift at Village Line) was selected because all of the project objectives are met, including being a cost-effective solution and, therefore, is considered to be a feasible alternative. It can also be constructed with the least disruption to users. The benefits to be derived from this alternative are more fully set forth in paragraph 2 above. 6. The proposed public project is classified as an Unlisted Action in accordance with 6NYCRR Part 617, State Environmental Quality Review Act (SEQRA), and the County of Tompkins is acting as the lead agency. In accordance with 6NYCRR Part 617.11, the County of Tompkins determined that the proposed public project will not have a significant effect on the environment and has issued a negative declaration to that effect. As a result, further environmental review under SEQRA is not required. 7. It is hereby concluded that the proposed public project to reconstruct the aforementioned segment of Hanshaw Road in the Towns of Ithaca and Dryden and the Village of Cayuga Heights will have, among other things, the following effects upon the residents of the locality: 227 June 30, 2010 a) The proposed public project will have an overall beneficial impact on the residents of the area of the proposed public project. The proposed public project will improve overall public safety and multi -modal mobility. It will remove existing non-standard features, thereby reducing the potential for vehicular accidents. b) The proposed public project will not have any long-term impacts on any highway -related businesses, nor will it require relocations. c) The proposed public project will require strip acquisitions of permanent and temporary easements, but will not affect land use, change travel patterns, or have any permanent effect on local planning d) The proposed public project will not have a substantial negative impact on the aesthetics of the area. Rather, it will allow people and goods to travel easily and safely on a transportation element that is well integrated into the environment and preserves the character of its setting. 8. The proposed public project was reviewed by the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) with regard to its effect on historical and cultural resources. The State Historic Preservation Office (SHPO) determined the proposed public project will have No Adverse Effect/Impact upon cultural resources in or eligible for inclusion in the State and National Registers of Historic Places. The Tompkins County Legislature adopts this determination. 9. The Tompkins County Highway Division is hereby authorized and directed to prepare a brief synopsis of the foregoing determination and findings, such synopsis to include those factors set forth in Eminent Domain Procedure Law section 204(B), and, further such synopsis to state that copies of the determination and findings will be forwarded upon written request without cost. 10. The Tompkins County Highway Division is further hereby authorized and directed to publish the aforementioned synopsis of the foregoing resolution in at least two (2) successive issues of the official newspaper designated by the County of Tompkins, said official newspaper being one of general circulation in the project locality. 11. The Tompkins County Highway Division is further hereby authorized and directed to serve, by personal service or certified mail, return receipt requested, a notice of the aforementioned brief synopsis upon each assessment record billing owner (as that term is defined in Eminent Domain Procedure Law section 103(B-1) or his or her attorney of record whose property may be acquired, such notice to: a) include the information required by Eminent Domain Procedure Law section 204(B)(2); b) state that copies of the determination and findings will be forwarded to such individuals upon written request and without cost; c) state that pursuant to Eminent Domain Procedure Law section 207, such individual shall have thirty (30) days from the completion of the aforesaid newspaper publication of the aforementioned brief synopsis, to seek judicial review of the County of Tompkins' determination and findings relating to the proposed public project; and d) inform such individual that, under Eminent Domain Procedure Law sections 207 and 208, the exclusive venue for judicial review of the County of Tompkins' determination and findings relating to the proposed public project is the Appellate Division of the Supreme Court in the Judicial Department where any part of the property to be condemned is located. 12. At the public hearing some property owners indicated that they had been approached by representatives of the County with regard to their individual properties. In some cases the representative indicated that the County's current right-of-way extended beyond existing use in some areas. This was reflected in some right-of-way maps shared with the property owners. The right -of way maps do not alter or define the boundaries of the proposed public project but, instead, define the extent to which the project falls within the current right-of-way and the corresponding need to acquire property that is within the project boundaries but outside current right-of-way. Those maps and discussions concern only the amount of land for which property owners would be compensated; they do not affect the proposed public project (i.e., the design of the road and infrastructure). Some property owners expressed the belief that the County 228 June 30, 2010 overstated its right-of-way and that the current right-of-way should be limited to current use. While this in no way affects the proposed public project, the Tompkins County Legislature agrees that it would be best to compensate the property owners for all land to be used beyond the current use and hereby directs the Tompkins County Highway Division to compensate property owners for all land needed for the proposed public project beyond the County's existing use. Naturally, this may involve redoing any affected right-of-way maps and corresponding cost estimates. It will not require any alteration or revision of the proposed public project. 13. As a result of the County's recent decision to compensate all adjoining landowners for land use beyond the County's current use (even in cases where the adjoining property owner's legal claim is not certain) the owners of 14 properties who will receive compensation were not served with the original March 1, 2010, notice of the hearing either personally or by certified mail. Service was, however, made by publication, on the County web site, and by a sign conspicuously posted on the road. Also the owners of 84 neighboring properties received certified mail notice. The impact of the project on these 14 properties is minor, and essentially involves a slight change in the grading of the road. The Eminent Domain Procedure Law provides that inadvertent failure to notify a person or persons shall not affect the validity of the County's title. Nevertheless, in order to ensure that these property owners had an opportunity to comment, the County Staff contacted each of these 14 property owners either personally or by certified mail to notify them that any written comments they wished to submit by 4:30 p.m. on June 24, 2010, would be added to the record of the public hearing and considered by the Legislature prior to the consideration and potential adoption of the findings. Furthermore, as all affected property owners should be able to judicially challenge the County Legislature's decision that the project serves a public purpose, the Legislature has directed Staff that a written summary of these findings be served on all property owners to be compensated (including the 14 previously unidentified property owners) along with the required notice informing them of the time and venue to seek judicial review of the County's determination. SEQR ACTION: Unlisted, Negative Declaration Issued (No further action required) Adi ournment On motion the meeting adjourned at 7:45 p.m. 229 July 6, 2010 Regular Meeting Public Hearing — 2010-2011 Tompkins Cortland Community College Operating Budget Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the 2010-2011 Tompkins Cortland Community College Operating Budget, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Call to Order Chair Robertson called the meeting to order at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Announcement Ms. Robertson announced an executive session would be held later in the meeting to discuss real estate negotiations and a personnel matter. Privilege of the Floor by the Public David Scovronick, Executive Director of the Drop -In Day Care Center, expressed appreciation for the County's funding support for his agency. He provided an overview of the Drop -In Center's operations over the past thirty years, and noted the center is open to everyone. Currently over 90 percent of the youth served come from families receiving assistance from Social Services, and many have families dealing with violence and abuse. He shared information on the challenges the Center has had and is now using the Second Step program, used by the Ithaca City School District, and working with parents to develop individual plans for the youth that utilize the same encouragement and language at home and the Center. The goal of the program is to socially prepare the children to succeed in school. Dammi Herath, Executive Director of the Women's Opportunity Center, reported the key $357,000 Welfare -to -Work program has been completely eliminated. In addition the Displaced Homemakers program, that has helped 12,000 people in 30 years and has put approximately $16 million into the local economy, is also likely to be eliminated. That would result in the loss of six full-time staff members, leaving her with just two workers and $200,000. Ms. Herath said with the distressed economy these services are needed more than ever. Tomo Shibata of Ithaca provided the following statement: "According to the Special Report titled "Stalking Victimization in the United States" issued by the Bureau of Justice Statistics in the Department of Justice in 2009, an estimated 3.4 million persons age 18 or older were victims of stalking in the United States during a twelve-month period. Stalking is defined in this report (as well as in federal and state criminal laws) as a course of conduct directed at a specific person that wuld cause a reasonable person to feel fear. 6.5 percent of the stalking victims in this survey responded that the number of stalking offenders is unknown (while 13.1 percent responded that the number of offenders is three or more). "The stalking of one individual by a number of perpetuators large enough to prevent the target from identifying the number is called organized stalking, cause stalking, or gang -stalking. Thus, 230 July 6, 2010 according to the survey, an estimated 221,000 individuals in the United States were subjected to organized stalking during the twelve-month period. "According to Private Investigator David Lawson, who conducted private investigation for organized stalking victims for twelve years by "joining" stalking groups and wrote a book titled "Cause Stalking". According to this book, the target is stalked by groups of people (each group consisting of hundreds of people). The stalking group members are taught that the target is the reason for their problems. Leaders hope that the group will want to "resolve their problem". This scapegoat rhetoric can result in assault and murder especially if the target is female or old. Those who have opportunities to spy on and assault the target (the target's neighbors and so forth) are often told maliciously false gossip about the target and bribed with cash or illegal drugs into carrying out the mission. "According to Lawson and Derrick Robinson, and the President of an NPO called the Freedom from Covert Harassment and Surveillance, who have interacted with over 1,000 targeted individuals in the last five years, the similar techniques are principally used for most of the targets, which are the following: tenaciously repeated non -lethal poisoning, toxic gassing (of the target's residence, etc.), organized perjury (a large number of people file false allegations of a kind of crime that is hard to prove against one target), electronic harassment, repeated break-ins, the interception of phone and computer, and so forth. "Certain provisions in the pre-existing state penal code can prohibit and punish the acts which constitute organized stalking — not only the stalking provision but also the provisions for the crime of soliciting a crime, the crime of assault (poisoning), and so forth. Yet the well organized and premeditated nature of this crime enables the perpetrators to hide the direct evidence of their deeds. The leaders of anti -organized stalking movement (including Robinson) who have facilitated the networking of targeted individuals found that these techniques of attacks are engineered to make the target's experience resemble the diagnostic description of the persecutory subtype of delusional disorder or the paranoid subtype of schizophrenia. Without knowing the phenomenon of organized stalking, most psychiatrists and the law enforcement authorities assume the target is delusional. Thus no legal intervention takes place. According to Lawson, the victim cannot escape from organized stalking even if s/he leaves to another continent because the local gangs of the place the victim moves to will simply take over the mission. It is understandable in this light that eleven percent of stalking victims said they had been stalked for five years or more according to the aforementioned Department of Justice Survey. "I would like to make a Special Topical Presentation on organized stalking and to contribute to Legislative discussion (drafting and passing a resolution, for example) in the next Legislature's meeting." Privilege of the Floor for Municipal Officials Herb Engman, Town of Ithaca Supervisor, said he often has people asking why local governments do not work together. He stressed that in our County there is a great deal of collaborative effort and cooperation. He thanked the County for its efforts regarding the Hanshaw Road Reconstruction project and wanted to note the Town of Ithaca Board continues to state the need to include a sidewalk in the project. Mr. Engman said the County's choice to request the mortgage tax increase was a good idea that sought a way to provide revenue that would only affect people several times in their lives and said he would provide support if desired. Mr. Engman spoke of the Town's work updating the Comprehensive Plan. Currently they are seeking input on what should be included, have surveyed residents (available on website), and included interest groups for housing, energy, transportation, health, etc., to develop new ideas. In addition, a series of neighborhood meetings have been completed. He noted the overall concerns brought up were the pace 231 July 6, 2010 of residential development, overall traffic, and speeding. The positive aspects noted were access to services and enjoying the open space, parks, trails, etc., available. Ms. Chock asked about the recent Pine Tree Road project meetings and noted many in attendance were not pleased with the preliminary plans. Mr. Engman said the major concern is the potential for increased truck traffic. He will try to work with Cornell University to designate truck routes. He is concerned that global positioning program (online mapping) show the shortest routes, but not necessarily the best as seen in Forest Home where tractor trailers get stuck at the intersections. Mr. Proto asked if the Town will be included in the review process for the new development at Ithaca College (College Circle). Mr. Engman said it is a 250 -bed student housing facility to deal with the increased registration. Students had been placed in temporary housing pending this project. He believes the interior road to campus would handle the traffic. Mr. Proto said Tompkins Consolidated Area Transit is putting into place a new policy that they be included in discussions for any new development that may ask for an increase or new bus service. Mr. Engman will ask they be included in this discussion and also suggested contacting the developer of Conifer on West Hill. Mr. Stein noted any GPS map function that has a location of Cornell University campus shows Pine Tree Road as a main access point. Ms. Robertson said the goal of layered transportation is to keep delivery trucks on State routes as much as possible; East Hill Plaza and Cornell University do have local deliveries as well. She also said when traffic patterns change in one area it often affects other routes as well. Cornell University and the Town of Ithaca are using the Transportation GEIS in planning this project. Privilege of the Floor for Legislators Mr. Proto, District No. 7 Legislator, reported the Public Service Commission has put a hold on the New York State Electric and Gas Corporation request for a rate increase to allow review of comments. The State, in cooperation with New York City, applied for a broadband grant, the funding may come from the Federal Communications Commission's Universal Service Fund. Mr. Proto announced there will be a Tompkins Consolidated Area Transit budget presentation on July 28th in the Borg Warner Conference Room of the Tompkins County Public Library. Mr. Shinagawa, District No. 4 Legislator, announced the Fingerlakes Dragon Boat Festival will take place Saturday, July 10t'' in Cass Park and will include performances from various drumming and dance groups throughout the day. In addition, there will be the carnation and eye -dotting ceremony and booths with various information and crafts. Ms. Robertson said the County is sponsoring a boat and there is still time to join the team. Mr. Shinagawa noted there will be over two dozen teams from United States and Canada. Mr. Stein, District No. 11 Legislator, noted the increased traffic concern on Pine Tree Road would be the result of removal of an overhead bridge that currently restricts some traffic. Mr. Shinagawa noted it will be interesting to see what happens regarding road patrols and speed traps since GPS updates are now including notation of areas where they are normally set up. Mr. Proto announced there will be many other events throughout the County this weekend including the Danby Fair, Parade, and Fireman's Field Days, the Celtic/Scottish games at Stewart Park, and the Dryden Library groundbreaking ceremony. Ms. Chock, District No. 3 Legislator, said with regard to Pine Tree Road it is important to distinguish the difference between route concerns versus speed. Suggestions regarding these items have only been limited to local items. Ms. Chock shared her experience of being at Thomas Jefferson's grave on the Fourth of July. She said nearby was a naturalization ceremony that had just taken place. Ms. 232 July 6, 2010 Chock said Thomas Jefferson was one of the first City Planners who advocated comprehensive planning; many things we believe are new ideas were thought of during his time. Mr. Lane, District No. 14 Legislator, announced a groundbreaking ceremony for the addition to the Southworth Library will take place July 10th at 10:00 a.m. He spoke of Hank Dullea's article regarding the constitutional basis of the State budget that is available for others to read if desired. Mr. Lane spoke of the problems with the State budget, noting State officials took a holiday when they determined how to spend funds but not how to obtain the revenue. He said a lot of change is needed within State government. Ms. Pryor, District No. 6 Legislator, thanked Mr. Scvornick and Ms. Herath for speaking on the importance of their programs to the community and the pain caused by the State's lack of completing their work. She said all Legislators wish they could help the groups. 2010-2011 Tompkins Cortland Community College Operating Budget Dr. Haynes provided a brief synopsis of the 2010-2011 Tompkins Cortland Community College proposed budget, noting it assumes a $130 reduction in FTE (Full Time Equivalent) students from last year's budget. He said this figure assumes a $285 per FTE restoration based on the Assembly and Senate agreeing to restore the funding that had been cut last December. The budget assumes a five percent increase in tuition and a 4.6 increase in enrollment (a conservative estimate). In addition, it assumes there will be two staff cuts, one administrative and one classified staff, a fifty percent reduction in the equipment budget, ten percent in the departmental operational budget on top of the $400,000 reduction taken mid -year to accommodate the cut in State aid, and no increase in sponsoring. With regard to the maintenance of effort requirement, if funding for a community college is more than one-third funding from student tuition, it states "either in the aggregate or on a per full-time equivalent student shall be no less than the comparable actual rates for the previous year." The per -student support from the sponsors (Cortland and Tompkins County) is reduced by $160 per FTE student due to an increase in enrollment. The other criteria is the flat -dollar contribution, which needs to remain the same; if reduced by one dollar it would cost the college between $5.7-$6 million (difference between best- and worst-case scenario). The Governor vetoed the Senate and Assembly efforts to restore funding, however, when discussing the matter with Senator Seward and Assemblywoman Lifton they indicated the process is not complete and there could still be hope to restore the funding. If the funds are not restored, the increase in enrollment would assist in offsetting the loss of revenue. Currently enrollment is up 14 percent above last year, with summer school up 9 percent. Steps are being taken to reduce staff an additional 4.5 FTE (two vacant positions, two currently staffed). Mr. Stein asked what the change in expenses and students is between the current and proposed budgets. Dr. Haynes said the bottom line increase is 2.2 percent; the original increase in students was projected at 4.6 percent, which would be modified to 10.3 percent, subject to restoration of funding. In response to the question of quality of education, Dr. Haynes said the primary focus is to preserve direct support for core enrollment; areas outside of core would be affected by staff reductions. Because there are many qualified teachers, adjunct professors are utilized to reduce expenses. Mr. Proto asked if the satellite service center and international exchange programs would be affected. Dr. Haynes said the centers are doing well and should not be affected by reductions in funding. The State provides one-half the cost of rental for the Cortland center. He anticipates the program would be reviewed to become more reliant on the service centers. With respect to the international exchange program, it was not certain if there would be funds from Disney. At this time the Department of State has provided a verbal commitment to do the visas and it is expected to confirm this in the near future. Mr. Proto suggested working with the City to come up with numbers showing the positive financial impact the center produces. 233 July 6, 2010 In response to Ms. Chock's question on enrollment policies, Dr. Haynes said with the exception of the nursing program the College is an open -access institution. There are prerequisites such as skill levels and for international students testing is completed to provide students with the appropriate level of skills needed to succeed. Dr. Haynes clarified that if necessary due to cuts by the State, he may bring forward a modified budget that would draw down on the college's fund balance. He noted the use of fund balance has not occurred in the past and he believes the changes are remote that he would need to do so. The shift in sponsorship shares (percentages) is the result of a three-year average ratio of student enrollment for each county. The formula used for this budget shifts one percent ($42,549) from Cortland County and increases Tompkins County by the same. This brings the total Tompkins County contributes to $2,638,047. Presentation of Resolution(s) from the Budzet and Capital Committee RESOLUTION NO. 102 - ADOPTION OF 2010-2011 BUDGET — TOMPKINS CORTLAND COMMUNITY COLLEGE It was MOVED by Mr. Dennis, seconded by Mr. Proto. Ms. Kiefer suggested the following statement be included in the resolution: "The approved plan is the ratio of the two sponsor counties shares based on the three-year rolling average of their student enrollment." However, following a brief discussion it was agreed the statement would be added as a note to the resolution. Ms. Pryor said she was initially concerned that the County was supporting the College without the same cuts to departments, however, having heard the presentation that clarified the serious cuts that have occurred she is supportive of the resolution. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2010, through August 31, 2011, 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 6th day of July, 2010, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2010-2011 operating budget in the amount of $35,390,806 of which the total sponsoring community contribution is in the amount of $4,254,915 (a zero percent increase) be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2010 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2010, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2011, 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 Note: The approved plan is the ratio of the two sponsor counties shares based on the three-year rolling average of their student enrollment. Chair's Report 234 July 6, 2010 Ms. Robertson announced there are two cooling centers that are open to the public: (1) Greater Ithaca Activity Center, from 1:00 p.m. to 7:00 p.m., and one at Friends Hall at the east end of Schoellkopf complex from 4:00 p.m. to 8:00 p.m. today and 2:00 p.m. to 8:00 p.m. for the balance of the week. She suggested other questions could be directed to the 211 Information line. Ms. Robertson spoke of meeting with Committee Chairs to review preliminary budget information and asked that each Committee spend time reviewing budget information submitted by Department Heads and suggested special meetings to do so if necessary. Legislators will be receiving copies of the departmental program review documents within the next several days, followed by agency review documents soon after. Report from the County Administrator Mr. Mareane said cuts from the State are being reviewed and it will take several days to determine how they would affect departments. Preliminary information indicates concern for core programs in the aging services area, home care services, reimbursements to the Probation Department, and the child welfare programs within the Department of Social Services. Although the State has not approved its revenue budget, the State is proposing numerous increases in taxes, restoration of tax on clothing and shoes, deferral of business tax credits granted under economic development programs, and a reduction of itemized deductions for charitable giving by wealthy individuals. In spite of their increasing revenue through these measures, the Senate has indicated it would not approve any home rule request for local governments that would increase revenue, including surcharge on landline phones, extensions of existing sales tax that is expiring, and the County's request to increase mortgage recording tax. He is concerned that if actions such as this become a precedent to deny home rule requests it will become a large issue. Lobbying efforts to reverse this decision are being undertaken by New York State Association of Counties and other counties throughout the State. If the request does not go through it would mean an additional three percent increase to make up the $1 million the tax increase represented or to cut expenditures, which would be in the non -mandated areas. In response to Mr. Dennis' question regarding the Federal FMAP funds for Medicaid, Mr. Mareane said the preliminary budget is based on the premise of not spending any funds until it is known what the amount would be. If the State does not receive Federal funding it would require an additional billion dollars in their budget. Ms. Robertson said this morning Congressman Arcuri told her he is in favor of the Federal share going to states. Mr. Proto said the FMAP matter is supposed to be brought up within the next several weeks. He then asked if there would also be lobbying regarding mandates. Mr. Mareane said there would be continued efforts. He noted one reason property taxes increase is the cost of mandated programs, especially pensions. The expenditure side of the budget is in place and the changes will be on the revenue side; it is hoped to have the mortgage tax and home rule items restored. Ms. Chock said it is the right and duty of citizens to let their voices be heard. She asked if there is anything that could be done to help with the lobbying efforts, including a resolution. Mr. Mareane said phone calls would be helpful. Ms. Herrera asked if it is a bi-partisan effort regarding the Senate's position. Mr. Mareane said neither party is taking credit. The County was careful, transparent, open to debate, looked for options, and did what it felt was right and appropriate for the community If it reaches a point in Albany that they say they know what's better for the community, that is a concern of principle and what it would mean for the next round of Home Rule requests. There are two sources of revenue within the County, property tax and sales tax. Ms. Herrera said this is one tax she supported; if the option is removed, increased property tax would be much more regressive and narrows alternatives. 