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2011 Journal of Proceedings
2011 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 2011, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature BERTSON -JISLANRE 2011 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES January 18, 2011 Budget, Capital and Personnel - Dennis (Chair), Shinagawa (Vice Chair), Herrera, Mackesey, 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), McKenna, Pryor, Stein Tompkins County Legislature Administration Depaitiuent Organizational Development Risk management/contract performance Public Information Information Technology Services Depaitment 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) Dennis, Herrera, Shinagawa, 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 Planning Development, and Environmental Quality - Mackesey (Chair), Chock (Vice Chair), Burbank, Proto, Pryor 2011 Standing and Special Committees Assignments and Responsibilities 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 - Chock (Chair), Kiefer (Vice Chair), Lane, McBean-Clairborne, McKenna Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Weights and Measures Utilities Public Safety - Stein (Chair), McBean-Clairborne (Vice Chair), Dennis, Mackesey, Robison 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), Herrera, Lane, Proto 2 January 4, 2011 Regular Meeting Call to Order Mrs. Covert, Clerk of the Legislature, 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: 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, 228 Linden Avenue, Apt. 3, 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 Election of Temporary Chair Mrs. Covert announced the first order of business was the election of a Temporary Chair. Ms. Mackesey nominated Mr. Proto as Temporary Chair, seconded by Ms. Robertson. After hearing no more nominations, it was Moved by Mr. Dennis, seconded by Ms. Mackesey, 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 Chair and spoke of various book titles that are on the New York Times' best-seller list and how they relate to individual Legislators and staff. He spoke of the difficult budget season that recently concluded and thanked Legislature staff, the County Administrator and his staff, the Finance Director, and department heads for their hard work during the budget process. He commended Mr. Dennis, Chair of the Expanded Budget Committee, for his leadership through a process that encouraged Legislators to ask questions. Election of Chair of the Legislature Mr. Prato opened nominations for a Permanent Chair, noting that the voting could be completed by either written ballot or by a show of hands. Mr. Stein nominated Ms. Robertson as Chair for 2011, seconded by Ms. Kiefer. Mr. Stein said he has now served on this body for one year and knew less last year about the duties of the Chair when he first voted for her. Over the last year he has come to know more about the requirements of the job and the abilities the person holding that position must bring to the job. 3 January 4, 2011 Mr. Stein spoke of the role of the Chair of the Legislature and used the analogy of the Pope. He said the Pope has a three -word job description: "Primus inter pares, loosely, first of many", and explained how he thinks this description relates closely to the position of Chair of the Legislature. He described what he believes it takes to be a successful Legislature Chair, a position that is "first of equals" and not a position set aside with special powers. He said a Chair should repect his or her colleagues, seek consensus from colleagues while striving to include everyone in the process, and listen and learn from criticism. Mr. Stein said he believes Ms. Robertson in many ways has moved towards accomplishing all of these difficult goals and spoke of her tireless work ethic, her determination, and her ability to make things happen. He said Ms. Robertson has contributed leadership throughout the entire State on the fracking issue and he has confidence in her continued good leadership in the coming year. Ms. Kiefer said she agrees with the comments made by Mr. Stein. She said as Vice Chair, she enjoyed working with Ms. Robertson during 2010 and believes the working relationship they have developed over the last year has been useful to the County. Ms. Kiefer spoke of Ms. Robertson's "boundless energy" and said she has been an excellent face for the County both inside the County and across the State. She said Ms. Robertson attends many meetings and events outside of Tompkins County and this is a very valuable bonus that the County does not get with every Chair. Ms. Herrera nominated Mrs. McBean-Clairborne as Chair for 2011. Ms. Herrera said Mrs. McBean-Clairborne has had a long career in leadership, as an activist, a community member, and a leader on many different levels including Vice Chair of this Legislature. Ms. Herrera said anyone can forge consensus if they have a legislative majority; it takes someone with respect for their peers to lead through a breech. She believes Mrs. McBean-Clairborne shines a light on what matters in this community — diversity, honesty, and integrity. She said one of the things Mrs. McBean-Clairborne has done quietly behind the scenes