235 July 6, 2010 Mr. Stein believes it to be a very political move. In a tough year it would be unusual to have a Senator put themselves on the line. He said counties and municipalities should be afforded the right to raise certain kinds of taxation if desired; it should not have to be authorized by the State Legislature. He asked if it would require a constitutional amendment to reach that goal. Mr. Wood did not believe it would require a constitutional amendment; the State would simply not place a sunset clause. Ms. Robertson said Ken Crannell, formerly of New York State Association of Counties, said a year ago he believed the State would begin to not approve local government requests. She noted that in addition to denying local government requests they are raising regressive taxes, raising taxes on donations to the wealthy, which would only hurt those receiving donations, etc. Instead of raising income tax rates, particularly for the wealthy, they are choosing what will hurt those who can least afford it. Presently the Medicaid portion is 29 percent of the property tax levy; if the State would take over the share of the program, property taxes could be reduced by 29 percent. She hopes the lobbying efforts are successful. Confirmation of Appointment Mr. Mareane reported on the search for a Supervising Attorney for the Assigned Counsel Program and provided information on the position. He said the Advisory Board on Indigent Representation set up a committee to review candidates and recommends Wes McDermott, Acting Supervising Attorney be appointed to the position. He agrees with this recommendation, and the Public Safety Committee approved the appointment, which now requires Legislature confirmation. It was MOVED by Mr. Shinagawa, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to appoint Wes McDermott to the position of Supervising Attorney for the Assigned Counsel Program. APPOINTMENT CONFIRMED. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires said there is a pattern throughout the State of counties not being reimbursed for Social Services costs. Counties have not received any funding from the State Office of Family and Children's Services and in other areas only receiving small amounts with no regular schedule of when it may come. The counties are paying out for these services daily. As a result, most counties are down several million dollars in reimbursements. He reported that today he received $500,000 for Mental Health, which is the largest check received in the past three weeks; the average received is approximately $2,500 per day. Due to the lack of reimbursements he is concerned there may be liquidity issues before the end of summer that may require bonding to cover expenses. Mr. Squires said the County had $2 million dollars on hand at the end of May, by the end of June there should be an additional $3 million in property taxes received which will help offset the monies owed by the State for a period of time. He is concerned that although benefits are being paid the reimbursements are not. He said there has not been any notice or explanation regarding the lack of reimbursement payments and he believes it is due to the recession. Mr. Squires reported a positive aspect is that the County sales tax revenue has been favorable, with June payments up twelve percent. Ms. Chock asked if it is possible to determine what is owed and use the information in the lobbying efforts. Mr. Squires said the comparable is to see what the receivable is for New York State; it varies from $4 million to as high as $12 million. It was up at year's end $4 million over the previous year; as the year progresses claims are submitted but are not diminished by reimbursements. What his 236 July 6, 2010 office has to watch is being paid and what comes in regularly. It was also noted, if the County did not pay the State for their claims, they could withhold State Aid payments. Mr. Proto asked if the problem with reimbursements could affect the County's bond rating. Mr. Squires said since the situation is the same throughout the State he believes it would be the same for any county. If the County were to bond, it would be looked at to see if it could have been prevented or if it is a matter of spending more than able to pay. Resolution(s) to be Added to the Agenda There were no resolutions to add to the agenda. Resolution(s) to be Withdrawn from the Agenda There were no resolutions to withdraw from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 103 - AWARD OF BID - LEACHATE HAULING FROM CLOSED LANDFILLS It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the Department of Finance -Division of Purchasing has duly advertised for bids for the transportation of Leachate for the Tompkins County Public Works Department, and WHEREAS, one (1) bid for Leachate Transportation from the Hillview landfill and the Caswell landfill to the Ithaca Area Wastewater Treatment Plant in Ithaca, New York, was received and publicly opened on Friday, June 25, 2010, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for Leachate Transportation from the Hillview landfill and the Caswell landfill to the Ithaca Area Wastewater Treatment Plant in Ithaca, New York, be awarded to WeCare Transportation, LLC of Jordan, New York, for a price of $49.00 per 1,000 gallons, RESOLVED, further, That the funds are available in the Solid Waste Division budget, account number 8166.54442, RESOLVED, further, That the Contract's Administrator be authorized to execute this bid on behalf of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 104 - INCREASE IN HOURS — MAIL AND RECORDS CLERK — COUNTY CLERK It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the County Clerk's Office wishes to increase the hours for the position of Mail and Records Clerk from 35 hours per week to 40 hours per week to accommodate the pressure of business, and WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by 237 July 6, 2010 having this position designated as a 40 -hour work week, and WHEREAS, such change is part of several organizational changes in the Department that will be beneficial to the organization and result in increased efficiency, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the standard work week for one position of Mail and Records Clerk, Labor Grade 7, be increased from 35 hours per week to 40 hours per week, effective immediately, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 105 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS - SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on June 15, 2010, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at public auction. SEQR ACTION: TYPE II -20 RESOLUTION NO. 106 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED - PROPERTIES REDEEMED BEFORE COUNTY AUCTION It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, Tompkins County works with property owners to allow them to redeem their homes prior to auction, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2010 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest and fees as follows: Town of Ithaca Village of Groton Town of Dryden Town of Newfield SEQR ACTION: TYPE II -20 31-4-4.2 Bob Orshalom 5-1-5 Gary & Laura Scutt 76-1-20.53 Howser Meadows, Inc. 3-1-3.52 Gary Armstrong Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Workforce Investment Board Lisa Patz - Business representative; term expires June 30, 2013 Paul Gardner - Business representative; term expires June 30, 2013 238 July 6, 2010 Mark R. Coldren - Business representative; term expires June 30, 2013 Lisa A. Holmes - Senior Program representative; term expires June 30, 2013 Report from the Budget and Capital Committee Mr. Dennis, Chair, reported the Committee will meet on July 12th. Ms. Herrera requested to add the revisionist minutes interpretation item to the Budget and Capital and Facilities and Infrastructure agendas. She has already spoken to Mr. Lane, Chair of the Government Operations Committee, to add the item as well. She would like to see Committees discuss the matter in public for transparency purposes. Report from the Public Safety Committee Mr. Shinagawa, Chair, said the Committee met on June 30th. In addition to the discussion regarding Mr. McDermott's appointment, the bulk of the meeting was spent on a presentation by Spillman about the new computer-aided dispatch system. This system is state-of-the-art and would provide information to dispatch calls accurately, look at the area to determine escape routes, etc. The system would also provide a management tool that shows trends and tracks patterns in the County to assist with the law enforcement leaders to have information to assist in solving and preventing crimes. The Committee unanimously approved a resolution be prepared and a capital project request be made to purchase the system. There will be a special meeting to take action on the items when prepared. Mr. Shinagawa thanked all who worked on this project. Mr. Stein said it was a great presentation. He expressed concern about the ultimate costs for upgrades and maintenance ($152,000 out of $1.5 million total). Although upgrades are necessary he said it would continue to increase up to a cap. Mr. Mareane said seven percent is the maximum increase for maintenance. He would like to have language written into the contract that would limit large increases each year. Mr. Robison said he had been skeptical about the system and volunteered to be part of the process. As a result he believes this company and program is the appropriate way to move forward, particularly since the present system does not assist officers and the public well. He expressed appreciation to the Committee reviewing bids and noted the County's negotiators were very successful in obtaining greater service for less than originally quoted. Mr. Shinagawa thanked Mr. Robison for his assistance reviewing the project. Ms. Robertson said this is the final piece of the $20 million communications project the County has worked on for many years. She also reported Cornell University has also chosen the same vendor for their systems. There is part of the funding in the original capital project and the Sheriff is confident there will be grant funds available for some of the project as well. Mr. Proto asked if there would be additional information on the Alternatives to Incarceration report. Mr. Shinagawa said there were some contingencies regarding part of the report and is expecting to have a report at his next meeting. Ms. Robertson said there will be a report to the full Legislature on July 20th. Ms. Chock asked if there would be any option to phase in the system. Mr. Mareane said it is an integrated system that is woven together. He does not believe there is an opportunity to phase in portions of the system. Mr. Shinagawa said the County is also paying for training of the system, which will include thirty days on-site with law enforcement officers. Ms. Chock asked if the question could be answered and the information brought to the Legislature before taking action on the contract. Mrs. McBean-Clairborne said the question of implementing in phases was asked many times and the answer was that it could not be. She also pointed out there will be ninety days of training for law enforcement 239 July 6, 2010 personnel as well as emergency responders. There would also be equipment purchases made by municipalities during this time to determine it is operating properly. The committees who worked on this project over the years had also asked the question due to the costs, and she believes it would be good to ask the question again. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met. She reminded individuals to turn in their workplace climate survey if they had not yet done so. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet July 14`h. At that time Dr. Them, Guthrie Clinic, will speak to the Committee about what affect gas drilling operations could have in the health and human services areas. He clarified it would not be about the actual hydrofracturing process. He reported Mr. Mareane will provide an update on the Public Health Director search and that earlier today there was an all -day session of the committee assigned for the search for Youth Services Director. Mr. Proto asked members of the Committee to be prepared to discuss two potential dates for special meetings to review the budget information they will be receiving. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Chair, reported the leachate contract is with the same firm, WeCare, and increased from $47/gallon to $49/gallon. The amount of leachate continues to decrease, with seventy-five percent of the hauling from the Caswell Road site and twenty-five percent from the Hillview Road site. The Committee met on July 2nd and discussed the Biggs property disposition. Any sale or disposition would include discussions with the Town of Ithaca, taking into account their Comprehensive Plan. The Committee heard from Mr. Marx about a potential capital project for facilities deferred maintenance, and a possible official highway map indicating rights-of-way. The Airport provided a sketch of the plan to replace trees removed from the parking lot project. Ms. Kiefer reported the Committee reviewed one 2010 rollover request. Only three members were present and it did not receive the support to move forward. The Committee reviewed a proposed resolution regarding public art on public buildings, however, due to many concerns raised, action was delayed. Solid Waste Division made a presentation of its ReBusiness project recognition awards to businesses cooperating in waste reduction. They spoke of two grants, one for $35,000 for composting and recycling in rural locations and trailer parks, and one for $45,000 for reuse programs in schools. They also reported on a contract with Challenge Industries to provide countywide paper shredding; a Park Foundation grant to Challenge Industries will provide the lock -boxes to keep the paper secure. There will be a tour of a single -stream recycling facility in Ontario County in August. Interested Legislators should contact Ms. Fuller in the Legislature office if they are interested in attending. Mr. Proto requested an update on what pricing the County is receiving for recyclables. He then noted he had a County Highway map that was produced in 1983. Ms. Kiefer explained the "Official County Highway Map" being discussed would have many more details and include possible future use of roads. RESOLUTION NO. 107 - AWARD OF BID - CR110, ELLIS HOLLOW ROAD RECONSTRUCTION - TOWN OF DRYDEN It was MOVED by Ms. Kiefer, seconded by Mr. McKenna. Ms. Kiefer said the bid includes colored shoulders. Ms. Robertson said she is pleased to see the project move forward. Mr. Proto asked if 240 July 6, 2010 there would be a need to have eminent domain proceedings for any properties. Ms. Kiefer said to her knowledge the project is moving along smoothly. Ms. Robertson said two years ago the project was contentious; the County responded to the public and the project will now be well received. She also noted the design calls for five-foot shoulders. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for CR 110, Ellis Hollow Road Reconstruction - Phase 1, and WHEREAS, five (5) bids were received and publicly opened on June 30, 2010, and WHEREAS, the low bid was within the budget estimate, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a contract be awarded to SuitKote of Cortland, New York, lowest responsible bidder, in the amount of $1,606,214.88, RESOLVED further, That the funds are available in the Ellis Hollow Road Capital Account #HZ 5325.59239.53.25, RESOLVED further, That the Highway Division is hereby authorized to execute change orders to the contract up to 10% of the value of the contract, funds to be provided from the Ellis Hollow Road Capital Account (HZ 5325.59239.53.25) and Road Maintenance Program Capital Account (HZ 5105.59239.51.05). SEQR ACTION: TYPE II -2 Report from the Capital Program Review Committee Ms. Robertson, Chair, said the Committee will meet July 8th Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on June 17`h. Ms. Lynch reported on work being done by the Pubic Information Advisory Board in preparation of the 2011 budget presentation. They are discussing various methods to bring about public awareness and provide additional transparency. One suggestion is to have a call-in radio show to provide dialogue. Mr. Lane reported on Ms. Pryor's well - attended public information meeting held in the Town of Lansing. Both Mr. Mareane and Ms. Lynch were present for the meeting and if other Legislators would like to have this type of meeting Ms. Lynch has offered her services. Mr. Lane said the Committee discussed what the next steps will be when census information is completed. With respect to the redistricting, various scenarios were considered. Previously the Legislature Committee responsible for redistricting worked with staff and municipal officials. The Committee is discussing having a larger public presence, possibly an independent commission, which is what the State has planned to do. The census information will be received within the first two months of 2011. He spoke about the resolution on the agenda concerning a standard work day for elected and appointed officials. It indicates Ms. Kiefer's time as less than other Legislators due to her illness during the reporting period. He noted that Ms. Kiefer has worked for many years as hard as anyone and that she will have an opportunity to amend the time in the future. RESOLUTION NO. 108 - ESTABLISHING STANDARD WORK DAY FOR ELECTED AND APPOINTED OFFICIALS 241 July 6, 2010 It was MOVED by Mr. Lane, seconded by Ms. Pryor. Mrs. McBean-Clairborne asked for clarification of what the resolution accomplishes. Mr. Lane said the resolution provides a standard work day for reporting purposes to the New York State Retirement System. It does not require daily reporting and is the standard day for the remainder of an individual's term of office. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, effective August 12, 2009, New York State adopted a new regulation 315.4 for additional reporting requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System, and WHEREAS, a three-month record of work activities was submitted to the Clerk of the Legislature by those officials that do not maintain a daily record of actual time worked, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of the Legislature: Title Name Standard Work Day (Hrs/day) Term Begins/End s Participates in Employer's Time Keeping System (Y/N) Days/Month (based on Record of Activities) Elected Officials Legislator Will Burbank 6 1/1/2010 - N 20 12/31/2013 Legislator Carol Chock 6 1/1/2010 - N 20 12/31/2013 Legislator Kathy Luz 6 1/1/2010 - N 20 Herrera 12/31/2013 Legislator Dooley Kiefer 6 1/1/2010 - N 17.5 12/31/2013 Legislator Michael E. Lane 6 1/1/2010 - N 20 12/31/2013 Legislator Pamela 6 1/1/2010 - N 20 Mackesey 12/31/2013 Legislator Leslyn McBean- 6 1/1/2010 - N 20 Clairborne 12/31/2013 Legislator David McKenna 6 1/1/2010 - N 20 12/31/2013 Legislator Frank P. Proto 6 1/1/2010 - N 20 12/31/2013 Legislator Pamela 6 1/1/2010 - N 20 Mackesey 12/31/2013 Legislator Leslyn McBean- 6 1/1/2010 - N 20 Clairborne 12/31/2013 Legislator Frank P. Proto 6 1/1/2010 - N 20 12/31/2013 Legislator Martha 6 1/1/2010 - N 20 Robertson 12/31/2013 Legislator Peter Stein 6 1/1/2010 - N 20 242 July 6, 2010 RESOLVED, further, That the resolution be posted on the Tompkins County website for a minimum of 30 days and that a certified copy of the resolution and affidavit of posting be filed with the Office of the State Comptroller within 45 days of adoption. SEQR ACTION: TYPE I1-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee will meet on July 7th. Report from the 2010 Complete Census Committee Ms. Mackesey, Chair, did not have a report. Approval of Minutes of June 15, 2010 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. Ms. Herrera read the following statement: "I would like to express, for the record, my deep concern regarding a new interpretation of our policy regarding minutes. This new policy is one I formally questioned on the record at both the Capital Review Committee and the Budget and Capital Committee. At each of those meetings I requested that, in the interests of open government this revisionist policy be considered and commented upon by at least two relevant committees, the Government Operations Committee and the Budget and Capital Committee. "The reason I'm requesting review is my strong concern that the practice of Legislators privately or publicly questioning staff regarding comments that staff person has made, requesting that the minutes reporting the staff person's comments be changed to accommodate the Legislator's request. As some of you are aware, I believe that this new revisionist minutes policy raises legal and ethical issues that must be publicly addressed by the Legislature. I'm aware that Martha Robertson issued a statement on June 25, but am not sure whether her interpretation of this revisionist policy was made public. "I again request, on the record, that the Legislature publicly consider and discuss this issue in committee, with the results reported at the Legislature. When I can be assured that minute revisions do 243 12/31/2013 District Attorney Gwen Wilkinson 8 1/1/2010 - 12/31/2013 N 20 Appointed Officials Election Commissio ner Elizabeth Cree 8 1/1/10 - 12/31/2011 Y 20 Election Commissio ner Stephen Dewitt 8 1/1/09 - 12/31/2010 Y 20 Clerk of the Legislature Catherine Covert 8 Indefinite Y 20 Finance Director David Squires 8 Indefinite Y 20 County Administrat or Joe Mareane 8 Indefinite Y 20 County Attorney Jonathan Wood 8 Indefinite Y 20 RESOLVED, further, That the resolution be posted on the Tompkins County website for a minimum of 30 days and that a certified copy of the resolution and affidavit of posting be filed with the Office of the State Comptroller within 45 days of adoption. SEQR ACTION: TYPE I1-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee will meet on July 7th. Report from the 2010 Complete Census Committee Ms. Mackesey, Chair, did not have a report. Approval of Minutes of June 15, 2010 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. Ms. Herrera read the following statement: "I would like to express, for the record, my deep concern regarding a new interpretation of our policy regarding minutes. This new policy is one I formally questioned on the record at both the Capital Review Committee and the Budget and Capital Committee. At each of those meetings I requested that, in the interests of open government this revisionist policy be considered and commented upon by at least two relevant committees, the Government Operations Committee and the Budget and Capital Committee. "The reason I'm requesting review is my strong concern that the practice of Legislators privately or publicly questioning staff regarding comments that staff person has made, requesting that the minutes reporting the staff person's comments be changed to accommodate the Legislator's request. As some of you are aware, I believe that this new revisionist minutes policy raises legal and ethical issues that must be publicly addressed by the Legislature. I'm aware that Martha Robertson issued a statement on June 25, but am not sure whether her interpretation of this revisionist policy was made public. "I again request, on the record, that the Legislature publicly consider and discuss this issue in committee, with the results reported at the Legislature. When I can be assured that minute revisions do 243 July 6, 2010 not include the possibility of revisions to staffs comments by Legislators, I'll be less concerned about this loss of transparency and open government. "Accordingly, unless it is specifically stated that no revisions were made off the record and that staff wasn't privately or publicly approached to revise their comments based on a Legislator's memory, notes, or desires, I will be voting no to minutes because of my concern about our loss of transparency in local government and very real possibility, certainly not intentional or from any of us, of abuse or ethical and legal ramifications due to this revisionist policy." Mr. Proto thanked Ms. Robertson for her memo clarifying some of the procedure and asked what should be done at this time regarding minutes. Ms. Robertson said the memo was written to clarify procedure while the matter is being reviewed by the Government Operations Committee. Upon their review a recommendation would come forward and would be reported to the full Legislature. She has received good comments thus far. Ms. Herrera noted she was in disagreement to Ms. Robertson's interpretation. Ms. Kiefer offered amendments to the minutes following the presentation of the Downtown Ithaca Alliance's Strategic Plan to include her statement indicating a desire for green spaces and pocket parks and also an amendment to the discussion on Resolution No. 99 that indicated her comment agreeing about consistency between the title and the language in the resolved. Ms. Kiefer then spoke about staff's words in the minutes and said she does not believe there are many staff members who read the Legislative minutes. When a Legislator reads the way a staff statement has been characterized, she does not see anything wrong calling attention that staff is being quoted or characterized in the minutes and calling that staff person to ask if it is accurate. If that is what Ms. Herrera objects to she hopes Ms. Herrera could think about how that could be handled. Mr. Dennis said the matter has been referred to committees. He agrees with Ms. Herrera's comments about not wanting to be perceived as unethical and the way to do so is not writing it down; people can see the video and hear the tape. He believes it is only necessary to have action only records. He also noted that for the five years he has dealt with staff and in no case has he seen staff feeling threatened by any Legislator; if he had he would be open to hearing them. Ms. Mackesey said she believes the matter should go to Committee. Mr. Proto, as mover of the minutes, said he supports the amendments by Ms. Kiefer, however, in deference to Ms. Herrera suggested the recording be checked to determine if it is accurate. He agrees with Ms. Mackesey that the Government Operation Committee should discuss the issue and that the Legislature abide by the Chair's memo until the Committee makes its suggestions. Ms. Chock also announced a correction to a report title within the minutes that was accepted. Mr. Stein asked how long recordings are kept, and whether there is a legal significance to the words of a staff member made at meetings that is not significant to the decisions being made. With regard to votes, Mr. Wood said it is not a requirement to have the discussion, just the votes. Whether it could have legal significance, if someone challenged a vote based on what someone said, the matter rarely comes up. The other part is the policy of this Legislature, and changing minutes is a different issue. If it is a substantive change it should come to the Legislature, but if it is just spelling, whether the request is by Legislators or staff it is not necessary. Mr. Stein was informed the recordings of Legislature meetings are a permanent record and that it was believed Committee recordings are kept six months after approval of minutes. 244 July 6, 2010 Ms. Robertson said it is in everyone's interest to have transparent and accurate minutes and to make sure what is on paper is backed up by the recording. To her knowledge in the nine years on the Legislature she has never heard or sensed any actual problem as far as the content misrepresenting anybody's comments, intentions, etc. The Committees will look at this and bring recommendations for changes back to the Legislature. In the meantime the memo is to assist in operating in the meantime. A voice vote to approve the minutes of June 15, 2010, as corrected, subject to review of the recording. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Herrera). MINUTES APPROVED. Recess Ms. Robertson declared recess at 8:26 p.m. The meeting reconvened at 8:45 p.m. Executive Session It was MOVED by Mr. Robison, seconded by Ms. Pryor, and unanimously adopted by voice vote, to enter into an executive session to discuss real estate negotiations and a personnel matter. An executive session was held at 8:45 p.m. and returned to open session at 9:35 p.m. Adjournment On motion the meeting adjourned at 9:35 p.m. 245 July 20, 2010 Regular Meeting Call to Order The meeting was called to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Kiefer). Presentation of Proclamation Ms. Robertson read a proclamation proclaiming July 26th as Americans with Disabilities Act Celebration Day in Tompkins County and presented it to Lenore Schwager, Finger Lakes Independence Center Executive Director, and Bob Holdsworth, local attorney. Announcement of Executive Session Ms. Robertson announced there would be an executive session concerning a personnel matter held later in the meeting. [An executive session was not held.] Privilege of the Floor for the Public David Smith, Executive Director of the Tompkins Learning Partners, said the Center provides reading, writing, and language needs for adults and serves people from 25 different countries. He provided an overview of the programs and said he appreciates the support received from the County for this important program. Marie McRae, Dryden, spoke in support of the resolution on the agenda entitled Acceptance of Grant from the Park Foundation for a Planner to Work With Municipalities on Reducing the Impacts of Natural Gas Drilling. She believes a gas drilling coordinator is needed to focus on gas drilling and to be able to draw all the pieces together. She urged the Legislature to support the resolution. Klaus Beyenbach, Hanshaw Road, submitted the following statement: "The D&F of June 30 was a great disappointment because our local government continues to ignore us. We have given the Town, the Highway Department and the County many opportunities to work with us, but to this day there has not even been an attempt to have a dialogue with the residents along Hanshaw Road. "True, we have had public hearings. But from the very beginning in 2005 these hearings were simply "Show and Tell" by the Town, Highway Department, and now the County. All three agencies are pursuing one agenda with utter disregard of neighborhood input, concerns suggestions and complaints. All three collect information, do not react to it, and simply move on. "Many along Hanshaw Road still have no adequate maps at this time, and we do not know how our properties will be affected by the reconstruction of Hanshaw Road. Even the D&F of June 30 fails to spell out the real dimensions of Hanshaw Road. For example, it does not give the location(s) and width of the drainage system. So what will be the real width of the road? "We can document numerous instances where the rights of citizens were abused and where mandated State/Federal procedures were not followed. 246 July 20, 2010 "What is there to do if your local government ignores the concerns of its citizens? "What is there to do if your representatives do not represent their constituents? "What is there to do if your petitions do not even receive the courtesy of a response? "What is there to do if your letters go unanswered? "What is there to do if mistakes are made (always to the citizen's disadvantage) and then white- washed? "What is there to do if your local government becomes a stone wall? "And what do citizens do if they are in a corner? "It is the decision of our neighborhood to make one last appeal for cooperating with us. You can contact me, Mr. Hutchins, or Ms. Cowan, about engaging us for a constructive dialogue. We urge you to do this soon. I think notification of your intentions by the end of this week, Friday, is a reasonable timeline in view of our looming deadline." Herb Engman, Town of Ithaca, spoke in support of the resolution on the agenda entitled Acceptance of Grant from the Park Foundation for a Planner to Work With Municipalities on Reducing the Impacts of Natural Gas Drilling. There are efforts being undertaken by towns but there are some things towns are unable to do and he believes the County is in the best position to address this. Bernie Hutchins, Hanshaw Road, submitted the following statement: "On June 30, 2010, nine of you voted in favor of a Determination and Findings concerning the Hanshaw Road project. The D&F was largely boilerplate language, except for the special pleading of the last two findings, numbers (12) and (13), tacked on at the end. "Between the time the address list for certified mailing was assembled, and the March 16 hearing, nothing new happened. The Coddington Road decision was more than a year old at that time. The County, intentionally or through negligence, misinterpreted the Coddington Road Decision. It ignored the property rights of approximately 15 property owners who had been given bogus maps, and who were never notified of the taking of additional parcels of their land. "Regarding this situation, Mahlon Perkins spoke on behalf of three such owners on March 16. By April 2, the County admitted its errors. True to form, the County sugar-coated the admission - saying that they had "decided to compensate" for additional property. Given the County's financial situation, no one believes the County voluntarily decided to give away more money. Instead the County was FORCED to do so, because of its misreading of the Coddington Road Decision. This is a continuing error. By the June 4 F&I meeting, Finding 12 in this regard, had been included in the D&F. "At this June 4 meeting, citizens pointed out yet another error. The county, intentionally or through negligence, once again misinterpreted the Coddington Road Decision, and had totally ignored the property rights of YET ANOTHER 15 property owners. On June 11, by a letter of John Lampman to 15 property owners, the County admitted this error. Once again, the sugar-coating was done. The County was "offering a two week opportunity" for these additional owners to submit written comments. Never mind they were entitled to certified notice and a public hearing. But they said "The County regrets not personally notifying you." So that makes everything okay! Not in our quarters. "The D&F was accordingly rescheduled from a regular June 15 meeting to a special June 30 meeting. Magically an additional finding, number (13) appeared at the June 30 meeting. This was the one that Peter Stein described as having "sort of a legal purpose" but in which, he apparently had no interest. "The County claims it is allowed to make inadvertent errors. Indeed, NYS EDPL Section 202(D) says this. Inadvertent, to most of us, is unintentional, random, and rare. The statements in Findings (12) and (13) mean that fully one of every three property owners in the project was un -notified or only partly 247 July 20, 2010 notified. That number itself can't be considered inadvertent. Further, the wording in John Lampman's June 10 letter says WHAT properties were excluded, and WHY they were. They were excluded systematically; hardly inadvertently. "Peter Stein on June 30 indicated that he believed everyone knew what the County was doing. Perhaps, but likely not all. Clearly he, and indeed Mr. Wood, both miss the point of having certified, affirmative, notice as required by the EDPL changes of 2004. It is NOT to help a government that is truly interested in informing the public. It is to prevent a government that does not want the property owners to receive notice, or that is unable to do it properly, from getting away with it. "By Findings (12) and (13), the County admits these errors - it is not even left as an exercise for the property owners to establish them. Thus the County virtually provokes property owners to stand up to their supercilious behavior. And - they got nine of you to sign on to the staff's notion that these did not matter. We would hope that some of you regret your decision, and might wish to state here tonight your wish to rectify it. Of course, there is almost no time left." Report from Municipal Official(s) Mr. Driscoll, Town of Newfield Supervisor, commented on the number of hours Legislators work as reported in an Ithaca Journal article. Town Supervisors also carry the task of running a good local government and obtaining information to make good and informed decisions. He said gas drilling is consuming a great amount of time and spoke in support of the resolution on the agenda entitled Acceptance of Grant from the Park Foundation for a Planner to Work With Municipalities on Reducing the Impacts of Natural Gas Drilling. He also commented on the in-kind support towns have provided for this effort. Distinguished Youth Award Mr. Stein, District No. 11 Legislator, presented Matt Lowe with the July 2010 Distinguished Youth Award. Matt Lowe is a Dryden High School student and was nominated by Katie Levedahl, Manager of Education at the Sciencenter, and Dryden High School earth science teacher Travis Crocker. Matt was recognized for his contributions and service to Tompkins County and his commitment to sustainability. As part of the Sciencenter's ScienceWorks program, he led to the development of the countywide Green Business Challenge, challenging businesses to reduce carbon emissions by at least 10%. Matt also founded Dryden High School's Sustainability Club and organized a local event as part of the "350 International Day of Climate Action." Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, announced the Grassroots Festival begins this Thursday at the Trumansburg Fair Grounds and urged people to attend. He named several of the musical groups that would be performing. Ms. Chock, District No. 3 Legislator, said she attended the celebration of the completion of the renovation project of the Hangar Theatre and urged Legislators to visit. She provided a brief history of the Theatre and said it opened 40 years ago. She congratulated a number of people for their support and said it would not have been achieved without the public support "now and then". Ms. Mackesey, District No. 1 Legislator, reported that GADABOUT will be transporting people to the Grassroots Festival for the Merle Haggard show. Mr. Burbank, District No. 12 Legislator, also spoke about the Hangar Theatre renovation project and said it was a $4.6 million project and that 97% of it has been paid. Three percent remains and he hopes more support will be provided. Mr. Burbank praised the renovation project and stated the Hangar 248 July 20, 2010 is absolutely stunning. He reported the Kitchen Theatre is also undertaking a renovation project and a fundraising effort, although a much smaller effort. That project is anticipated to cost $1.2 million. He announced the Ithaca Shakespeare Company is presenting Macbeth featuring Mental Health Commissioner Bob DeLuca. Mr. Burbank also reported that a group of people went to Cornell yesterday with Helene Diller of Cooperative Extension to express concerns about moving toward regionalizing the Extensions operations. The concern expressed was we do not want in the course as such a change could endanger the really good relationship we have had. Our local extension service is a reflection of the needs of the residents of this community. Mr. Proto, District No. 7 Legislator, provided an update on NYSEG rates and said although it seemed doubtful when he last reported the rate has now been reduced. He said he received acknowledgement from the Public Service Commission that letters he has sent concerning the NYSEG rate increase have been received. Mr. Proto announced the TCAT budget presentation will be held at noon on July 28, 2010 at noon. He thanked Mr. Holdsworth for attending this meeting and said he was instrumental in getting the elevator installed in the Courthouse. Ms. Pryor, District No. 6 Legislator, thanked Ms. Schwager and Mr. Holdsworth for attending this meeting and accepting the proclamation earlier this evening. She said the new ADA laws have made a world of difference for people who are "temporarily abled". She also spoke about the Early Intervention programs available in the school systems. She also thanked County staff for always being accommodating when she makes requests. Mr. Lane, District No. 14 Legislator, thanked Mr. Stein for selecting Matt Lowe of Dryden for the Youth Award recipient and spoke about the programs offered at the school. He reported on the groundbreaking ceremony last Saturday for the Southworth Library Lincoln Center construction project. A dedication ceremony will be held next Spring. Mr. Shinagawa, District No. 4 Legislator, thanked everyone for attending the Dragonboat Festival on July 10t''. Ms. Robertson also thanked everyone including Karen Fuller, Deputy Clerk, and Sarah Reistetter, Project Assistant for all their work in coordinating this. A lot of good feedback has been received. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke about the support of ADA and said this was a law that was really needed and recognized Diann Sams, Former Common Council member, for the hard work she did locally in years past. She hopes there continues to be improvements and more work done. Presentation — Probation and Community Justice Department's Annual Report Patricia Buechel, Director of the Department of Probation and Community Justice, provided a detailed overview of the Department's 2009 Annual Report. She highlighted the goals, accomplishments and the services delivered by the Department. Report from the Chair Ms. Robertson reported on meetings that have taken place with local State representatives concerning Tompkins County's Home Rule request on the Mortgage Recording Tax. She also reported she has asked to serve on a NYSAC (New York State Association of Counties) commission to transition Medicaid from counties to the State. Ms. Robertson reported on a news conference she attended yesterday in Albany concerning the proposed moratorium on new natural gas drilling in the Marcellus shale in which it was urged that the Senate vote in support of the gas -drilling moratorium. It was reported by Ms. Chock that Broome County has withdrawn their resolution to sign a lease agreement for gas drilling. 249 July 20, 2010 Report from the County Administrator Mr. Mareane reported the Health Depattiuent is now operating in a Leed-certified building on Brown Road. A lot of effort went into the successful move of the Health Department and he credited Health Department staff, particularly Brenda Grinnell Crosby and Katie Prince, and Greg Potter, Information Technology Services (ITS) Director, and ITS staff, and Arel LeMaro, Director of Facilities. When all punch list items are taken care of a formal ribbon -cutting ceremony will be scheduled. He reported on the Health Insurance Consortium and largely due to the persistence and work of Don Barber, Tompkins County Council of Governments (TCCOG) Chair, the New York State Insurance Department has reduced the reserve level requirement by $1 million to a level that is more acceptable. In order to do this, participating governments will have to advance funds to bring the reserve fund to the amount required to begin; the County's share is $500,000. There will be a meeting Thursday night to discuss implementation. He also reported that an amended agreement would need to be approved. Mr. Mareane reported on the program impact statements and said Legislators should have a hard copy by the end of the week and the completed forms will be available online to the public as well. This Thursday, TCCOG will meet. There has been a discussion over the last several months about the development of its own budget to support things that come along during the course of a year. He would like to begin engaging a discussion of what that budget might look like and how the cost can be shared. Mr. Stein asked where the County would come up with the $500,000 for the Health Insurance Consortium's Reserve Fund. Mr. Mareane responded that Mr. Squires is looking for a source but most, if not all, would likely come from the Fringe Pool. He said the savings in the end would justify an up -front payment into the reserves. Mr. Squires said this does raise a liquidity issue and thinks it is manageable because he sees this as an investment that will mature in five years rather than an expense. Report from the County Attorney Mr. Flash, Deputy County Attorney, said the Office is working on many of the projects mentioned this evening. Report from the Finance Director Mr. Squires said the Attorney General has requested retirement information for employees who retired in 2009 and overtime earnings from the County. Of the 13 retirees, there was one person who had overtime earnings for a total of 7.9 hours. In 2009 the average County salary was $46,000 and the average overtime payment was $1,800. He distributed the second quarter sales tax report that shows the County is still on budget - $100,000 over the budget estimate that would be expected at mid -year. He reported that he will be working on taking care of the remaining contents of the Biggs Building from the Health Department's move. Next month, he will bringing forward a bond resolution for the Ellis Hollow Road project and to finance the Public Safety project on this evening's agenda if approved. Addition of Resolution(s) from the Agenda It was MOVED by Mr. Shinagawa, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled In Support of Tompkins County law Enforcement and Emergency Services Personnel, Especially Sergeant Bryan Bangs of the Ithaca Police Department. Resolution(s) Withdrawn from the Agenda 250 July 20, 2010 There were no resolution(s) withdrawn from the Agenda Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolution under the Consent Agenda: RESOLUTION NO. 109 - BUDGET ADJUSTMENT - YOUTH SERVICES It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: REVENUE: 7022.43820 Programs for Youth -$10,748 7023.43820 Programs for Youth -$ 3,846 7028.43820 Programs for Youth -$10,482 7029.43820 Programs for Youth -$ 2,540 APPROPRIATION: 7022.54400 Program Expense -$ 7,825 7023.54400 Program Expense -$ 5,831 7026.54400 Program Expense -$ 4,716 7028.54400 Program Expense -$ 6,704 7029.54400 Program Expense -$ 2,540 Explanation: Budget adjustment is needed since state aid available for contracted youth programs run by agencies and municipalities was reduced for 2010 beyond the projected cuts that were included in the approved 2010 County Budget. State aid is assigned by the Department to contracts in several different program accounts. Even though, by account, revenue and appropriation reductions are not the same number, overall, reductions in appropriations ($27,616) equals the total being reduced in state aid ($27,616). SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda There were no appointment(s) presented for approval. Presentation of Resolution(s) from the Public Safety Committee RESOLUTION NO. 110 - AWARD OF CAPITAL CONTRACTS - PURCHASE AND IMPLEMENTATION OF PUBLIC SAFETY COMPUTER AIDED DISPATCH, RECORDS AND MOBILE DATA SYSTEMS MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. Mr. Shurtleff, Emergency Response Director, provided a brief overview of the current situation and the options explored. It is being recommended that the following components be replaced: • CAD (Computer Aided Dispatch) — core of all receiving and dispatching functions; • mobile data system — dispatches technologies out to the field; and 251 July 20, 2010 • records management system - used intensively by Sheriff and Department of Emergency Response and links records, systems, and technology that has been deployed through Information Technology Services, including TRACS The existing CAD system maintenance support ends this year and it needs to move to a new platform or be replaced. Without the CAD system mobile data functions cannot be restored or the communications capital project completed. The records management function cannot continue with the current CAD platform; this would put the Sheriff and some departments in a position of having to replace records systems. At this time, Mr. Shurtleff reviewed the three options that were explored that included doing nothing with the system. The recommendation being proposed gives a 20 -year investment and in looking at the options the project team feels it is the best value for the County's investment. Mr. Potter said during the Budget and Capital Committee there were discussion and concerns about ongoing service and maintenance costs. He explained the addition of a paragraph in the resolution that was supported by the Public Safety Committee that includes having a consistent cost for years two through six in the amount of $135,325 and the first year being paid for by an initial payment of $25,000. The previous version allowed the company to increase that by up to 7% on an annual basis. This results in a savings of $105,000. Mr. Potter said he will continue to negotiate the cost for the 7th year which is currently set at $196,813.07. Mr. Proto asked Mr. Potter to provide information on the company, Spillman Technologies, Inc. Mr. Potter said this is a private company that is based out of Salt Lake City, Utah, that has been in business for 20 -years; all they do is work with public safety software and have over 600 customers across the country. He cannot guarantee that the company's status won't change but they are one of the best staff has seen. Within the contract there is an escrow agreement that states if the company stops providing service that the County would have access to the source code. Mr. Stein questioned whether the contract would be increased at a seven percent level. Mr. Potter explained that the five percent level has been negotiated; the remainder of the contract is "up to" seven percent, with negotiations continuing. Mr. Shinagawa spoke in support of this and said not only is it a wise financial investment but it has the potential to significantly reduce crime in this County. Ms. Robertson said this is a perfect example of the cooperative work of the LETSS group. Mr. Robison said he was not always in favor of this but through the hard work of Mr. Shurtleff, Mr. Potter, Mr. Meskill, and the LETSS team that they have done, he believes this will save money in the end. Many of the aspects of this are very much needed and he thinks the public will see more of a law enforcement presence. One example he gave was the ability that this will provide officers to complete reports from their cars rather than in an office. Mr. Dennis spoke in favor of this and the need to replace an outdated and obsolete system. Mr. Stein asked about the "option to do nothing" and said he thought he understood that at the moment the CAD capability had deteriorated and asked if it is worse than it had been some years before. Mr. Shurtleff said the functionality has deteriorated; it is on an old platform that doesn't run as good as it used to and has a reduced number of functions because there isn't integration with the mobile data system. Mr. Stein questioned the seven percent increase and asked if the ceiling on what they can charge after year seven is still seven percent. Mr. Potter said they are going back to negotiate an amount that 252 July 20, 2010 would be less than "up to seven percent". He is was assured by Mr. Potter that he is not committing the County to annual increases in excess of seven percent in year eight and beyond. Ms. Chock asked if other municipalities were contributing to this. Mr. Mareane said municipalities were not contributing to this. She also asked what would happen if a municipality chose not to use this system. Mr. Shurtleff said that would be a policy decision and they would need to set up their own system. Ms. Chock said she is not convinced the County can afford having this system right now and expressed concern over the cost. She said she would like to see further discussion. She spoke of Emergency Communications Review and Oversight Committee meetings she attended at which she heard comments that some people really believed this system is needed and others say they thought the County could live without. She spoke of the increased reliance on new technologies and her support of neighborhood protection programs. Mr. Mareane said as this has been presented it has been stated there would be upfront costs and ongoing maintenance costs. Mr. Shinagawa and Mr. Potter clarified that the individual municipalities are responsible for covering the cost of the equipment in the vehicle as well as any additional costs for the mobile client costs. It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, to Call the Question. A voice vote resulted as follows: Ayes — 11; Noes — 3 (Legislators Chock, McBean-Clairborne, and Stein); Excused — 1 (Legislator Kiefer). THE QUESTION WAS CALLED. A roll call vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, in 2005 Tompkins County via Resolution 266 authorized the County Administrator to enter into a contract with Motorola for a trunked digital countywide emergency communication system, and WHEREAS, in 2008 Tompkins County completed the initial phases of the Public Safety Communication System (PSCS) Capital project resulting in the replacement and/or upgrade of countywide voice and paging systems and services to Public Safety responders, and WHEREAS, the remaining portion of PSCS Capital Project Funding was reserved to re-establish a Mobile Data solution for Public Safety responders in the amount of $700,000 and an additional amount of $150,000 is available through Homeland Security Grants, and WHEREAS, Tompkins County has identified the requirement to upgrade, replace and/or re- establish a multi jurisdictional integrated Public Safety Computer Aided Dispatch, Records Management and Mobile Data solution based on current technology and other business process and data management requirements as documented by the Public Safety Computer Aided Dispatch, Records Management, and Mobile Data Systems Project Team, and WHEREAS, the Public Safety Computer Aided Dispatch, Records Management, and Mobile Data Systems Project Team has thoroughly documented project requirements, reviewed alternatives and solicited for proposals in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, six (6) proposals were received, reviewed, and evaluated based on criteria documented in Section 7 of the project Request for Proposals released March 3, 2010, and WHEREAS, the Project Team, including representatives from the Law Enforcement Technology Shared Services Group (LETSS), E-911 Operations Fire/EMS Sub -Committee, Department of Emergency Response and the Department of Information Technology Services unanimously recommend the primary project contract be awarded to Spillman Technologies, Inc., now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the County Administrator, or his designee, be authorized to execute contracts for project components based on the not to exceed amounts as follows: 253 July 20, 2010 Software/Professional Services - Spillman Technologies Inc., Salt Lake City, UT $1,165,726 Third Party Software/Hardware $ 184,274 RESOLVED, further, That a revised Capital Project Approval Request (PAR) form be approved, RESOLVED, further, That the Director of Finance is authorized to prepare a Resolution to present to the Budget and Capital Committee and the Legislature for the bonding of up to $600,000 necessary to provide the above-named funds to complete the project, RESOLVED, further, That the County Administrator, or his designee, be authorized to execute a contract for a multi-year technology lease agreement for maintenance and software support with a one- time up -front payment of $25,000 and annual payments of $135,325 for years 2012 through 2016 payable to Government Capital of Southlake, TX, to whom Spillman has assigned the maintenance financing at zero percent interest to the County, RESOLVED, further, That the Department of Emergency Response and the Department of Information Technology Services be authorized to implement these contracts on behalf of the County, funds being available in Capital Account No. 3412.59239. SEQR ACTION: TYPE II -20 RESOLUTION NO. 111- IN SUPPORT OF TOMPKINS COUNTY LAW ENFORCEMENT AND EMERGENCY SERVICES PERSONNEL, ESPECIALLY SERGEANT BRYAN BANGS OF THE ITHACA POLICE DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Mrs. McBean-Clairborne appreciates the Legislature's support of this resolution being brought forward. Recent violence against Sergeant Bangs makes us realize how important it is for a policy-making body to make sure those who work 24/7 to provide safety and services to protect our well being are protected as well. We as a Legislature do not want to send a message that it is all right to have such violence in our County whether it's against law enforcement or each other. She said we also know in this County not all of the people who take the oath to serve and protect have done that with the highest level of integrity at all times. She said at those times they are called to question and sometimes our citizens feel they are hurt as a result. Mrs. McBean-Clairborne said in recent news we have had several complaints from citizens that we represent who feel that they have been wronged by our law enforcement so she wanted to recognize that citizens do matter. The intent of this resolution is to make sure that law enforcement and emergency services personnel are supported and have the highest level of respect; this Legislature wants to let Sergeant Bangs know this Legislature is sorry about what happened to him and his family and we hope this will not happen to any of the other professionals in law enforcement in our County. Mr. Shinagawa thanked Mrs. McBean-Clairborne for drafting the resolution; he offered an observation that Saturday, July 10"', was a day that represented the best and worst of Ithaca, and hopes in the coming years we can use the best to overcome this. Mr. Robison said from the outset he has been uncomfortable talking about this. He also thanked Mrs. McBean-Clairborne for taking the initiative to write this resolution. However, he is not sure about mixing this with other issues. He was a member of the Ithaca Police Department (IPD) for over 20 years and still works for the City through contracts. As an investigator he received calls in the middle of the night for all sorts of crimes. When he was called about this it was unlike any he had ever gotten because he couldn't believe that someone in government can be the target of such a violent act by doing what they asked and paid to do. Mr. Robison said he was there when Bryan Bangs joined the IPD and has yet to contact him or his father who he has known for a very long time because he is at a loss for words. He spoke of the fright that exists in the County because of this action and said until this person or persons are apprehended the entire County and region will not be the same, including interactions with law enforcement. The other point made by Mr. Robison is he is a big defender in everyone's rights but as an observation he believes the blogs that exist in the Ithaca Journal have made this situation worse. They are 254 July 20, 2010 cowardly, anonymous, and perpetuate this sort of thing. If it gets to the point where people's words and antagonism cause vents like this to happen there needs to be a discussion because that is not what was intended by freedom of speech. Ms. Robertson said she was told the City has worked with the Ithaca Journal and someone is monitoring the blogs on a 24/7 basis and there is a lot of stuff that hasn't been seen as it has been removed. Mr. Lane thanked Mrs. McBean-Clairborne for the resolution and agrees with the comments about the blogs and said it can be solved by whoever posts that they be required to sign their name to it. Ms. Herrera said she believes it is the role of government to preserve public safety and important for us as County representatives to say we support law enforcement and the integrity of public safety in this community and shall not be intimidated. The resolution reminds us what we have in common and that we all benefit from public safety. She said she is sorry for what happened to Bryan Bangs and his family and hopes nothing happens like this again in this community Ms Chock supports the resolution and offered to take a collection from the members of the Legislature for the fund that has been set up for the Bangs family Mr. Robison announced a benefit for the Bangs family would be held on August 15th at Lakewatch Inn. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, law enforcement and emergency services personnel have jobs that are unlike any other, and WHEREAS the work is a 24/7 operation that often impedes on down time and family time, and WHEREAS, the work of law enforcement and emergency services personnel is often dangerous, life-threatening, and challenging, and WHEREAS, on the other hand the work is rewarding in that such personnel serve as role models, mediators, conciliators, mentors, arbitrators, and friends in sharing wisdom, advice, and support to help individuals resolve conflicts amicably, and WHEREAS, it takes special people to want to do such jobs and risk their lives everyday to protect and serve the residents of Tompkins County, as affirmed by the oath when they were sworn in, and WHEREAS, Tompkins County residents are lucky to have such highly skilled and professional law enforcement and emergency services personnel protecting their well-being and rights and human beings, and WHEREAS, recently in Tompkins County there was a violent attack of arson on Sergeant Bryan Bangs of the Ithaca Police Department, which destroyed his home and threatened his life, and WHEREAS, we are thankful that Sergeant Bangs is alive and that his family was not physically harmed in the incident, and WHEREAS, we express deep disappointment, concern, and abhorrence at such a cowardly attack on one of our respected law enforcement personnel and about such acts of violence in Tompkins County in general, and WHEREAS, we support the fair, responsible, and respectful investigation of this criminal act against Sergeant Bangs and support the full prosecution of whomever is found to be responsible to the extent that the law allows, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Public Safety Committee and the entire Tompkins County Legislature express our support for Sergeant Bryan Bangs and offer any resources necessary within our authority to aid in the full investigation of this criminal act against him and his family, and the prosecution of those found to be responsible, RESOLVED, further That the Tompkins County Legislature reiterates its full support for all law 255 July 20, 2010 enforcement and emergency services personnel for the stellar work they do, especially at this time of heightened concern for their safety, RESOLVED, further, That the Tompkins County Legislature condemns any acts of violence against law enforcement and emergency services personnel and calls upon all residents of Tompkins County to support and respect the work of these personnel and to work together to build more cordial relationships among citizens and between citizens, law enforcement and emergency services personnel, RESOLVED, further, That the Clerk of the Legislature shall forward a certified copy of this resolution to Sergeant Bryan Bangs. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee RESOLUTION NO. 112 - RESOLUTION APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY DEVELOPMENT CORPORATION OF UP TO $16,500,000 AGGREGATE PRINCIPAL AMOUNT TAX-EXEMPT REVENUE BONDS (CAYUGA MEDICAL CENTER AT ITHACA, INC., PROJECT), SERIES 2010 MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York (the "County"), has been advised by the Tompkins County Development Corporation (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Cayuga Medical Center at Ithaca, Inc., a New York not-for-profit corporation (the "Company") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax -Exempt Revenue Bonds (Cayuga Medical Center at Ithaca, Inc., Project), Series 2010, in an aggregate principal amount not to exceed $16,500,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of the payment, reimbursement, and/or financing of existing indebtedness incurred by the Company for the purpose of financing (A) the acquisition and installation of certain equipment including, but not limited to, percutaneous coronary intervention (PCI) equipment at the Company's approximately 2,100 square -foot PCI center and cardiology equipment and pharmacy equipment, all throughout the Company's existing approximately 37,000 aggregate square foot hospital facilities at 101 Dates Drive, 310 Taughannock Boulevard, and 10 Arrowwood Drive in Ithaca, New York, and at 1129 Commons Avenue, Cortland, New York (collectively, the "Imaging Equipment"); (B) the construction and equipping of an approximately 3,600 square -foot build -out of the third floor in the Company's existing Island Health Center located at 310 Taughannock Boulevard, Ithaca, New York, to accommodate the Company's Center for Healthy Living program (the "Island Health Center Improvements"); (C) the reconstruction, renovation, and redesign of the approximately 275 square -foot reception area in the existing Ithaca Center for Pain Management and Sleep Disorders Clinic and the renovation of the approximately 3,800 square -foot cardiology unit located at 101 Dates Drive, Ithaca, New York (the "Dates Drive Improvements" and, together with the Island Health Center Improvements, the "Improvements"); (D) the acquisition and installation in and around the Improvements of certain items of equipment and other tangible personal property (the "Equipment", and collectively with the Imaging Equipment and the Improvements, hereinafter referred to as the "Facility"); and (E) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "Project Costs"), and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended (the 256 July 20, 2010 "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and WHEREAS, on June 25, 2010, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on June 25, 2010, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, and by the Legislature of Tompkins County, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(f) of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Legislature hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 113 - ACCEPTANCE OF GRANT FROM THE PARK FOUNDATION FOR A PLANNER TO WORK WITH MUNICIPALITIES ON REDUCING THE IMPACTS OF NATURAL GAS DRILLING MOVED by Ms. Mackesey, seconded by Ms. Chock. Ms. Mackesey spoke of limited resources available to municipalities and the difference this position can make. This is a County issue and urged her colleagues to support this. Mr. Dennis called attention to a letter distributed to Legislators from Elizabeth Thomas, Town of Ulysses representative to the Council of Governments. He spoke in support of this resolution and noted it is impressive that the Park Foundation sees this as an important position. Mr. Lane said he agrees that these kinds of general planning ideas need to be spearheaded by the County because small municipalities do not have the resources. He spoke of the financial commitment by the County and said there will be many difficult choices the Legislature will have to make in the upcoming budget season, but believes this needs to be done. It will be important that the person hired to fill this position is aware that this is a one-year position. Mr. Marx said the person would be made well aware that this is a one-time funded position. 257 July 20, 2010 Mr. Proto questioned who would provide oversight to this position. Mr. Marx said the Planning Department will oversee the position but the person will be assigned to work with the Tompkins County Council of Governments (TCCOG) committee that is working on these issues. Mr. Proto asked if agriculture regulations would be reviewed by this person. Mr. Marx said if it is relevant to the work the committee is doing that could be looked at but it will depend on the direction given by the committee. Mr. Marx will provide progress reports to the Planning, Development, and Environmental Quality Committee on what the person is working on. Ms. Pryor said she shares Mr. Lane's concerns and does not question whether this is a worthy and important cause. She also said she does not believe a year would be long enough for this position and asked if the Legislature would be asked next year to continue this position. As much as she believes this work needs to be done she is not convinced this is the way it should be done. Mr. Marx said they applied for Park Foundation to fully fund this position and they came back with this award; he clarified this is intended as a one-time position. Mr. Stein said he will vote in support of this because of the importance and urgency but hopes TCCOG can take up the issue of how they are gong to take care of these decisions in the future and come up with a formula that does not overburden each other or the County. It's important that they realize that this person will be addressing a municipal issue but hopes the members of TCCOG understand that they should share in this and fine a mechanism for doing so. Ms. Mackesey said this is the time we should be doing this and said permits could easily be being issued this year. This is not something that could be put off and thinks it is beyond anything any of us have experienced. It is in the County's interest to do this and said gas drilling knows no boundaries in terms of municipal lines. Mr. Dennis said in this case the County can lead or respond. He spoke of the municipalities to the south that did not lead and are experiencing a lot of problems. He said this is an issue that Tompkins County will be facing for a very long time. Ms. Robertson agreed and said she has never seen an issue such as this that Tompkins County taxpayers have uniformly agreed to that needs attention. Ms. Chock spoke in support of this resolution and the wide -range of impacts gas drilling with have on County residents. She believes this investment now will save hundreds of thousands of dollars in the future. Mrs. McBean-Clairborne thanked whoever worked on this for the forward thinking that went into this; however, she acknowledged the budget implications and the concern of any ongoing funding request would cause. Ms. Herrera said she disagrees with the urgency this has been brought forward with although she agrees a strong case has been made to support this. Much of the beauty of this region is dependent on the wildlife and the water. The Planning Department has a long history of building consensus in very difficult situations and providing oversight. She spoke of her faith in the Planning Department in keeping the Legislature updated about this. Mr. Proto said he did not support this in committee because of concern his over Rollover. He questioned whether this had to be a County employee or could be an individual contracted with that would not have the associated fringe expenses. Mr. Marx said the grant was applied for with the understanding the position would be physically located and supervised within the Planning Department. Mr. Robison said he supports getting out ahead of an issue that will likely have a significant impact on many services and residents of the County. He asked if there is any way to negotiate with the companies on the impacts. Ms. Robertson spoke of studies provided by Dr. Them that showed there is a 5- to 1 0 -year delay between when the impacts of drilling are felt by the community, and when any new revenues are paid by the companies. 258 July 20, 2010 It was MOVED by Mr. Burbank, seconded by Mr. Shinagawa, to Call the Question. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Chock), Excused — 1 (Legislator Kiefer). THE QUESTION WAS CALLED. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County submitted a grant request to the Park Foundation to provide partial funding for a full-time Planner for one year to work directly with interested local governments to implement measures to minimize the negative impacts of gas drilling on their local residents, infrastructure, and natural resources, and WHEREAS, the proposed Planner position would: • Compile a list of effective best practices for local governments to address the impacts of gas drilling activities. • Provide direct assistance to local municipalities in Tompkins County to implement best practices. • Establish a tracking system to keep local government officials informed of gas drilling applications. • Provide technical support to the Tompkins County Council of Government's Gas Drilling Task Force. WHEREAS, the County has been awarded grant funds from the Park Foundation for this purpose, and WHEREAS, the Department of Planning is prepared to house and support this position, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That the County hereby accepts Park Foundation Grant funds in the amount of $50,000, RESOLVED, further, That the following adjustments be made to the 2010 Budget: Revenue: 8027.42070 Contributions from Private Agencies $20,000 Appropriation: 8027.51000590 Planner $14,235 8027.58800 Fringes $ 5,765 RESOLVED, further, That the following transfers be made to the 2010 Budget: From: 8020.54442 Professional Services $ 2,021 8020.54442 Professional Services $ 819 To: 8027.51000590 Planner $ 2,021 8027.58800 Fringes $ 819 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -21 RESOLUTION NO. 114 - MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 115 OF 2010 MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members. RESOLUTION ADOPTED. WHEREAS, in Resolution No. 115 of 2010 the County allocates funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection to the Finger Lakes Land Trust for the purchase of a portion of the Berntsson/Millier property (Town of Dryden tax parcel 63.-1-18), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to the action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality 259 July 20, 2010 Committee, That Resolution No. 115 of 2010 is an unlisted action, RESOLVED, further, That the Legislature hereby makes a negative determination of environmental significance in regard to Resolution No. 115 of 2010. SEQR ACTION: UNLISTED (Short EAF on file with the Clerk of the Legislature) RESOLUTION NO. 115 - APPROPRIATING FUNDS FROM THE CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION FOR THE BERNTSSON-MILLIER PROPERTY IN A NATURAL FEATURES FOCUS AREA MOVED by Ms. Mackesey, seconded by Mr. Burbank, and unanimously adopted by voice vote by members. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature established the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection by Resolution No. 217 of 2005, and WHEREAS, the current balance in the Capital Reserve Fund is $46,323, and WHEREAS, the purpose of the Capital Reserve Fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to: • protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan; • preserve and develop recreational trail corridors that cross municipal borders; and • develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents, and WHEREAS, the Program Guidelines for use of the Capital Reserve Fund calls for proposed projects to substantially further at least one of the following objectives: • Protect a stream buffer at least 330 feet in width, • Provide public access to the Cayuga Lake shore, • Protect land that is adjacent to permanently protected open space, • Preserve land on an existing or potential intermunicipal trail corridor, and WHEREAS, the Finger Lakes Land Trust has requested financial support from the Capital Reserve Fund for the purpose of protecting the Berntsson-Millier property (tax parcel 63.-1-18 in the Town of Dryden), and WHEREAS, the Finger Lakes Land Trust has agreed to purchase the Berntsson-Millier property for $2,450 per acre, with exact acreage to be determined by survey, which is fair market value, and WHEREAS, the Berntsson-Millier property • is in a Natural Features Focus Area as designated in the Tompkins County Comprehensive Plan, • is identified as a Priority Protection Area in the Tompkins County Conservation Plan, Part I: A Strategic Approach to Natural Resource Stewardship (2007), • is within the New York State Open Space Plan's Emerald Necklace Greenbelt, • contains a portion of Unique Natural Area 117, Slaterville Wildflower Preserve, • contains 20 acres of wetlands, • encompasses more than 6,000 feet of frontage on Six Mile Creek, and WHEREAS, the Commissioner of Planning and Public Works and the Planning Advisory Board have recommended that the County Legislature authorize funding of the Berntsson-Millier property acquisition from the Capital Reserve Fund, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That a total of Twenty -Five Thousand Dollars ($25,000) in funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection be appropriated for the purpose of securing the Berntsson-Millier property in collaboration with the Finger Lakes Land 260 July 20, 2010 Trust and others, and of providing public access to the tract, RESOLVED, further, That an adjustment be made to the Planning Department budget (A8027.54400 - $25,000), RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or agreements related to this project. SEQR ACTION: Unlisted (Short EAF on file with the Clerk of the Legislature) Recess Ms. Robertson declared recess at 8:59 p.m. The meeting reconvened at 9:10 p.m. Report from Public Safety Committee Mr. Shinagawa, Chair, said Tom Parsons of the Ithaca Fire Department will be coming to the next Committee meeting to talk about what he has learned about the impacts of natural gas drilling on emergency service responders in Pennsylvania. There will also be a review of program impact statements. At a future meeting the Committee will hear a report from the Director of Emergency Response about the County's coverage of alarm systems for private entities. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee would meet July 28th. The subcommittee working on the draft Diversity plan will meeting this Thursday and she hopes to have a copy of the final draft for the next Committee meeting and the Budget and Capital Committee. Report from the Health and Human Services Committee Mr. Proto, Chair, encouraged Legislators to visit Health Department's new location. The Committee met on July14th and had a discussion of the bridge barriers being discussed by Cornell and the City and whether the County should weigh in. Mr. Deluca said the County does not want to see anyone get hurt and supports the City and Cornell coming together to find a solution that would protect individuals. Dr. Them of Guthrie Hospital gave the Committee an update on what to expect from gas exploration on the effects to health and human service agencies in the community. Mr. Proto said Youth Services Director Nancy Zahler explained some of the impacts of the State budget cuts on youth services and Social Services Commissioner Patricia Carey reported an increase in the number of cases her Department is handling. There was also a discussion on what to do with rollover regarding Office for the Aging. He reminded the Committee that two dates have been selected, July 28th and 29th from 3 to 5 to begin review of the program impact forms. He has requested staff to distribute forms to members in advance of that meeting. Report from the Facilities and infrastructure Committee Mrs. McBean-Clairborne, had no report. However, the Committee continues to listen to the residents of Hanshaw Road concerning that construction project. Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on July 8 and received an update on the poor conditions in the Old Library and the programs that are located in that building. The Records Management program is moving quickly on scanning material that is in there and believes they will only need approximately 1,000 square feet in any future location. They are working on a short-term plan for the immediate future at present. Ms. Buechel, Probation and Community Justice Director, provided an 261 July 20, 2010 update on their space needs in the Old Library for the Community Justice Center programs. Mr. LeMaro reported on deconstruction costs for the Old Library as follows: $1.25-$1.5 million for deconstruction; $1 million for demolition. A resolution will be coming to the next Legislature meeting to direct the County Administrator to explore alternatives for space for the occupants of that building. She said no decision was made on the future of the Old Library building at this time. Ms. Chock asked if the committee is going to propose a resolution that there be consideration of whether the Old Library property would be sold. Ms. Robertson said there is no recommendation on what to do with the building or the site at this time. She said there are safety issues with the current building and the county needs to be prepared to deal with an emergency if one should arise. Ms. Robertson continued her report and said staff will be preparing a Project Approval Request form for deferred maintenance that will be presented to the Facilities and Infrastructure Committee for their consideration. The Committee also began discussing a Center of Government building. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on July 19 and reviewed the report on the investigation of the broadband issue. There was a review and modification to some of the recommendations and will now be presented to the Chair of the Legislature with a request for the creation of a committee. The Committee also took up an issue at the request of Legislator Herrera about record- keeping and believes the policy should be reviewed and possibly incorporate the 2005 Record -Keeping Task Force Report. Mr. Lane said he and Ms. Pryor will work with Paula Younger, Deputy County Administrator, on revisions to that and will come forward to the Legislature with a recommendation. A special meeting will be held on August 5th to review program impact statements. The Tompkins County Public Library budget presentation will be July 22 at 7 p.m. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the committee met last week. In addition to items approved this evening, the Committee received a presentation on the 2020 energy strategy report and a resolution will be forwarded to the Legislature for consideration in August. Report from the 2010 Complete Count Census Committee Ms. Mackesey, Chair, had no report. Report from the Budget and Capital Committee Mr. Dennis, Chair, said the Committee met last week and discussed rollover and will meet again July 26th Mr. Lane commented on Ithaca journal article about Legislators time reporting for the State Retirement System and said he found the article to be fair. Mr. Dennis said he was disappointed the article failed to mention the reason four Legislators did not submit time logs. He clarified that Legislators who did not complete a time log were not required to as they are not in the retirement system. Mrs. McBean-Clairborne also believes the time logs do not reflect the all the hours Legislators spend on County business. Approval of Minutes of June 30, 2010 262 July 20, 2010 It was MOVED by Mr. Proto, seconded by Ms. Chock, to approve the minutes of the June 30, 2010, meeting. Ms. Herrera said she will be voting against the minutes as she is concerned that the minutes can be revised in a way that is not transparent to the public. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused —1 (Legislator Kiefer). MINUTES APPROVED. Ms. Robertson announced a Blood Drive will be held on August 3rd from 3 to 5 p.m. at the Public Library. Adjournment On motion the meeting adjourned at 9:48 p.m. 263 August 3, 2010 Regular Meeting Call to Order Chair Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. (Mrs. McBean-Clairborne arrived at 5:40 p.m.). Excused: 1 (Legislators Kiefer). Announcement Ms. Robertson announced an executive session would be held later in the meeting to discuss real estate negotiations and a personnel matter. Privilege of the Floor by the Public Barry Stein, Executive Director of the Tompkins County American Red Cross, expressed appreciation to Legislators for their interest and continued support. He reported that although there have been significant leadership transitions, and tight budgets, the agency continues to respond to the critical needs of the community and has been successful. The following 2009 accomplishments were highlighted: • The Homeless Services Program has shortened the average length of stay in the shelter by 4 days. • Also in Homeless Services, 95% of the individuals in their preventive services program have been maintained in their own homes without facing eviction. • Eighty-five percent of shelter residents, who were successfully re -housed, did not return to the shelter within a nine month period or longer. • The agency responded to 18 local disasters, primarily fires, and doubled the number of volunteers on their Emergency Services Disaster Action Team. • In Tompkins County, the agency raised over $100,000 for relief efforts in Haiti. • In cooperation with many local organizations and sponsors, the agency collected over 7,000 units of blood to better the lives of 21,000 people in the NY -Penn Region and are the sole provider of blood to Cayuga Medical Center. • In the Health and Safety Program, a grant from the Park Foundation was secured to help subsidize training for day care providers and low-income individuals in life-saving skills. • In the Health and Safety Program over 12 new community partners were engaged to provide workplace training, including a very large contract with Cornell Contract College Facilities. Bethany Schroeder, Executive Director of the Ithaca Health Alliance, submitted the following statement: "Today I speak to you as a member of the Human Services Coalition in representation of the Ithaca Health Alliance and, as I have done in the past, I stand before the Tompkins County Legislature in an effort to report the work and trends of the Alliance's primary charity, the Ithaca Free Clinic. "Since my last brief presentation, the Health Alliance has compiled its statistics related to the Clinic. In 2009, Clinic volunteers completed a total of 2,426 visits, up more than 16 percent from the number of visits in 2008. A comparison of visits between the first six months of 2009 and January through June of 2010 shows that last year, we completed 1,189 visits, whereas during the same period this year we 264 August 3, 2010 completed 1,458 visits, an increase of almost 23 percent. In fact, comparison visits over the four full years of Free Clinic operations show marked increases. Growth of the Ithaca Free Clinic Year Visits Provided New Patients Repeat Patients 2006 861 Not Available 37% 2007 1,880 805 43% 2008 2,091 769 63% 2009 2,426 852 42% "As a result of ongoing growth, the Alliance's Board of Directors has authorized a move to larger quarters. This autumn, we anticipate occupying the former Family & Children's building at 521 West Seneca Street, effectively doubling the space in which we operate and adding 3 exam rooms to the number we now have at our disposal. We hope that additional space with ADA accessibility and some security features on the ground floor in a combination residential and commercial part of town will make the prospect of volunteer time at the Clinic more attractive to area providers. For now, we continue to offer weekly primary care, occupational therapy, acupuncture, chiropractic and herbal care, with the addition of a once -a -month women's health session and pre-employment physicals. We are also pleased to sponsor the HIV case management satellite program from Arnot Ogden Medical Center every Thursday. "As is true of all area non -profits, we struggle to improve our funding, our human resources, and our outreach to those we serve. To this end, we have raised almost $200,000 this year alone, much of which is earmarked for the Clinic. We thank the Tompkins County Legislators for support of this work in behalf of un- and underinsured New York residents, and we extend an open invitation to visit our new space. ,, Privilege of the Floor for Municipal Officials There was no municipal official present. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, reported on the Public Service Commission's hearing regarding a proposed increase in New York State Electric and Gas Corporation's rates. Although only 30 individuals attended compared to the 100 at the first meeting, the message conveyed was that people and businesses cannot afford any kind of increase. Mr. Proto said he was assured that his written comments will be entered into the record and noted there is still time for comments to be submitted. He announced the Tompkins County Farm City Day is on August 14th, 11:00 a.m. — 4:00 p.m., at the Sweyolaken Farm on Bostwick Road. Mrs. McBean-Clairborne arrived at this time (5:40 p.m.). Ms. Pryor, District No. 6 Legislator, announced the Lansing Harborfest will be held on August 14th at Myers Park. Ms. Chock, District No. 3 Legislator, recommended Legislators review the new plans submitted by Mr. Novarr for the proposed development on State Street. Following comments and concerns from residents adjacent to the proposed project the plans were amended, including changing the facade to better fit into the neighborhood. Information on the project is available at the City of Ithaca offices and website as well as at the Ithaca Journal site. Mr. McKenna, District No. 8 Legislator, announced the Newfield Night Out event started at 5:00 p.m. today. 265 August 3, 2010 Mr. Lane, District No. 14 Legislator, reported the Dryden Lake Festival will be held August 14t1 beginning at 2:00 p.m. The event will include music, canoe races, food, vendors, and a firework show. He noted the State Legislature has not yet passed a budget, eight days away from the record of their failure to pass it on time. Ms. Herrera, District No. 5 Legislator, said she is pleased with the Federal injunction against portions of the SB 1070 Arizona law requiring law enforcement agencies to engage in unconstitutional racial profiling. She hopes the other states that had been considering a similar action are discouraged. She announced the Women's Swimming fund-raising event is taking place on August 14th. Swimmers will swim 1.2 miles and proceeds will be used to benefit Hospicare. More information may be found at womenswimming.org. Mrs. McBean-Clairborne, District No. 2 Legislator, announced the National Night Out in the City is also taking place in Ithaca this evening. She noted the event stresses the importance of communities needing to be safe for everyone and that dangerous behavior will not be accepted. She thanked members of the law enforcement community for their support of this event. Office for the Aging — Program Overview, Trends and Issues Lisa Holmes, Director, shared information on services provided by the Office for Aging as well as statistical information used to project future needs of senior citizens in our community. She noted the department's mission is "To assist the senior population of Tompkins County to remain independent in their homes as long as is possible and appropriate, and with a decent quality of life and human dignity." There are twelve departmental programs and eleven contracted programs to meet the mission. She also noted the department has received several grants to fund planning and coordination of new initiatives. At this time there is a collaborative application pending with the Community Health Foundation of Western and Central New York. If accepted the grant will allow an innovative and evidence -based program to prevent falls, which is the major cause of broken bones in seniors. Demographic trends for the years 2000 through 2030 show a projected 36 percent increase in the 60+ -aged population and a 50 percent increase in the 85+ aged population. Ms. Holmes addressed information specific to elder economics in Tompkins County, pointing out that the average annual expenses for a homeowner who is 65, and without a mortgage, is $19,812, with the average Social Security benefits at $14,947. For individuals who require long term care, the average annual expenses range from $24,420 to $62,196, with no additional increase in the $14,947 Social Security income. Statistically, one in four seniors have only Social Security as an income source, and the majority of these are women. Ms. Mackesey said the statistical information shows the importance of Social Security and Medicare, noting without the programs many seniors would not be alive or would be in poor health. She said raiding the Social Security fund for other purposes jeopardizes the fund and should not happen. Ms. Chock suggested discussions take place to develop a "Carshare" system for senior citizens, noting often seniors do not wish to give up their vehicles or are not yet ready to use alternative means of transportation such as Gadabout. Ms. Holmes said the coordinated human service transportation -planning group has had discussions and will be speaking to individuals in Maine who are running a program much like the one suggested. Mr. Lane said some individuals are only receiving $500-$700 per month from Social Security and they experience devastating losses when their spouse passes, reducing income even further. 266 August 3, 2010 In response to Ms. Robertson's request for information, Ms. Holmes said there are changes under Federal Health Care reform that will begin to eliminate the gap in Medicare Part D coverage. When individuals get to the gap level they will receive a check for $250. She stressed the need to inform seniors not to give information out to anyone claiming they need to verify personal information in order to receive the check. Mr. Proto spoke of information that illegal aliens are receiving social security benefits and is concerned that they may not have paid into the system prior to receiving benefits. Chair's Report Ms. Robertson spoke of the New York State Association of Counties (NYSAC) Fall Conference and asked that Legislators inform her or Ms. Fuller by no later than August 10th if they are interested in attending. She reported the Environmental Protection Agency will hold a day -long series of hearings on the effects of fracking on water resources on August 12 in Binghamton. Sara Hess is arranging transportation for those who would like to attend. Ms. Chock said she would be attending and delivering statements from the Water Resources Council. It was noted individual comments could also be submitted electronically. Ms. Robertson announced that Mr. Mareane's name was submitted by NYSAC as a candidate to be considered for the Governor's Office of Indigent Services Board. The Board will review how to best provide legal services to low-income individuals in the State. There will be four nominations from NYSAC presented for consideration with the Governor choosing two representatives. Ms. Robertson has been informed by NYSAC President, Tom Santulli, that she has been chosen to volunteer on the NYSAC Commission on the State Takeover of Medicaid. This Commission's members, representing all areas of the State, will meet on August 10th The Tompkins County Council of Governments is working on cell tower sitings, particularly the area of jurisdiction. They have chosen a law firm to assist in the project. Ms. Robertson said all municipalities are being asked to pay a portion of the cost for the work, which is anticipated to be approximately $1,500 per municipality. She will be bringing a resolution to the Legislature in the near future. Ms. Robertson thanked departments and staff for their efforts in completing the program impact assessment forms and noted they are a wonderful resource that has been well received by the public. Ms. Robertson thanked Ms. Fuller for her work in coordinating the County team for the Ithaca Dragonboat Festival and presented her with a token of appreciation. Report from the County Administrator Mr. Mareane reported the topic of a property tax cap has re-emerged at the State level with both the Senate and Assembly considering action. He has contacted local State legislators and noted the devastating effect it would create for municipalities and schools. Mr. Mareane said pension costs alone would increase the levy 4 percent, the maximum amount that the levy can be raised. The actual cap maximum would be 4 percent or 20 percent more than the CPI. With the current budget constraints the County faces, the 2011 budget is targeted at a 5 percent levy increase, with other reductions in spending. If the cap were in place the County would have to make up an additional $1.5 million, which would be catastrophic. He has sent a letter to New York State Association of Counties asking for support to discourage the State legislature from taking action. Mr. Mareane said the Senate approved the tax cap with a vote of 51 to 8, and the Assembly adjourned without action. Mr. Mareane is working through the 2011 County budget and is reviewing submissions. He noted this year difficult decisions will have to be made. He will continue to report on the status and anticipates Legislators will receive the County Administrator proposed budget on September 7th. He thanked staff and Legislators for the effort in preparing and reviewing the impact assessment forms. 267 August 3, 2010 The County will be holding a public auction on surplus equipment at the Biggs building in the near future. Mr. Lane asked Mr. Mareane to underscore how the property tax cap would do to assist in closing the State budget gap. Mr. Mareane replied there would not be any benefit to the State. Mr. Lane pointed out that the State is working on implementing a tax cap that would hurt towns, villages, cities, and counties, and not passing a budget that closes the State budget gap is shocking. Ms. Robertson noted if the State took full responsibility for Medicaid, the County could actually reduce taxes. Mr. Stein spoke of the Democratic nominee for Governor having sent an e-mail stating he would put a cap of 2 percent or the CPI, whichever is lower, with no limitation on mandates. Mr. Proto noted that a tax cap in California has proven to be disastrous. He then asked about the six-month extension on FMAP. Mr. Mareane said at this time it does not look as though action was being taken, however, since funds are not included in the operating budget it would not adversely affect the County's proposed 2011 budget. He has not heard of any prospect of having the mortgage tax approved in the near future. He is seeking ways to avoid further reductions in non -mandate areas due to the loss of revenue. Ms. Robertson clarified that the 2011 pension increase of 4 percent, combined with the Medicaid increase of 1 percent were in excess of what the tax cap would allow, requiring the County to find $3.5 million within the existing budget to cut. Ms. Chock asked if anyone at the State considered amending taxation levels for higher incomes. She noted the wealthiest one percent of taxpayers in New York pay a much smaller percentage of their income to taxes than the bottom twenty percent. Mr. Mareane is not aware of any discussions on broad- based tax changes; it is all the specialty taxes that are being discussed. Mr. Shinagawa said in the 1980's the richest New Yorkers were taxed 15 percent of their income, now it is 6.8 percent. If it was still the 15 percent rate there would be $20-$30 billion available to close budget gaps and provide property tax relief. The current percentage of 6.8 percent is ridiculous. He said what is happening is not acceptable and that the New York State Senate should be ashamed of themselves and hopes that the Democratic candidate for Governor rethinks his platform. Ms. Mackesey agreed with Mr. Shinagawa's statements and said when speaking to people throughout the area there is a sense that the government is out of touch and has no concept of how their choices impact individual lives. She said the tax cap is detached and it is unbelievable the Senate would consider this type of cap. There is a need for changes in the way government operates and that Assemblywoman Lifton is discussing the need for real tax reform. Report from the County Attorney Mr. Wood did not have a report. In response to a question from Ms. Robertson, Mr. Wood noted the lien on the 55 Brown Road building is due to the faulty tile that originally was contracted for the building. Since the County had to hire a separate contractor the initial contractor/subcontractor/product manufacturer placed a lien. Although there is no question that the product was faulty, the lien is a normal action until it is determined who is responsible for any damages. In response to Ms. Herrera's question about the method being used as a deterrent for the geese present at the Brown Road building, Mr. Wood said he has seen individuals with dogs present to deter the geese. He noted Cornell University is responsible for this expense. Ms. Mackesey said she recalls there is a new program that is looking into reducing the geese population due to the hazards they present to airplanes. Report from the Finance Director 268 August 3, 2010 Mr. Squires was not present. Resolution(s) to be Added to the Agenda There were no resolutions to add to the agenda. Resolution(s) to be Withdrawn from the Agenda There were no resolutions to withdraw from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, 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. 116 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE SIXTH JUDICIAL DISTRICT OF THE NEW YORK STATE UNIFIED COURT SYSTEM It was MOVED by Ms. Herrera, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the Probation Director has been notified of a two-year grant award in the amount of $14,400 from the Sixth Judicial District of the New York State Unified Court System for providing Electronic Monitoring/GPS services to the Tompkins County Sex Offense Compliance Court, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the grant in the amount of $14,400 from the Sixth Judicial District of the New York State Unified Court System for providing Electronic Monitoring/GPS services to the Tompkins County Sex Offense Compliance Court be accepted and that the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2010: BUDGET ADJUSTMENT Revenue: A3141.43389 Other Public Safety Aid $9,000 Appropriation: A3141.54442 Professional Services $9,000 SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Workforce Investment Board Lee Dillon — Community Agency representative; term expires June 30, 2013 Youth Services Board Jane Powers — Village of Cayuga Heights representative; term expires December 31, 2012 Emergency Communications Review and Oversight Committee C. Thomas Parsons — City of Ithaca Fire Department representative - term expires December 31, 2011 269 August 3, 2010 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee had a meeting set for July 28th, however, due to another meeting being scheduled at the same time the majority of members were not present and the meeting was cancelled. Mrs. McBean-Clairborne asked colleagues not to schedule special meetings at the same time as other meetings. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Vice Chair, said the Committee will meet on August 6th. Report and Presentation of Resolution(s) from the Capital Program Review Committee Ms. Robertson, Chair, said the Committee met prior to the Legislature meeting to consider the following resolution. She announced the August meeting is cancelled; the next meeting will be on September 9. RESOLUTION NO. 117 — DIRECTING STAFF TO INVESTIGATE ALTERNATIVE LOCATIONS FOR PROGRAMS CURRENTLY HOUSED AT THE OLD LIBRARY It was MOVED by M. Lane, seconded by Ms. Herrera. Ms. Robertson noted the 2005 resolution relating to disposition of the building as well as portions of the Space Use Master Plan were provided to Legislators for information. Mr. Lane said the resolution indicates the County is moving forward in stages as outlined in the plan. Currently two programs are housed in the Old Library. The Facilities Manager has expressed concern regarding maintenance on the building and noted if emergency repairs were needed to the physical or mechanical portions of the building it would be very expensive. The Committee would like to look at all the options for the building. If the departments temporarily moved to another location it would provide time to make a recommendation regarding the Old Library building. Ms. Mackesey questioned the need for a resolution and noted the Office for the Aging has been seeking a new location as well. If the Space Use Master Plan had indicated finding a new location for programs housed in the Old Library it should be sufficient. Mr. Lane agreed that finding a new location was noted in the plan, however, the resolution is to provide direction to move forward. Mrs. McBean-Clairborne recalled a study being completed several years ago to determine whether to build a records storage facility. She wanted to be certain this work was not overlooked when considering disposition of the Old Library. Ms. Herrera said she served on some of the committees completing the work regarding space needs and this resolution gives staff direction to move forward. Ms. Robertson said the resolution requests staff to consider alternatives and report back to the Committee. Mr. Proto noted the Space Use Master Plan had three priorities: (1) the Health Department; (2) a location for Office for the Aging; and (3) a Center of Government Building. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County currently houses the Records Center and the Community Justice Center in the Old Library, and WHEREAS, the Old Library has significant maintenance needs, but the county has decided that the building is not worth long-term investment and it is prudent to spend only the minimum necessary to keep the building functional, and WHEREAS, a system failure could occur that would require relocation of the Old Library 270 August 3, 2010 programs in a very short time frame, and WHEREAS, it is desirable to be proactive about relocating these programs before there is an emergency, and WHEREAS, the Capital Plan Review Committee has reviewed the 2005 Space Needs Master Plan, which analyzes the needs of the Records Center and the Community Justice Center, and has subsequently discussed an updated summary of staffing and space needs of these programs, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That the Tompkins County Legislature directs staff to investigate alternative locations for the Records Center and the Community Justice Center, for both short-term and long-term relocation, RESOLVED, further, That staff will report back to the Capital Plan Review Committee, which will subsequently make recommendations to the full legislature on any actions to be taken concerning relocation of the Records Center and the Community Justice Center from the Old Library. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane said the Committee has not met. RESOLUTION NO. 118 - AUTHORIZATION TO APPROPRIATE FUNDS FROM CONTINGENT FUND TO PAY FOR ANNUAL MAINTENANCE OF COUNTY CODE — COUNTY ATTORNEY It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, General Code Publishing periodically bills the County to maintain the County Code, and WHEREAS, in past years money has been allocated to the County Attorney's Office to pay this cost, and WHEREAS, the funds were inadvertently left out of the County Attorney's budget for the year 2010 and there are no funds within the County Attorney's budget to pay this cost, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $1,125 TO: A1420.54442 Professional Services $1,125 SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on July 28th and 29th to review the departments program impact assessment forms. He expressed appreciation to depaituients and staff and noted the assessment form is a useful tool. The next regular meeting will be on August 11th and the Committee will also be setting a date for review of agency program impact assessment forms in the near future. The September meeting will be held at the new Health Department Building. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee will meet on August 4th 271 August 3, 2010 Report from the 2010 Complete Census Committee Ms. Mackesey, Chair, did not have a report. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Dennis, Chair, said he has attended several meetings reviewing the program impact assessment forms. Several suggestions have been made on how to improve the form and he believes they will be a useful tool when reviewing the line -item budget. Mr. Dennis expressed appreciation to Department Heads and staff for their efforts. RESOLUTION NO. 119 - AUTHORIZATION TO CONTRIBUTE TO THE RESERVES OF THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM It was MOVED by Mr. Dennis, seconded by Mr. Shinagawa. Mr. Dennis explained the funds being authorized are the County's share for the required reserve to continue the process of providing employee health insurance. He thanked Mr. Mareane, Mr. Barber, and others to clearly show the ability of the municipalities to operate in a manner different than a standard insurance company. The benefit of the Municipal Health Consortium is the savings of premiums. Mr. Stein expressed concern with moving forward, noting the difficult budget season the County is facing and reports of cash flow difficulties. Mr. Mareane explained the Consortium will be able to build structural savings due to the reduced cost of insurance coverage. Additionally, the coverage being provided would be almost identical to the current coverage. The original reserves requested by the State Insurance Department was $2.5 million, however, it was shown a more realistic figure would be the $1.2 million. The Consortium wanted each municipality to provide proportionate amounts to the reserve, which would be $667,000 for the County. Mr. Squires has said the most the County could provide is $500,000 because there will be a lag between when the coverage begins and when claims are submitted, additional funds would be in place. It is estimated the investment would be repaid in five years at three percent interest. The estimated savings is anticipated to be $250,000 per year. In response to Mr. Proto's question, all members of the Consortium have agreed to the contribution to the reserves, with the Town of Caroline, Danby, and Dryden contributing at a higher amount. The other members are going to their appropriate boards for approval. Mr. Shinagawa expressed appreciation to Mr. Mareane, Mr. Barber, and the members of Tompkins County Council of Governments and the Tompkins County Municipal Health Insurance Consortium. In response to Mr. McKenna's question, Mr. Mareane explained the reserve will increase as premiums are paid; it is estimated there would be $4 million in the reserve at the end of the first year. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County shall join the Greater Tompkins County Municipal Health Insurance Consortium for the purpose of providing employee health insurance and prescription drug coverage, and WHEREAS, the Consortium, as required by the New York State Insurance Department, must establish sufficient financial reserves to begin working as a consortium, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Tompkins County shall contribute as listed as Estimated Initial Capitalization in the following table: 272 August 3, 2010 Initial Capitalization County of Tompkins 500,000 City of Ithaca 300,000 Town of Ithaca 137,033 Town of Caroline 37,000 Town of Danby 62,000 Town of Dryden 137,032 Town of Enfield 2,520 Town of Groton 6,305 Town of Ulysses 5,659 Village of Cayuga Heights 18,040 Village of Dryden 6,067 Village of Groton 7,545 Village of Trumansburg 4,535 1,223,736 RESOLVED, further, That the Director of Finance is authorized to make payment immediately to the Consortium from General Fund Fringe Account 9101.58800. SEQR ACTION: TYPE II -20 RESOLUTION NO. 120 - AUTHORIZING THE ISSUANCE OF $1,450,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY A PORTION OF THE COST OF REPAVING ELLIS HOLLOW ROAD It was MOVED by Mr. Dennis, seconded by Mr. Lane. Mr. Dennis said the bonding is for the additional funding required for the $2.1 million project. It was explained the reason to bond is done to maintain a certain level of projects each year. If the entire project were bonded it could affect credit rating. Mr. Proto noted the cost of bonding had been more expensive than it currently is. In addition, the County has a good rating, therefore, the interest is less. Ms. Chock expressed concern about keeping the same number of highway projects when funding is tight, however, she will support the resolution since the work was previously approved as part of the Highway Divisions long-range plan. A roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County (the "County"), a local agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), ECL Section 8-0101, et seq., and implementing regulations, 6 NYCRR Part 617 (the "Regulations"), having reviewed the impact of a capital improvement project (the "Project") consisting of repaving Ellis Hollow Road, including shoulder and drainage reconstruction upon the environment, previously determined by resolution adopted on July 6, 2010, that the Project constitutes a Type II Action pursuant to Part 617.5(c)(4) of the Regulations and as such is not subject to review under SEQRA, and WHEREAS, it is now desired to authorize the undertaking and financing of the Project, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County Legislature of the County of Tompkins, New York, (by favorable vote of not less than two thirds of said County Legislature) as follows: Section 1. For the class of objects or purposes of paying a portion of the cost of the Project and all other necessary costs incidental to such work, including preliminary costs and costs incidental thereto and the financing thereof, there are hereby authorized to be issued $1,450,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $2,105,000 and that the plan for the financing thereof is by the issuance of up to 273 August 3, 2010 $1,450,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years under subdivision 20(c) of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Director of Finance, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Director of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Director of Finance, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Director of Finance. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Director of Finance shall determine. Section 9. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the 274 August 3, 2010 bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE II -2 RESOLUTION NO. 121- BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT FUNDS FROM 2009 TO VARIOUS ACCOUNTS It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. Mr. Proto noted some requests were for very small amounts and asked if there was a sense of why they were made. Mr. Dennis said that he believes it is time to discuss the rollover policy and will have discussions in upcoming meetings. A brief discussion followed during which it was noted that action was only taken on 2010 requests. Mr. Mareane said it was a much more stringent use of certified rollover than previous years and spent only what was necessary. Mr. Lane said he will not support the resolution stating with the current discussions at the State and local level there is a need to stop spending. While he appreciates the careful consideration by Department Heads and Mr. Mareane for purchases using rollover he does not want to spend the funds. Mr. Stein said he is also concerned about spending; however, if the County Administrator reviewed the requests and recommended them he will support the resolution. Ms. Pryor said she will not support the resolution. She understands the merit of the policy but would prefer to postpone action until the full impact of budget is known. In response to her question on the Board of Elections request for funding, Mr. Mareane said when preparing the 2010 budget the possible costs associated with a primary were not included. Although the Board of Elections could submit a contingent fund request a decision was made to request the funds through the use of rollover funds. He also noted that the total amount requested is a small portion of the $1 4 million saved in 2009 and that no rollover savings from personnel lines were available to departments. Ms. Mackesey is sympathetic with what Mr. Lane's concerns are regarding financing, however, she believes it is too short of a notice to department heads that it would not be available. She said she will support the resolution and suggested further discussions be held on the future of rollover funds. Mr. Proto agreed with Ms. Mackesey. Ms. Chock shared Ms. Pryor and Mr. Lane's concerns, however, she believes the requests were carefully reviewed. She noted the use of rollover funds for scanning records would reduce the need for a storage building. 275 August 3, 2010 A short roll call on the resolution resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Kiefer), Temporarily Out of Room — 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2009 resulting in a surplus of $1,411,695 on the County's books as of December 31, 2009, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $172,650 current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services, the Planning, Development and Environmental Quality, the Government Operations, and the Budget and Finance Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance TO: Department Weights and Measures Office for the Aging Board of Elections County Clerk County Administration Planning Department Assessment Probation and Community Justice Use of Funds For use to purchase vinyl face seals for weights and measures devices that have passed the testing procedure. Funds would be applied to the EISEP program to purchase needed hours of home care for frail elderly clients, in order to make up for an internal accounting discrepancy in County funding for the EISEP program in 2010. This will help to address the waiting list of 29 clients for the EISEP program. Funds needed for Primaries held in September 2010. Scanning permanent records at records center (Challenge Industries is vendor) Scanning permanent/vital records for various County Departments (Challenge Industries is vendor) Fund the department's reorganization. Requesting to use rollover in lieu of requesting $20K replacement pay from the Contingent Fund. Web Development Software Upgrade Match Park Fdn. Grant for municipal support planner New Computer for Tax Mapping Maintenance Transition Electronic Monitoring Services (Cellular Technology based) Two AT496AV Configurable HP Compaq 6005 Pro Small Form Factor PC 276 $120,915 Account Requested Rollover 3630.54400 $1,300 6780.54491 1450.54400 1410.54442 $12,697 $13,739 $50,000 1410.54442 $23,096 1230.51000316 $7,900 1230.58800 $3,200 1988.52230 $719 8020.51000590 $2,840 1355.52206 $1,357 3141.54442 $2,000 3141.52206 $187 3142.52206 $749 August 3, 2010 Two NM360AA#ABA LA 1905wg, 19" Adjustable Wide Screen Flat Panel LCD, DVUVGA, 3141.52206 $57 1440x900 3142.52206 $227 One Printer 3141.52206 $60 3142.52206 $240 One 8150dn Printer Maintenance Kit 3141.52206 $60 3142.52206 $239 One 4250dn Printer Maintenance Kit 3141.52206 $50 3142.52206 $198 SEQR ACTION: TYPE 1I-20 Mr. Dennis said the schedule for expanded budget meetings will be available soon. The schedule of when each department will be present will be developed at a later date. The next Committee meeting is scheduled for August 9th Report from the Public Safety Committee Mr. Shinagawa, Chair, said the Committee met on August 2nd. There was discussion on the proposal from the Governor's Office on Indigent Legal Services. Deputy Fire Chief, Tom Parsons, spoke of the need to take a proactive approach to emergency preparedness planning, particularly with the gas drilling issues. The Committee completed their program impact assessment reviews. Ms. Buechel, Probation Director, gave an update on recidivism information. It used to require a fee to obtain the information and she has been working on getting the fee waived to be able to review the databases. The Committee also acted upon resolutions from the District Attorney's Office for expenses that occurred from high-profile cases and from the SPCA for $17,500 for costs of upkeep of animals. Mr. Proto noted the actual cost to take care of the animals was over $45,000. Member -Filed Resolution(s) RESOLUTION NO. 122 - URGING THE STATE OF NEW YORK TO RESOLVE THE ISSUES OF VIDEO LOTTERY TERMINAL OPERATIONS AT AQUEDUCT RACE TRACK; TO MAKE PRESCRIBED STATUTORY MANDATED PAYMENTS TO NEW YORK RACING ASSOCIATION; AND TO ENSURE THAT OFF TRACK BETTING HONORS ITS FINANCIAL OBLIGATIONS TO NEW YORK RACING ASSOCIATION It was MOVED by Mr. Proto, seconded by Mr. Dennis. Mr. Proto said it may incorrectly appear that the resolution provides the "illusion of gambling", and that he has heard concerns and questions regarding the matter. He noted the Agricultural and Farmland Protection Board reviewed the resolution and although they could not take action due to lack of quorum, had voiced support due to the impact this has on the equine industry in the County. The resolution is not being presented on behalf of the New York Racing Assoc iation, rather it is to ask the State to honor its agreement. Although it would be funded through the video lottery machines, the revenue would be placed in a fund that provides funding outside of the racing industry. It was MOVED by Mr. Stein, seconded by Mr. McKenna, to table the resolution indefinitely. Mr. Stein began stating his reasons, however, the Chair ruled that as outlined in the Rules of the Legislature, a motion to table indefinitely is not debatable. A voice vote on the motion to table indefinitely resulted as follows: Ayes — 4 (Legislators Chock, Lane, McBean-Clairborne, and Stein); Noes — 10; Excused — 1 (Legislator Kiefer). MOTION FAILED. 277 August 3, 2010 Mr. Stein said he will not support the resolution until he obtains more information. The resolution only shows one side of the issue and he would like to be fully informed before voting. He has called the Governor's office but has not had a return call. He also spoke of two New York Times articles that caused concern and shared general information on them. Mr. Lane asked if it would be possible to delay action and whether there is any consternation about financing through gambling in New York State. Mr. Proto responded the State had already approved the video lottery terminals as part of the agreement; although the Governor awarded the bid in the spring it was not approved by the House and Senate due to questions about the firm. He has followed a report regarding the $25 million loan against the Video Lottery Terminal proceeds and State Comptroller DiNapoli is working on the concerns, however, in the interim the New York Racing Association is having to absorb additional expenses. It was MOVED by Mr. Burbank, seconded by Mr. Stein, to postpone action on the resolution until August 17, 2010. A voice vote on the motion to postpone resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Kiefer). MOTION TO POSTPONE CARRIED. WHEREAS, the State of New York awarded the franchise to operate thoroughbred horse racing in the state to the New York Racing Association (NYRA) for twenty-five years in 2008, and WHEREAS, NYRA fulfilled all of its duties under the franchise agreement, including the conveyance of substantial properties at Aqueduct, Belmont, and Saratoga Race Courses to the State of New York, and WHEREAS, as part of the Franchise agreement, New York State agreed to operate Video Lottery Terminals (VLTs) at Aqueduct Racetrack, and WHEREAS, the Franchise agreement stipulates that in the event that VLTs were not operational by March 31, 2009, New York State would provide NYRA with payments necessary to support racing operations, as well as negotiate with NYRA for the necessary funds to make Capital improvements at all of its tracks, and WHEREAS, New York State recently approved a $25 million dollar loan to NYRA so racing could continue at New York State tracks for 2010, with loan repayment to come from VLT proceeds, and WHEREAS, the continued fiscal troubles of New York City Off -Track Betting (OTB) has caused it to default on $15 million in fees owed to NYRA, and WHEREAS, since VLTs are not operational, NYRA runs the risk of running out of operating revenue by the end of 2010, therefore putting the State's Horse Racing industry at risk, and WHEREAS, Tompkins County recognizes the importance of Thoroughbred Racing to our State's economy, impacting 400 farms occupying 43,000 acres of green space, employing over 35,000 individuals across 50 counties, and contributing $2.4 billion to the State's GDP, and WHEREAS, the 2007 Equine Survey shows that horse industry sales alone contributed approximately $2 million to our $50 million Tompkins County agricultural economy, and additionally impacts local jobs, taxes, tourism, boarding, feed and crop sales, equipment, retail, and the hospitality areas, and WHEREAS, the loss to New York State revenue, and OTB surcharge fees, of $1 million per day should not be sustained any longer as it goes to our neighbors in New Jersey, Pennsylvania, and Canada, now therefore be it RESOLVED, That the Tompkins County Legislature does hereby urge the State of New York to resolve the issue of VLT operations at Aqueduct, as promised in the franchise agreement, without delay; to make its prescribed Statutory payments to NYRA to enable the continuation of racing at the three tracks; and to assure the continued viability of New York City OTB, so that it can make its statutory payments to NYRA, RESOLVED, further, That the Tompkins County Legislature forward a copy of this Resolution to the Governor of New York State, all members of the New York State Senate and Assembly, The Nassau County Executive, the Queens Borough President, the President of the New York State Racing Association, the Executive Director of the New York State Thoroughbred Breeders Association, and Jean T. Griffiths, Extension Horse Specialist, Cornell Cooperative Extension. 278 SEQR ACTION: TYPE 11-20 August 3, 2010 Approval of Minutes of July 6 and 20, 2010 It was MOVED by Mr. Proto, seconded by Ms. Pryor, to approve the minutes of the July 6, and July 20, 2010, meetings. Ms. Herrera made the following statement for the record. "I won't be voting in favor of these minutes. I am concerned on interpretation of the minutes policy that may lead to perceived ethics violations actual ethics violations due to a lack of transparency in the proposed or perhaps adopted process. The fact there is no way for any of us really to tell what changes may have been made and the fact that it is such an amorphous policy troubles me greatly and I believe that it needs to be dealt with immediately. Therefore, because of the problems with serious matters that we discuss and are recorded in our records I will be voting no on both of these minutes." A voice vote to approve the minutes of July 6, and 20, 2010, as corrected, subject to review of the recording. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 8:22 p.m. The meeting reconvened at 8:30 p.m. Executive Session It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss real estate negotiations and a personnel matter. An executive session was held at 8:30 p.m. and returned to open session at 9:00 p.m. Adi ournment On motion the meeting adjourned at 9:00 p.m. 279 August 17, 2010 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Mr. Shinagawa arrived at 5:33 p.m. and was excused at 7:00 p.m.; Mrs. McBean-Clairborne arrived at 5:36 p.m. Excused: 1 (Legislator Robison). Request for Executive Session Ms. Robertson requested an executive session to discuss personnel matters and litigation to be held later in the meeting. Privilege of Floor by the Public Jeff Lydon, Executive Director of the Community Dispute Resolution Center (CDRC), said the Agency's mission is to cultivate constructive responses to conflict. They have been headquartered in Ithaca since 1993 and serve Tompkins, Schuyler, and Chemung counties. Mr. Lydon said as a non-profit partner with the New York State Unified Court System they provide State -mandated mediation services, as well as youth programming services. They provide a wide range of mediation services that include such things as: custody and visitation, placement, neighbors in dispute, lemon -law cases, agricultural cases, workplace disputes, small -claims court cases, special education matters, elder -care conflicts, disputes between teens and their parents, and bullying cases in schools. Mr. Lydon said because of the support they receive, such as the County's, they have been able to serve over 60,000 people who were in conflict. They have mediated over 20,000 cases, trained 2,500 people in mediation, and have taught 2,000 people how to cope with conflict. He said one reason why the State mandates these services is because State lawmakers know these services save the taxpayers money. He said Albany sees the CDRC program in Ithaca as a model program. In a recent survey comparing other similarly funded State mediation services, the program in Tompkins County ranked first in all six areas measured. Mr. Lydon distributed information about the program and invited any Legislator to contact him with questions. Mr. Shinagawa arrived at 5:33 p.m. Olan Mack, Executive Director of the of Southside Community Center for the last five years, said the Center is appreciative of the County's funding it has received for four of those five years. Over the last four years the Center has grown and has become more active and is viewed as a hub for the community He described some of the activities and services that have taken place at the Center, such as the Juneteenth celebration, Kwanzaa celebration youth music studio, computer lab, youth food program, family food pantry, and a senior shopping program. Mr. Mack welcomed members of the Legislature to visit the Center. Mrs. McBean-Clairborne arrived at 5:36 p.m. Christa Bissell, Pine Tree Road resident, spoke of a proposed road construction plan for a bicycle and pedestrian path for the area going from P&C out to Route 366 that also incorporates the heightening of a bridge overpass. Ms. Bissell said the plan to increase the height of the bridge to allow larger truck 280 August 17, 2010 traffic to travel on the road will negatively impact this strong residential area. She spoke to statements contained in the Town and County records that she believes to be inaccurate. She referred to a statement that there would be no controversy for this proposal and said she believes that statement to be truly only because residents were not made aware of the project. She also disagreed with a statement made at a Town Neighborhood Focus meeting. At that meeting, which she does not believe residents were made aware of, it was stated that homes on Pine Tree Road are primarily occupied by graduate students. She said this is an inaccurate statement and stated out of the 49 homes that are in her residential district, there are three that are not owner -occupied. She also said the average occupancy for the residents who live there are 19 years. Distinguished Youth Award Mr. Burbank, District No. 12 Legislator, presented the August 2010 Distinguished Youth Award to 17 -year-old Marley Bialke of Enfield, an incoming senior at Ithaca High School. Marley was recognized for outstanding service as an apprentice in SewGreen's summer youth program. She was described as "a responsible and kind individual who is always ready to help others" who "has embraced every challenge with enthusiasm and excellence." In a letter of nomination, SewGreen Coordinator Wendy Skinner called Marley "truly exceptional." "It is unusual for a teenager to have such a positive influence on those around her, and to always be available for greater challenges," Skinner stated. "Her wisdom and good judgment are beyond her years" and praises her as "a model citizen...a joyful learner, teacher, friend, and helper." Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, announced on August 26th at 9:30 a.m. she and Assemblywoman Lifton will be holding a news conference at the Bernie Milton Pavilion on the Commons to celebrate the 90th Anniversary of Women's Sufferage. At that time they will list all of the 42 elected officials in Tompkins County who are women. She said it is important to acknowledge this important anniversary for all women in the country. She noted the percentage of elected officials in Tompkins County is significantly higher than in the New York State Senate, which is currently 16 percent. Ms. Chock, District No. 3 Legislator, reported she attended an all -day session on a program called "FracTracker" a geographic information system that is accessible online. It is a program that has the ability to show geographical representations when data are entered onto the map. She said she hopes to have an opportunity at a future meeting to show this to the full Legislature. The website is fractracker.org Mr. Proto, District No. 7 Legislator, thanked Legislators Lane and Pryor for attending Farm City Day at Sweylaken Farm on Bostwick Road this past weekend. He said it was a wonderful day and was attended by over 1,000 people. Mr. Proto also reported the Watchfire at Myers Point in Lansing will begin at dusk on September 17th. Mr. Proto announced he has been confirmed as a member of the Blue Ribbon Task Force and Commission on the Future of Farming in New York State; Ms. Pryor is the alternate. He said the Task Force met on August 12th in Seneca Falls. The goal of the Task Force is to provide the Governor with a report at the NYSAC (New York State Association of Counties) Conference in September that will highlight the importance of agriculture in Tompkins County. The report will place an emphasis on dairy, along with wine, vegetable crops, grains, and a myriad of agriculture endeavors throughout the State. The Task Force will be meeting again prior to the NYSAC conference. Mr. Burbank, District No. 12 Legislator, reported last Saturday there was an incident that was initially thought to be a major security situation at Ithaca College but ended up being a hoax. He spoke of the emergency alert that was issued. He said although it was a powerful message, it didn't contain 281 August 17, 2010 information on what was happening or where someone could get additional information. Mr. Burbank said he was informed this was the first time the alarm system was used and the Department of Emergency Response will be working with people at Ithaca College on developing a procedure for people to obtain more information quickly. Mr. Dennis, District No. 15 Legislator, announced the Trumansburg Fair will take place the last week in August and those traveling to the Fair will enjoy the resurfacing of Route 96. Mr. Dennis also announced the Trumansburg Farmer's Market is open Wednesday evenings from 4 p.m. to 7 p.m. Mr. Lane, District No. 14 Legislator, reported on the Farm City Day and said it was impressive again this year, particularly the number of children who were in attendance. Mr. Lane said there have been a record number of festivals in Tompkins County this year; he gave credit to the volunteers who organize these events that people enjoy and that help keep spirits up at a time when the economy is not as good as it should be. Ms. Pryor, District No. 6 Legislator, also thanked the volunteers in Lansing who put together a wonderful Harbor Festival. She agreed with Mr. Lane's comments about how a community can come together and by volunteerism can show the best of itself through various festivals. Ms. Robertson, District No. 13 Legislator, reported on a canoe race she participated in over the weekend between the Dryden Democrats and the Dryden Republicans. Ms. Herrera, District No. 5 Legislator, reported a couple of community town hall meetings have been held. A third will be held on August 19 at 7 p.m. at Cooperative Extension. She said there will be discussion of the 2011 County budget, the constraints, challenges, and the framework for this year. She invited everyone to attend this informational meeting that is also being sponsored by Fall Creek Neighborhood Association. Presentation — Tompkins County 2020 Energy Strategy by Katie Borgella, Planning Department Mr. Marx, Commissioner of Planning and Public Works, said this Strategy was developed as a result of the County's Comprehensive Plan that established a long-term goal of an 80% reduction in greenhouse gas emissions by 2050. The Plan also states that an interim goal and strategy to get there should be established. The presentation outlined what can be done to achieve a 20% reduction by 2020. At this time Ms. Borgella presented the Legislature with a PowerPoint presentation outlining the strategy to cut emissions by 277,512 MtCO2e (Metric tons of carbon dioxide equivalent). The strategies in the presentation included a total of 290,691 MtCO2e, which is five percent over target. She said there will be heavy reliance on the higher education institutions to make up almost half of the emissions reduction. The presentation outlined ten local measures that make up a quarter of the reduction, 19% from the State, some from federal, and the remainder from other community measures. A copy of the full presentation is on file in the Planning Department. Report from the Chair Ms. Robertson announced Andrew Cuomo, Attorney General candidate, will be speaking at the Women's Community Building at 11 a.m. on August 19th. Ms. Robertson reported on the NYSAC Medicaid Task Force she serves on that is examining the State takeover of Medicaid. She said a meeting was held on August 10 in Albany and she will be chairing the subcommittee on service delivery. She said the Commission was created in response to legislation that was passed and signed into law this year that says the Department of Health is required to come up with a plan by November 30 for the State to take over the administrative cost of Medicaid. That plan would begin to be administered by April 1, 2011. Ms. Robertson said she met with Patricia Carey, Commissioner of Social Services, and Tom Herden, Director of Administrative Services, prior to the meeting in Albany. They provided information about 282 August 17, 2010 how this proposal would cost counties more and when she attended the meeting several others in attendance had also made the same conclusion. The Task Force has set a goal to put together a report by early October that outlines concerns, recommendations, and ways counties are willing to work with the State as this plan develops. Ms. Robertson briefly reviewed notes from the various subcommittees of that Task Force. Report from the County Administrator Mr. Mareane reported on the preparation of the 2011 County Budget. He spoke of the importance of the Program Impact Assessment forms. He said they will help the public in learning how tax dollars are spent and also provide an understanding of the difficult decisions the Legislature will have to make. He reported on the adopted State budget and said staff is still analyzing the impact. He doesn't think the situation with State Aid is catastrophic, but noted Tompkins Cortland Community College has taken one of the hardest hits. He reminded Legislators that one of the crucial ways the County can regulate spending is to control the filling of positions. He also noted department heads have been very cautious in filling positions that have become vacant. 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 reported a sale will take place next week of the Biggs B building; last week there was a sale of the contents that had 20 registered bidders. He noted a substantial amount of furniture and chairs were diverted from the landfill. He reported the County received notice that the Town of Enfield has elected to take their sales tax in 2011 as a credit rather than a cash payment. He said the importance of this is that the sales tax, rather than their share being paid out to the Town as it is received, will be applied against the tax levy. He said in 2011 the County's tax rate in the Town of Enfield will go down dramatically but the Town tax rate for the Town budget will go up. Towns usually elect to take sales tax payments directly; this drives down the town rate and increases the County rate. He noted it will not impact the overall tax. Mr. Squires reported a note sale will be held on September 8 to provide the cash-flow financing for the Ellis Hollow Road project and the Computer Aided Dispatch program update. He reported he has received a draft of the 2009 financial statements and requested the Audit Subcommittee meet after the Budget and Capital Committee on August 23rd. He noted the Fund Balance has remained stable compared to the prior year. Resolution(s) Added to or Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda at this time. Later in the meeting the following resolution was withdrawn: Urging the State of New York to Resolve the Issues of Video Lottery Terminal Operations at Aqueduct Race Track; to Make Prescribed Statutory Mandated Payments to New York Racing Association; and to Ensure that Off Track Betting Honors Its Financial Obligations to New York Racing Association (DOC ID: 2137). Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION 2010-123: AMENDING MEMBERSHIP OF THE WATER RESOURCES COUNCIL (DOC ID: 2138) 283 August 17, 2010 MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Water Resources Council (WRC) was established by Resolution No. 181 of 1997, and the membership of the WRC was restructured by Resolution No. 57 of 2000 which created nineteen voting members, including an Economic Development seat, and WHEREAS, the membership of the WRC was expanded by two At -Large voting seats by Resolution No. 211 of 2000, and terms were changed from two years to three years by Resolution No. 49 of 2001, and WHEREAS, the WRC conducts an annual membership campaign and occasional special campaigns, and has had no candidates approved for the Economic Development Seat since it was vacated in 2004, and WHEREAS, the Nominating/Membership Committee of the WRC examined options for this seat and recommended that the seat be changed from an Economic Development seat to an At -Large seat, to be filled with a person with expertise in a field appropriate to the Mission of the WRC, and that recommendation was approved by the WRC at its meeting on July 19, 2010, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Economic Development seat of the WRC is changed to an At -Large seat. SEQR ACTION: TYPE II -20 RESOLUTION 2010-124: FUNDING OF COMMUNITY CELEBRATIONS GRANTS (DOC ID: 2134) MOVED by Mr. Burbank, 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 community celebrations using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has 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 Lansing 2010 Lansing Harbor Fest $1,200 Town of Ithaca Rededication of Veterans' Cemetery $ 300 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 2010-125: BUDGET ADJUSTMENTS - TOURISM PROGRAM (DOC ID: 2130) MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That the Director of Finance be directed to make the following budget adjustments on the County's books: REVENUE: A908 Room Tax Fund Balance $88,000 APPROPRIATION: 6475.54400 Program Expense - Festivals Outreach $10,000 6475.54621 Community Arts Partnership $ 8,000 6475.54625 Tourism Capital Grants $10,000 284 August 17, 2010 6475.54626 Tourism Marketing & Advert Grants $15,000 6475.54628 New Tourism Initiative Grants $30,000 6475.54632 Tompkins County Chamber - Convention & Visitors Bureau $15,000 RESOLVED, further, That the County Administrator or his designee is authorized to sign all contracts and documents related to the non -grant appropriations. SEQR ACTION: TYPE II -20 RESOLUTION 2010-126: SCHEDULING A PUBLIC HEARING ON THE 2011 TOMPKINS COUNTY BUDGET AND THE 2011-2015 TOMPKINS COUNTY CAPITAL PROGRAM (DOC ID: 2159) (A MOTION WAS MADE TO AMEND THE DATE OF THE PUBLIC HEARING TO NOVEMBER 8, 2010, ON OCTOBER 19, 2010) MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the tentative 2011 Tompkins County Budget and the 2011-2015 Tompkins County Capital Program are scheduled to be adopted on November 16, 2010, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers, located at 320 North Tioga Street, Ithaca, New York, on Wednesday, November 3, 2010, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2011 Tompkins County Budget and the 2011 - 2015 Tompkins County Capital Program. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda. Community Mental Health Services Board Ellen O'Donnell - term expires December 31, 2010 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on August 11 and discussed the impact of the State Budget on County departments. The next regular meeting will be September 8th. He announced there will be a special meeting on August 31 at 3:30 p.m. to review Program Impact Assessment forms for Human Services Coalition agencies. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Vice Chair, reported the Committee met on August 6 and heard concerns from residents about the Pine Tree Road project. She said the majority of the meeting was spent discussing the Program Impact Assessment forms. The next meeting will be September 3rd. 285 August 17, 2010 RESOLUTION 2010-127: APPROVAL OF COUNTY SITES FOR PUBLIC ART COMMISSION'S MURAL AND STREET ART PROGRAM (DOC ID: 2170) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Lane. Mr. Proto said several years ago he and former Legislator Nancy Schuler took the lead in putting artwork in several County buildings. Although he is glad to see that effort continue, he questioned how much of the parking lot between the east wall of the Assessment Department and the HSBC Bank building the County owns. His concern is that anyone painting or placing artwork on that wall will need to erect some type of scaffolding to do so. At the request of Ms. Kiefer and agreed to by the mover and seconder, the timeframe in the second Resolved was amended from 90 days to 120 days. Mr. Shinagawa was excused at this time. Mr. Proto asked about the review process for what type of artwork will be displayed. Mrs. McBean-Clairborne said the Public Art Commission is very thorough in the selection of what they allow to be displayed. Mr. Proto asked if the program would be eligible to apply for tourism funding. Mrs. McBean- Clairborne did not have an answer but said the guidelines provide information about the criteria for eligibility. A voice vote resulted as follows: Ayes — 13, Noes - 0, Excused — 2 (Legislators Robison and Shinagawa). RESOLUTION ADOPTED. WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Ithaca City Common Council on proposals for the exhibition and display of public art in City spaces - buildings, facilities, and infrastructure - and to review development proposals for decorative elements in the city's public spaces, and WHEREAS, the PAC is interested in creating a city-wide mural and street art program that will beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, a subcommittee of the PAC was established to work toward the creation of this program and has identified possible locations for murals and street art throughout the city, and WHEREAS the City Board of Public Works recently adopted a resolution approving a list of pre - approved sites in the City, and WHEREAS, two of the proposed sites are on County -owned property and require the approval of the County, and WHEREAS, the two sites identified for inclusion are the curved wall of the Old Library building at the corner of Cayuga and Court Streets and the east -facing wall of the County Board of Elections Building on Buffalo Street, and WHEREAS, the long-term tenure of the Old Library building is uncertain, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Legislature approves the inclusion on the list of pre -approved sites in the City of Ithaca Public Art Commission's Mural and Street Art Program of the curved wall of the Old Library building at the corner of Cayuga and Court Streets and the east -facing wall of the County Board of Elections Building on Buffalo Street, RESOLVED, further, That the Old Library site be used for relatively temporary graffiti -type "installations" with graffiti artists to apply to the PAC and the installation(s) to remain for a maximum of four months at a time, RESOLVED, further, That the use of such sites shall be only by temporary license, which shall 286 August 17, 2010 be revocable upon reasonable notice (not less than one hundred twenty (120) days) except in circumstances necessary for the maintenance or security of the building by the County. The spaces shall be licensed in "as is" condition, and the County shall have no obligation to maintain either the site surfaces or the artwork, RESOLVED, further, That the PAC will use the public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations devised with the City Department of Public Works and/or Planning Depal tinent staff for these two locations, RESOLVED further, That the PAC will bring its recommended art choice(s) to the appropriate program committee of the Legislature for committee approval and possible contractual suggestions, RESOLVED, further, That the PAC will work with the County Attorney to ensure that any art mural RFP (Request for Proposal) or contract with a participating artist reflects and accommodates the needs and constraints of the County. SEQR ACTION: TYPE II -20 Statement Concerning Pine Tree Road Project Mr. Stein said he has been involved with both the Hanshaw Road Reconstruction Project and the Pine Tree Road Project. He said both road projects are similar in that they have had questions raised by less than half of the residents on the road who disagree with the approach the County has taken on the project. Mr. Stein said the projects are quite different and raise many different issues; Ms. Robertson noted the Pine Tree Road project does not involve an eminent domain issue. Mrs. McBean-Clairborne said the Facilities and Infrastructure Committee will have a discussion about the Pine Tree Road project at an upcoming meeting. Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee did not meet this month. The next meeting will be September 9. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on August 5th and reviewed Program Impact Assessment forms. Mr. Lane called attention to a map on the Legislature Chambers wall that identify the 15 Legislative districts and said Legislators should become familiar with the districts as the redistricting process will begin next year. The next meeting will be August 19th at 8:30 a.m. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the next meeting will be September 1. She asked Ms. Chock to provide the report as she chaired the last meeting in Ms. Mackesey's absence. Ms. Chock reported at the last meeting the Committee reviewed Program Impact Assessment forms. The Committee received a presentation from the Finger Lakes Tourism Alliance, a marketing alliance for the Finger Lakes area, on proposed changes to membership. The Committee also heard a report on the analytics of visitors; she noted the following highlights: there were 843,000 visitors in 2009 to Tompkins County, 47% of them were here for college or university -related reasons, almost all of them visited parks or downtown Ithaca, and 88% were very satisfied with their visit. The full report is available on the website visitithaca.com. Also at the meeting the Committee discussed the tourism staffing position and approved a resolution that will appear on an upcoming Legislature agenda. The Committee also heard from Commissioner Marx about the State's Purchase of Development Rights Program relating to agriculture. A special meeting was scheduled for August 30th at 3 p.m. 287 August 17, 2010 RESOLUTION 2010-128: MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 129 OF 2010 - AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS (DOC ID: 2143) MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 129 of 2010, the Tompkins County Legislature would authorize the County Administrator or his designee to execute a contract with the Tompkins County Soil and Water District to implement projects identified through the Flood Hazard Mitigation Program, and would also be authorized to execute other agreements necessary for the County to implement, monitor, and protect the projects funded through this program, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 129 of 2010 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 129 of 2010. SEQR ACTION: UNLISTED (Short EAFs on file with the Clerk of the Legislature) RESOLUTION 2010-129: AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS (DOC ID: 2141) MOVED by Ms. Chock, seconded by Ms. Pryor. Mr. Proto said there was a lot of discussion at the Committee with regard to several of the projects in addition to delivery of the program itself. Some members felt there is a need for greater coordination between the Soil and Water Conservation District because of some of the programs they have that are federally funded and could potentially save money out of this Flood Mitigation Program. Scott Doyle, Senior Planner in the Planning Department, oversees this program and agreed to work on this. Mr. Proto said early in the process there is an outreach effort that must take place with individuals and municipalities, and he briefly described the process. Ms. Kiefer referenced the Taughannock Creek Watershed assessment and asked if this is planned to be similar to the kind of assessment that Malone and MacBroom did for Tompkins County on the east shore. Mr. Marx said it was. Mr. Marx said they have been discussing the possibility of Malone and MacBroom doing the technical work; he noted the contract with the Soil and Water Conservation District would be to implement the overall program. The actual assessment of the watershed would be done with a subcontractor. Ms. Kiefer asked that the full Legislature be kept informed about this project. Ms. Kiefer also questioned the Environmental Assessment Form for this project and asked if the road that is within this watershed that has a problem is a road that has been traded from Tompkins County to the Town of Ulysses; Mr. Marx said it was not that road. Ms. Kiefer asked that a memorandum containing a description of the projects be included in the minutes. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Robison and Shinagawa). RESOLUTION ADOPTED. 288 August 17, 2010 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 2010, 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 where appropriate, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate Environmental Assessment Forms with respect to these projects, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee be authorized to execute a contract with the Tompkins County Soil and Water District, in an amount not to exceed $25,000, RESOLVED, further, That the County Administrator or his designee is also authorized to execute other agreements necessary for the County to implement, monitor, and protect the projects funded by the Flood Hazard Mitigation Program. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) Memorandum To: Members of the Planning, Development, and Environmental Quality Committee of the Tompkins County Legislature From: Scott D. Doyle, AICP, Tompkins County Planning Department Re: 2010 Tompkins County Flood Hazard Mitigation Program (TCFHMP) Date: July 27, 2010 Requested Action Authorize by resolution the initiation of a contract for the 2010 Tompkins County Flood Hazard Mitigation Program (TCFHMP) projects. In addition, authorize the reallocation of the 2009 Taughannock Creek Bank Wash project ($12,000) for support with 2010 funds to develop the Taughannock Creek Watershed Assessment. Background In 2006, the TCFHMP was restructured to follow objectives outlined in the Flood Mitigation Needs Assessment which encourages a watershed/systems approach to flood mitigation projects. Included is the Tompkins County Flood Hazard Mitigation Program - Final Program Overview (Exhibit A) which identifies the program objectives, project prioritization, implementation and evaluation. A project summary of work completed under the new program is outlined in Exhibit B. Following the program's protocol for selecting projects (Exhibit A), a memo was distributed in late May to each municipality's supervisor or mayor. The memo called for local projects for consideration in the Flood Hazard Mitigation Program funding. A technical advisory committee then reviewed these projects in tandem with other projects identified by the County with assistance of the County's watershed assessments for their feasibility and appropriateness for funding based on the program's objectives. Of the projects considered in 2010, seven projects are recommended for implementation this fall as listed in a table on page 3 and summarized below. • The West Branch of Cayuga Inlet @ Main Street Erosion Control project, is located on a tributary to the West Branch of Cayuga Inlet, south of Main Street in the Town of Newfield near the junction of Trumbulls Corners and Route 13. This project seeks to support the Town of 289 August 17, 2010 Newfield's culvert improvement work on Main Street by implementing various erosion control measures on the section of stream that bisects the senior housing property. The project anticipates using $3,000 of TCFHMP funds. A map and SEQRA EAF for the project is attached (Exhibit C). • The Enfield Main Road Agricultural Buffers project, is located on farmland bisected by Enfield Creek, south of Route 79 and north of Enfield Center Road. This project proposes surveying a riparian buffer area along approximately 2,000 linear feet of farmland. This area would then be planted with approximately 250 native riparian trees and shrubs. A riparian buffer agreement would be signed that would protect the project's plantings and the buffer area in perpetuity. The project anticipates using $3,000 of TCFHMP and would leverage an added $4,575 of outside funding. A map and SEQRA EAF for the project is attached (Exhibit D). • The Enfield Creek @ Upper Treman State Park Buffer Enhancement project is located on a section of Enfield Creek from Hines Road to State Park land at the Upper Entrance to the Robert Treman State Park. This project proposes the planting of approximately 500 linear feet of stream at a width of 100 feet. Also, included in this proposal is working to relocate unoccupied mobile homes, adjacent to State Park land, out of the stream corridor. The project anticipates using $3,000 of TCFHMP funds and would leverage an added $1,500 of outside funds. A map and SEQRA EAF for the project is attached (Exhibit E). • The Buttermilk Creek Residential Buffers project is located along the section of Buttermilk Creek south of Gunderman Road in the Town of Danby. Project formally establishes 100' riparian buffer on two adjacent residential properties. Landowners have agreed in principle to sign an agreement to be filed with their deed that protects this buffer area in perpetuity. The project anticipates using $1,000 of TCFHMP funds and would leverage an added $2,000 of outside funding. A map and SEQRA EAF for the project is attached (Exhibit F). • Barrile II Planting Support is proposed to be a part of an active FEMA funded mitigation project occurring on Sixmile Creek between Buffalo and Creamery Roads. This support would be in the form of plant materials and resources to hire a contractor to plant vegetation that would formalize the stream buffer associated with the project. The project anticipates using $6,000 of TCFHMP funds and would leverage an added $3,600 of outside funding. A map and SEQRA EAF for the project is attached (Exhibit G). • The Fall Creek Agricultural Buffer Extension project is located on Fall Creek, west of Herman Road, just inside the eastern edge of the Village of Freeville. This project builds off the successful riparian planting project upstream, east of Herman Road at Cornell's HC Thompson Vegetable Research Farm. It would establish a riparian buffer of about 200 trees along approximately 2,000 linear feet of creek. The project anticipates using $2,000 of TCFHMP funds and would leverage an added $3,750 of outside funding. A map and SEQRA EAF for the project is attached (Exhibit H). • The Taughannock Creek Watershed Assessment is proposed for the Taughannock Creek Watershed in response to the consideration of various erosion control projects along the creek. Studying this system, in the same fashion as the assessments for Sixmile Creek, Salmon Creek, Fall Creek and Cayuga Inlet would help prioritize projects and ensure they are implemented using a watershed based approach. The project anticipates using $7,000 of 2010 TCHMP funds and $12,000 of the 2009 TCFHMP project funds that were allocated to a specific project on Taughannock Creek. The project is not set to move forward as it was initially intended. A map and SEQRA EAF for the project is attached (Exhibit I). Report from the 2010 Census Committee Ms. Mackesey, Chair, had no report. Report from the Budget and Capital Committee 290 August 17, 2010 Mr. Dennis, Chair, reported the Expanded Budget Committee calendar has been finalized; the schedule for departmental presentations is now being developed. The next meeting will be August 23rd at 3:30 p.m. Mr. Dennis said he would like the Expanded Budget Committee to discuss the Rollover policy; he noted he is not requesting a change in the Policy but would like a full discussion by the Legislature. Mr. Proto suggested this discussion take place at a Legislature meeting. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Vice Chair, congratulated members of the Sheriff's Depaitment who were recently awarded the Kiwanis Frank Hammer award for their heroic and outstanding work during the Kot murder investigation. At the next meeting the Committee will be looking at the emergency alarm system and the 911 system. Ms. Chock said she received a phone call from the Bangs family thanking the Legislature for its show of support and for the resolution and the collection of funds by members of the Legislature. Mrs. McBean-Clairborne reported on the fundraisers held during the past weekend for the Children's Miracle and the Bangs family. She said there will be more fundraisers in the future and hopes people will attend. Ms. Robertson said she attended the fundraiser for the Bangs family at Lakewatch Inn and said there was a great outpouring of support for the Bangs family. RESOLUTION 2010-130: APPROPRIATION FROM CONTINGENT FUND TO COVER EXPENSES RELATED TO PROSECUTION OF HIGH-PROFILE CASES - DISTRICT ATTORNEY (DOC ID: 2144) MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Robison and Shinagawa). RESOLUTION ADOPTED. WHEREAS, expert witness testimony was obtained to facilitate the County's prosecution in the recent murder trial of Blazej Kot, and costs were incurred as Mr. Kot was held in a Pennsylvania jail after his arrest, and WHEREAS, outside counsel from the Chemung County District Attorney's office was obtained to investigate the death of Shawn Greenwood, and in putting the case into the Grand Jury costs were incurred for several expert witnesses, and WHEREAS, the Tompkins County SPCA provided care to 100 animals seized during a search warrant of a home in Caroline, and held the surviving animals as evidence to assist in prosecution of the County's case, and WHEREAS, the County has been billed by Dr. Gary Horwitz, for expert witness testimony in the Kot trial in the amount of $17,800, and billed by the County of Bradford (PA) Correctional Facility in the amount of $7,973.92, and WHEREAS, the County has been billed by Dr. James Terzian, for testimony in the Greenwood Grand Jury investigation in the amount of $51.00, and billed by Dr. Anthony Pinizzotto for forensic consultation and testimony in the Greenwood Grand Jury investigation in the amount of $7,309.30, and billed by CRT Less Lethal, Inc., for forensic analysis of tasers in the Greenwood Grand Jury investigation in the amount of $2,137.50, and WHEREAS, the County has been billed by the Tompkins County SPCA, for expenses associated with the housing and treatment of animals seized in a search warrant in the amount of $17,856.00, and WHEREAS, payment is now due for all invoices, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $ 53,127.72 TO: A1165.54442 Professional Services $ 45,153.80 A1165.54479 Extradition $ 7, 973.92 SEQR ACTION: TYPE II -20 291 August 17, 2010 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will not have a regular meeting in August; however, the subcommittee working on the diversity plan will meet and continue its work. Approval of Minutes of August 3, 2010 MOVED by Mr. Proto, seconded by Ms. Pryor. At this time several amendments to the minutes were offered. Ms. Herrera read the following into the record: "For the record, due to my concerns regarding the habit of modifying minutes and resolutions outside of open meetings and the possible unintended consequences related to this new revisionist practice, I will be voting no on these minutes. "Tompkins County government has a responsibility to avoid the appearance of unethical behavior, particularly when dealing with contract awards, eminent domain, tax decisions, and other important decisions that are reported in our minutes. The habit of revising the wording of staff or other Legislators has the potential for lapses, as well as perceived lapses in ethics and transparency. "I oppose a revisionist interpretation of the Legislature's minute -taking policy. The revisionist policy interpretation condones Legislator actions that are not transparent, and does not promote ethical behavior in Tompkins County Government." At this time additional amendments to the minutes were offered. Mr. Proto said as the Mover of the minutes he accepts all of the changes on the minutes; Ms. Pryor, the seconder, also accepted the changes. Mr. Dennis questioned when the issue of revising minutes would be resolved. Ms. Robertson offered a proposal that she has discussed with Cathy Covert, Clerk of the Legislature. She recalled the memo she prepared and distributed recently and said the intent of bringing changes to the floor was to provide Legislators with an opportunity to be aware of changes that were being voted upon and to ensure that final changes did not contain changes Legislators were not aware of. She said under prior practice, all changes being suggested this evening would have been accepted as non - substantive changes and clarifications to the minutes. She said in speaking with Ms. Covert they agreed to suggest that these kinds of changes be submitted to Ms. Covert by 5 p.m. the evening prior to the Legislature meeting and she will provide Legislators with a version of the minutes containing changes in red folders. She said this would avoid a significant amount of time being spent discussing these changes on the floor of the Legislature. Mr. Proto called the question. Ms. Herrera objected, stating she had raised her hand to speak prior to the question being called. Mr. Stein asked the County Attorney if parliamentary procedure states that a person cannot speak about another subject following the question being called. Mr. Wood said this has not been an issue in the past; he has never observed a situation where the question has been called by a legislator and that motion being challenged. 292 August 17, 2010 Ms. Herrera said there is a history of instances where parliamentary procedures have cut off discussion. She said with regard to this subject, there were changes made to statements by individuals who are not present; she also said she opposes the additional revision to policy being suggested because the individuals would not be aware of the changes being made to their statements. She said it is necessary and this Legislature has the responsibility to make any changes in a public meeting. Ms. Robertson said the Government Operations Committee subcommittee continues to work on this. She pointed out the draft and final minutes are online and available to the public. She said she and others have asked for examples of staff intimidation that have occurred or might occur and none have been provided. She said if other Legislators do not think the minutes are being handled in an acceptable manner she would like to hear from them. Mr. Stein called the question, seconded by Mr. Proto. A voice vote on calling the question resulted as follows: Ayes 10, Noes — 3 (Legislators Chock, Herrera, and Mackesey); Excused — 2 (Legislators Robison and Shinagawa). THE QUESTION WAS CALLED. A voice vote on the minutes as amended resulted as follows: Ayes — 12, Noes — 1 (Legislator Herrera); Excused — 2 (Legislators Robison and Shinagawa). MINUTES APPROVED. Ms. Mackesey said it is her understanding that Ms. Robertson issued a memorandum several months ago on the minutes and that memo reflected only Ms. Robertson's opinion. She said she has assumed the minutes are being approved based upon the procedure outlined in the Rules of the Legislature. Ms. Robertson said the policy does not provide guidance on how to handle the changes that have been under debate. She said after looking at the Policy and the 2005 Subcommittee report that had never formally been accepted by the Legislature, she realized the Policy had never been rewritten to reflect the report. She said that involves committee work and that will take time. She, in consultation with the Clerk of the Legislature, prepared the memorandum and offered guidance on how to proceed in the interim in an attempt to relieve tension and additional work demands being placed on staff. Ms. Mackesey questioned whether the Chair of the Legislature has the authority to outline an interim procedure. Ms. Kiefer said she believes Ms. Mackesey is correct in that the Chair does not have the authority to outline an interim procedure; however, she is under the assumption that many of the practical suggestions came from the Clerk of the Legislature. She said in the interim she is willing to accept what the Clerk suggests to be a manageable task for her staff and would be willing to propose a motion to do so. Mr. McKenna suggested using audio and video recordings as the permanent record. Ms. Chock said she would like to see any change in procedure in writing. Withdrawal of Resolution It was MOVED by Mr. Proto, seconded by Mr. McKenna, to Lift from the Table the resolution entitled: Resolution 2010-122: Urging the State of New York to Resolve the Issues of Video Lottery Terminal Operations at Aqueduct Race Track; to Make Prescribed Statutory Mandated Payments to New York Racing Association; and to Ensure that Off Track Betting Honors its Financial Obligations to New York Racing Association (DOC ID: 2137). A voice vote resulted as follows: Ayes — 11, Noes — 2 (Legislators Chock and Herrera), Excused — 2 (Legislators Robison and Shinagawa). Mr. Proto said at the last meeting Legislators had questions that they wanted to research further. Since that time he has attended a meeting where it was reported that the head of the Senate, Assemblyman 293 August 17, 2010 Silver, and the Governor agreed to sign the contract that permitted the Malasian firm (the successful bidder) to move ahead with the VLT's at Aqueduct. Subsequent to that, there was an article in the NYSAC (New York State Association of Counties) News stating that as well. He has no information at this time, however, if the paperwork has actually been signed. Mr. Proto said although he would like this to be adopted by this Legislature, he requested permission to withdraw the resolution and will offer it at a later time if necessary. Chair Robertson granted permission to Mr. Proto to withdraw the resolution. Recess Ms. Robertson declared recess at 8:17 p.m. The meeting reconvened at 8:22 p.m. Executive Session It was MOVED by Ms. Mackesey, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to enter executives session at 8:22 p.m. to discuss personnel matters and litigation. The meeting returned to open session at 9:00 p.m. Ad' ournment The meeting adjourned at 9:00 p.m. 294 September 7, 2010 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Mr. Shinagawa arrived at 5:31 p.m.). Excused: 1 (Legislator Herrera). Presentation of Proclamation Ms. Robertson read a proclamation declaring September 15, 2010, to October 15, 2010, as "Latino Heritage Month in Tompkins County" and presented it to Fernando deAragon. Mr. deAragon expressed appreciation and invited Legislators to a celebration of immigration on September 25, 2010, from 7:30 p.m. — 12:00 a.m. starting on the Ithaca Commons and continuing at the Women's Community Building. Mr. Shinagawa arrived at this time. Privilege of Floor by the Public Royal Colle, 121 Pine Tree Road, Ithaca, made the following statement as a member of the Pine Tree Residents Association: "Our group is concerned about the threat posed by the Pine Tree Road Pedestrian and Bicycle Enhancement project to the quality of life in our neighborhood. The County, the Town of Ithaca, and Cornell are behind the project. The threat comes from large trucks that the County project will allow and encourage to travel through our neighborhood. "To illustrate our long term concern about the quality of life on Pine Tree Road, I want to briefly report what we did when we were faced by an earlier threat to this community About 10 years ago, a large piece of farmland between Pine Tree Road and Eastern Heights went on the market. Some of us envisioned the likelihood of a massive, dense housing project springing up there somewhat like what's happening in nearby East Hill Plaza. There was also the threat of unbridled flow of water runoff into Pine Tree Road properties. We gathered in someone's kitchen one evening to explore remedies. We decided that several people would buy the entire plot and immediately sell off pieces to adjacent land owners giving them an extension to their back yards. The remaining acreage was held by the purchasers. "About seven years ago (March 2004), a small strip of the farmland was sold to the Town of Ithaca for a bicycle path. Simultaneously the remainder, about 23 acres, was donated to the Town of Ithaca on the condition that it be kept "forever wild." This has become the East Ithaca Nature Preserve — a happy ending enhancing the quality of life on Pine Tree Road and the surrounding areas. "Now, facing a new threat to safety and the quality of life in the neighborhood, the Pine Tree Road Residents Association would like the County to reconsider its plan to encourage large truck traffic into the area (as is indicated in the County's plan). Later at this meeting, we will present a petition to the County addressing this issue. "Thank you." 295 September 7, 2010 David Stewart, 119 Pine Tree Road, stressed that the neighborhood is similar to a city street with regard to density. In the .6 mile there are more homes than a city street and more traffic than Forest Home, which recently underwent changes and traffic -calming considerations. He said that although the Sheriff has been helpful with patrols of speeders, it is not possible to do all the time. He would like to see calming measures in place. Mary Margaret Carmichael, 122 Pine Tree Road, read the following statement: "I have been a resident and homeowner on Pine Tree Road for 48 years, since 1962. Almost all homes are owner occupied. This is a neighborhood. "Pine Tree is a county road, thus a part of your concerns. "Please do not allow the railroad underpass at Pine Tree and Route 366 to be raised. This would allow and encourage larger trucks and larger construction equipment to travel on Pine Tree Road. There is already far too much speeding traffic on this road. "I suggest you make Pine Tree a 'No Thru Trucks' road. Reroute trucks from Richford on Route 38 to Dryden, then on Route 13 -- either to Ithaca, and Lansing, or on Route 366 to Cornell University. Then the raising of the underpass would not be needed. "Again, please do not raise the height of the underpass. Let us work together to alleviate the traffic problem rather than make it worse. "Thank you!" Lucia Sciore, 124 Pine Tree Road, read the following statement: "I am a resident and taxpayer for 11 years. "I do not object to local trucks transporting goods to and from East Hill Plaza. "I do not object to buses, commuter traffic, and local delivery trucks. "I am not against planned & responsible growth of commerce. "I am pleased with the benefits that Cornell University has given to this community. "I do, however, object to the way in which the "Pine Tree Road Bicycle and Pedestrian Paths" project was planned. "Misinformation was presented to multiple government planners when money for the project was requested, over 2 years ago. "1. Pine Tree Road is inhabited primarily by students. Reality: It is a high density community, inhabited primarily (94%) by owner -occupied homes. "2. There was support from the residents. Reality: The residents were first informed in June 2010, of this project. "3. Primary purpose of this project was "Enhancement of the Environment". Reality: The primary purpose of this project was to rebuild the bridge to allow for faster, larger, and heavier trucks to traverse between Route 79 & Cornell, rather that use currently approved state roads. 296 September 7, 2010 "I recommend that the monies granted to this project be refunded. The grant money was given, based on erroneous information and without input from the residents who would be most affected by these changes. "THEY DID IT WITH SMOKE AND MIRRORS." J. Robert Cook, Pine Tree Road, made the following statement: "Nancy and I have lived on Pine Tree Road for the past 44 years. "I'm here to seek your assistance in finding a way to provide for the community's transportation needs, BUT without sacrificing the quality of our residential neighborhood. "Pine Tree Road (PTR) has been a good place for us and for our three children to grow up. Over the past 44 years, the traffic on PTR has increased markedly. The density and speed of cars and trucks has increased noticeably. This poses a problem for our two grandchildren who live on PTR—along with 15-20 others on this block of PTR. It poses a problem for our safety when we leave our driveways. "We are deeply concerned when you consider steps that likely will increase heavy truck traffic on PTR. The bridge on PTR was characterized in your report as an obstacle to truck traffic, so we rightly believe that the sponsors of the PTR project are willing to allow even heavier truck traffic on our street. "We hope you will NOT approve changes that likely will diminish the quality of our neighborhood. But instead will take steps to do the opposite. For example: 1) Leave the bridge in place and add bike and pedestrian paths slightly to the east—running from the end of Judd Falls Road where it meets Route 366 to connect with the abandoned railroad bed (now a recreation trail), cross the stream and proceed to the CISER building on PTR. (There's no law that says the sidewalk must follow the roadway under the abandoned railroad bridge.) The justification for removing the bridge need not depend upon this extra width. [Besides, Cornell may well need a wider, more scenic path to the East Hill area.] 2) Replace the flashing lights at each end of PTR (366 and 79) with full, 3 -color traffic lights for pedestrian safety and to calm traffic. 3) Lower the speed limit to 30 mph for the length of PTR. 4) Add other speed reducing means (raised cross -walks, speed bumps, rotary, greater police enforcement, automated speed indicators, perhaps an additional 3 -color traffic light at Snyder Hill intersections, etc.) to calm the speed. "Thank you." Christa Bissell, 137 Pine Tree Road, presented a petition and read the following statement: "The Pine Tree Road Residential District is a densely populated residential area located between Route 79 and the intersection with Snyder Hill Road. It includes 49 homes, of which over 90% are owner occupied. Many of the residents are long term, with the average residency rate being approximately 18 years. Along this stretch of road that is less than 7/10th of a mile, there are between 17-20 children in the homes, 3 which require special needs. "As stated in the Ithaca Tompkins County Transportation Council's 2004 Park and Ride Options Report, the area "suffers considerably from high traffic". The amount and speed of the traffic is unsafe for this residential area. Exiting driveways is often difficult, and particularly dangerous with large trucks moving along the road. The Town of Ithaca Transportation Plan of 2007 cites Pine Tree Road as an area which includes "crash clusters" and is "in need of speed mitigation". 297 September 7, 2010 "To provide the residents in this area with an acceptable degree of safety and livability, we ask that the town and county begin to provide traffic calming devices to improve the road conditions. These include such measures as: Reduce the speed limit to 30 mph, and enforce the speed limit. Installation of full traffic lights. The main location where this is essential is at the intersection of Route 79 and Pine Tree Rd. Another location that might benefit from this would be the intersection of Route 366 and Pine Tree Road. "No thru trucks - local deliveries only" - for the residential span of Pine Tree Road Incorporate visual narrowing. The road should not be widened or shoulders paved. Just repair the holes (gravel) for safer walking and biking. Include such features as raised crosswalks for pedestrians, speed bumps, a traffic circle at the intersection of Pine Tree Road and Snyder Hill Road where traffic enters the residential district." Louise Buck, 143 Pine Tree Road, said she moved to her present location six years ago to escape the State Street traffic. She said her neighborhood is a coherent community and they are willing to work with community leadership to create better solutions. She said the proposed project would increase traffic and will also have significant noise impacts. She is also concerned about pets and wildlife in the area. She has the will to work with solutions proposed and is approaching the problem in a spirit of cooperation and problem solving. Jacqueline Wakula, 204 Pine Tree Road, on behalf of herself and husband Tom, read the following statement: "We have been full time residents at 204 Pine Tree Road since we built our home in 1971. Once again, the residents of Pine Tree Road have come together to preserve their neighborhood. We are all united in asking to reduce the current speed limit, and limit Truck Traffic along Pine Tree Road to Local Deliveries at East Hill Plaza. We, as residents have watched helplessly as every season brings property damage from auto accidents, injuries to drivers and passengers, and endangering the safety of the children that live along our road. This narrow residential street is not suitable for the type of and amount of traffic currently plaguing us, therefore, we are asking for relief. We are in complete agreement with everything that has been presented to this Board regarding the Pedestrian/Bike issue, therefore no need to repeat what has already been presented." Liz Czopp, 151 Pine Tree Road, supports the safety precautions asked for by other residents. She shared her experience of almost being hit by a car not exercising caution at the Honness Drive crosswalk. Beth Gerrard, 144 Pine Tree Road, said her family moved there seven years ago to be in the neighborhood her husband had grown up in. She is concerned for children waiting for buses and noted the school district agreed to stop at each house to lessen the danger. Although she was initially supportive of a pedestrian/bicycle walkway, she believes the traffic levels would increase. Ms. Gerrard stressed the neighborhood is homeowners, not renters. Joanne Farbman, Executive Director of the Advocacy Center, shared information of the work completed by the agency and its affect on Tompkins County residents. The agency's mission is to prevent and reduce sexual and domestic abuse through supportive services and education in the community The work is completed through a variety of programs such as the emergency shelter for victims of domestic violence, a 24-hour hotline, telephone and in-person counseling, transportation assistance, support groups, and collaborative efforts with other agencies. Privilege of the Floor by Legislators Mr. Proto, District 7 Legislator, said New York State Electric and Gas proposed rate increases are under scrutiny by the Public Service Commission. The requested increase would be between $16 and $19 298 September 7, 2010 per month; there is still time for comments to be made. He then announced the Vietnam Veteran's watch - fire would be held at dusk on September 17th at Myers Point in the Town Lansing Park. Mr. Shinagawa, District No. 4 Legislator, asked what household increase would be for a one percent increase in the levy and was told it is $6 for a $100,000 house. Ms. Kiefer, District No. 10 Legislator, said Dick Fisher, a Cornell University Professor who was particularly knowledgeable about birds, lived on Pine Tree Road; she recalled his suggestion many years ago that owners of property on the east side of the road could use back property lines for a pedestrian path. She thought it was interesting to hear the same suggestion at this time. Ms. Chock, District No. 3 Legislator, announced the Ithaca Farmer's Market was selected by 160,000 voters across the country as the third most popular market in New York State and one of the top twenty large markets in the U.S. The market attracts more than 5,000 customers daily. She recalled her first job as a planner was undertaking an analysis of farmer's markets for the City of Ithaca to determine who, what, and where a local market should be. Mr. Lane, District No. 14 Legislator, reported on the budget outreach session that took place in Dryden on September 2"d. He was joined by Mr. Robison and Ms. Robertson at the local cafe to speak to approximately 30 individuals on the upcoming budget. He thanked Ms. Lynch, Public Information Officer, and Mr. Mareane, County Administrator, for their attendance and assistance. He indicated residents expressed a desire to keep the Rural Youth Services program and also how they felt overtaxed. Mr. Burbank, District No. 12 Legislator, shared his recent experience when he and his wife were in the Hudson Valley and walked on the largest pedestrian bridge in the world. He spoke of the beauty and how it appeared to be very popular, which he attributed the many people there to experiencing budget restrictions. He reminded Legislators and viewers this weekend would be the Aids Ride -for- Life fundraising event. Mr. Stein, District No. 11 Legislator, spoke of having attended the new Kitchen Theatre production of "Private Lives". He said the Theatre receives County funding and it is worth every penny spent. Mr. Stein said the building was comfortable, welcoming, well lighted, and compares favorably to most off-Broadway performance spaces found in New York City. He also congratulated the performers and said it was as good as anything he has seen in off-Broadway or in London. Mr. McKenna, District No. 8 Legislator, announced Newfield Old Home Days will be held this coming weekend with a parade taking place Saturday night. Presentation - Overview of 2009 Annual Report of the Sheriff Sheriff Meskill with the assistance of Corrections Officer Jeffrey Potter provided a PowerPoint presentation of the 2009 Annual Report. Highlights included the Corrections Division Accreditation by the New York State Sheriff's Association, making Tompkins County 1 of 22 receiving the honor within the State (62 County jails statewide); continuation of the TraCS program that provides automated traffic tickets and accident reports; the acquisition of patrol rifles for each car due to a Homeland Security grant; and centralization of the Records and Civil divisions to improve efficiency. He also acknowledged the LETTS Group, a law enforcement technology and information coalition, and the work to get this information -sharing software up and running to improve all law enforcement offices. Sheriff Meskill spoke of the importance of law enforcement at community events to bring about not only safety, but for the public to be aware of their presence. Other work being done by the Sheriff's office is collection of data from portable radar speed displays, working cooperatively with other law enforcement agencies on accident reconstruction, as part of the local SWAT team, assisting with car seat checks, D.A.R.E. program, etc. 299 September 7, 2010 Sheriff Meskill acknowledged the numerous awards received by officers and staff. Following the presentation several classifications were explained and in response to Ms. Kiefer's question about inmate visits, Sheriff Meskill explained they follow the State -mandated minimum for inmate visits of one hour per week. Report from the Chair Ms. Robertson said she is working on the creation of a special Broadband Committee that would report to Government Operations and have public information processes. The Environmental Protection Agency Public Hearings are rescheduled for next Monday and Wednesday in Binghamton. She will speak at the hearing as well as Legislators Chock and Burbank. There will be a press conference on Monday morning she will participate in as well. She spoke of the resolutions on the agenda representing an amazing amount of work, particularly the work required for the proposed early retirement plan, tourism planner, and health insurance consortium agreement. She expressed appreciation to Mr. Mareane and his staff for their efforts. Chair's Appointment(s) Ms. Robertson made the following appointments: Civil War Commission Michael E. Lane, Co -Chair Carol Kammen, Co -Chair Danny Lee Wheeler, Member Report from the County Administrator Mr. Mareane announced the United Way campaign has begun and staff will be receiving their pledge cards. In addition to the pledge cards, a food/personal care drive is taking place in County departments as part of the community -wide drive to assist the local food pantries. He reported the arbitrator has issued his decision in binding interest arbitration for the March 2006 — February 2008 contract for uniformed members of the Employees Union Tompkins County Sheriff's Department (Road Patrol). The 2006 — 2007 contract was referred to arbitration in 2008. Because it is binding there is not need for legislative action on the contract. The decision directs a 3.5% increase in base wages, effective 3/1/06 and on 3/1/07, and adjustments for other contract elements including investigator mandatory on-call service, call-in service, shift premiums, health insurance, longevity payments, and clothing allowance. Contract provisions are retroactive for all employed during the period. The union remains without a contract for the period following February 2008. Mr. Proto asked if the arbitration process could impose the longevity portion when it did not previously exist; Mr. Mareane said new terms cannot be put in, however, if a side put an item on their list the arbitrator is required to react and determine whether to make it a part of the contract. Ms. Pryor asked how the County planned for this situation and whether funds were set aside in anticipation. Mr. Mareane said funds were set aside in anticipation of wage growth and placed into the fund balance. Mr. Stein asked about the 3.5% increase and what closing irreconcilable positions were. Mr. Mareane said he was not certain on all details; however, it should be discussed in an executive session. Mr. Dennis said it is a two-year award that was determined by three people's voting. The contract period 300 September 7, 2010 ends March 31, 2008, and the world changed in 2008. The next step is demand for negotiation on the bargaining units to start again for the 2008-2009 period. Mr. Mareane then presented his 2011 tentative budget to Legislators. It provides a balanced approach to address unprecedented fiscal challenges. The budget holds the line on spending and calls for program reductions to fill a $4.7 million budget gap, while meeting the Legislature's goal of increasing the tax levy by no more than 5%. The recommended budget totals $74.4 million in local dollar spending, an increase of 0.6% over the 2010 budget, in spite of substantial increases in mandated spending. It closes a $4 7 million budget gap through a balanced mix of revenue increases and spending decreases, producing a $1.9 million (5%) property tax levy increase coupled with a $2 million spending reduction. Some spending reductions will affect entire programs. The Budget also applies $780,000 in one-time federal stimulus money to fill the gap left by the State's delay in approving the county's request to authorize a new local mortgage tax. The County tax rate would increase from $6.00 to $6.41 per $1,000 of assessed value, resulting in a $66 per year increase for an average $160,000 home. Mr. Mareane noted the budget reflects the County's response to an economy slowly recovering from a deep recession. That has resulted in an increased reliance on mandated services provided by the County and a diminished capacity of taxpayers to pay for them. The ripple effects of the economy have an indirect, but significant, effect on the County's 2011 budget. Pension costs, for example, are being increased by the State to make up for substantial investment losses suffered over the past few years. The County's pension bill will rise by 40% in 2011 after going up 50% in 2010. The budget represents "a balanced approach to uncertain times," seeking to balance the community's ability to pay with its need for services, raising revenues, reducing expenses, and making prudent use of one-time aid. His priorities for decision-making are health, safety, and core governance. The Tentative Budget funds only $1.5 million of nearly $3.4 million in over -target requests (OTRs) submitted for recurring target funding and recommends most of the $500,000 requested for one- time expenses. Among OTRs not funded in the Tentative Budget: Department of Social Services funding to support many child welfare services provided by local agencies; Probation Department funding to prevent reduction of the Day Reporting program to half-day operation; and support to prevent staff reductions in the Highway Division. In addition to OTRs not funded in the Tentative Budget, County Administration has proposed reductions for the County Health Department's Certified Home Health Agency (CHHA) and two programs managed by the Youth Services Department: eliminating a quarter -million -dollar allocation for the Municipal Youth Development program and reducing funding for the Learning Web's Community and Career Apprentice Program by 50%. The Administrator recommends the County review whether the County -operated CHHA could operate without a $400,000 annual property tax subsidy or whether the County should withdraw from providing the service, as many other counties have done, transferring its certificate to a qualified not-for-profit provider. The budget reduces the County workforce by 20 full-time equivalent positions, a decrease of 2.6%, much of the reduction expected to be achieved through natural attrition, as the Legislature considers a local retirement incentive designed to support that process. Among other proposed initiatives advanced as part of the Tentative Budget: a three-year, $2.4 million bonding to address a backlog of capital maintenance and improvement needs in county buildings, with a one-time allocation of $100,000 to begin planning for the project; $10,000 in contingency funding to assist in comprehensive review of how the county's road, bridge, and highway system is maintained; and $40,000 in contingency funding to continue Smart Work training throughout the County. The administrator also recommended the County sharpen its focus on the issues of energy conservation, climate change, and sustainability by formally placing responsibility under direction of a Commissioner 301 September 7, 2010 of Planning and Community Sustainability, shifting executive oversight of the four public works divisions, on a trial basis, to the County Administrator. Mr. Mareane said he appreciates the remarkable dedication and creativity of County department heads and staff at every level in developing a plan that responds to the very difficult circumstances we face, and to the County Legislature for its leadership throughout the year. Mr. Proto asked what a one percent change of tax levy would be; Mr. Mareane said one percent is $380,000. Mr. Mareane clarified the sales tax drop for Mr. Stein, noting there was a significant drop in 2009 by several million. Although the sales tax revenue is increasing it will need to continue to improve. In response to Mr. Stein's comment that the five percent cut did not affect the levy between 2010 and 2011, Mr. Mareane said the levy went up in 2009 with the local spending flat. The budget is now relying less on reserves and more on local property tax. Mr. Stein asked where funds for an over -target request would come from. Mr. Mareane explained it could be from raising taxes, reducing other spending, or drawing on the reserve, which would spend down balances that could affect liquidity. Ms. Pryor asked that a brief synopsis of process be provided. Mr. Dennis said that would be done during his Budget and Capital Committee report. Ms. Chock asked if there is any mechanism to indicate the ability of prioritizing how any reductions may be put back in future budgets, use of rollover funding, or one-time funding if deemed appropriate. Mr. Mareane said the Legislature has the latitude to make any changes. He said it is more difficult to add a program back in the future once reduced, but it could be done. He does not think it is possible to set a priority list as it would compromise the rule regarding binding future Legislators. Ms. Robertson asked what the proposed budget would mean for an average homeowner. Mr. Mareane said the average home is valued at $160,000 and would have an annual County tax of $1,026. Mr. Robison said although the Legislature will review the budget and come to some form of agreement it is for only 2011. He would like to look more long-term. With State mandate increases, pension rates doubling, reduction of the FMAP money, and a possible two percent cap on what can be taxed, he suggests the Legislature should think about the future as this budget is set. Mr. Shinagawa agreed with Mr. Robison's comments and is impressed with the budget presented looking at whole programs versus across-the-board cuts. He said it is necessary to reduce spending and he is open to this type of review. Mr. Proto said the proposed budget has been developed on the assumption the State will keep funding level and asked if Mr. Mareane believes it would happen. Mr. Mareane stated it is an assumption and that newspaper articles clearly show the State is having difficulties. He said when developing the budget the question is to assume it would stay the same and to remain nimble and react. Mr. Proto then asked if there is a projection for assessment increases or if there are large projects within the next 2 to 4 years. Mr. Mareane does not have the information at this time and will review assessments to determine how projects and exemptions could affect it. Ms. Kiefer requested clarification of the $100,000 portion to plan for the capital expense and bonding of deferred maintenance. Mr. Mareane said the planning portion is to determine whether the project is