through phone calls, personal conversations, and group and community meetings that were open to the public was to engender discussions about the things that there needs to be reconcilliation about. Ms. Herrera said Mrs. McBean-Clairborne has demonstrated the kind of leadership, "leadership by example", that she admires and believes every employee and every citizen and resident could admire as well. She also has the ability to bring people together that don't necessarily agree and has found ways to make everyone listen to each other. Mrs. McBean-Clairborne thanked Ms. Herrera for her nomination and her public expression of appreciation for who she is. She said she is surprised and honored by the nomination, however, due to many circumstances in her life at this time she does not have the time to be Chair of this Legislature, and respectfully declined the nomination. NOMINATION DECLINED. Hearing no more nominations, it was MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by vote by show of hands, to close nominations. A vote by show of hands on the motion to elect Martha Robertson Chair of the Legislature for 2011 resulted as follows: Ayes — 13; Noes — 2 (Legislators Herrera and McBean-Clairborne). MOTION CARRIED. Ms. Robertson was declared Chair of the Legislature for 2011. At this time Mr. Proto turned the meeting over to Ms. Robertson, Chair. Ms. Robertson thanked the Legislature for electing her Chair. Election of a Vice Chair of the Legislature The next order of business was the election of Vice Chair and Ms. Robertson opened nominations. Mr. Lane nominated Ms. Kiefer as Vice Chair, seconded by Ms. Pryor. Mr. Lane said he began his first term on the Legislature in 1994; Ms. Kiefer also began at that time. He said Ms. Kiefer has 4 January 4, 2011 now served 17 years and has done a fine job. She has shown what a Legislator in Tompkins County needs to do and has done the work without making any complaints. Mr. Lane said she has made a mark on this Legislature as an individual who is dedicated to the protection of the environment and the world. Ms. Kiefer has also been dedicated to good government and making the Legislative process open to the public. Mr. Lane said although he thinks the rotation of positions is good for Tompkins County, he believes the team of Ms. Robertson and Ms. Kiefer should continue for 2011. Ms. Pryor said as a person who is new on the Legislature she has come to appreciate the low-key way in which Ms. Kiefer has helped ease her transition to be a part of the Legislature. Ms. Pryor said the last year has been very difficult on many levels but particularly with the budget. She expects next year's budget to be even harder and looks forward to moving into the year with the same team of leadership that has done a very good job and has been very effective in 2010. Ms. Herrera nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mrs. McBean- Clairborne. Ms. Herrera said Mrs. McBean-Clairborne served capably as Vice Chair in the past and she too, believes a rotation of positions is important. She believes Mrs. McBean-Clairborne possesses all of the qualities Legislators want in a Vice Chair and has ably demonstrated them. She also spoke of Mrs. McBean-Clairborne's good relationship with County department heads. Hearing no more nominations, it was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by vote by show of hands, to close nominations. A vote by show of hands to elect Dooley Kiefer Vice Chair of the Legislature resulted as follows: Ayes - 9 (Legislators Burbank, Chock, Kiefer, Lane, Mackesey, McKenna, Pryor, Robertson, and Stein); a vote by show of hands to elect Mrs. McBean-Clairborne Vice Chair of the Legislature resulted as follows: Ayes — 6 (Legislators Dennis, Herrera, McBean-Clairborne, Proto, Robison, and Shinagawa). Ms. Robertson declared Ms. Kiefer Vice Chair of the Legislature for 2011. Request for Executive Session Ms. Robertson requested an executive session later in the meeting to discuss labor negotiations. Privilege of the Floor by the Public Mr. Proto, District No. 7 Legislator, read the following letter into the record from Lin Davidson, President of Tompkins County Farm Bureau: "Dear Legislators: "I would ask that you set a "users meeting/session " to discuss the Trucking Regulation. Please wait for the affected users to speak before a public hearing is set. 1) Delay isn't going to cause any hardship for the County; 2) Gathering information from other counties would make more sense; 3) The weight limit triggers are way too low as I read this; 4) Consider that Ag commodities will go out but the back haul may be different; 5) Have you heard an opinion from Agriculture and Markets, Department of State? This may just cost taxpayers in legal fees; 6) Sixty million dollars of ag commodities go out of this County and likely 200 million pass through each year. I know you exempt agriculture but how do you enforce what is in the truck? Pull everyone over? 7) Time equals money. We all want to protect roads but they are proposed to be used and users are taxed for their upkeep. 5 January 4, 2011 "Thank you". Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, thanked Mr. Proto for his kind comments earlier about the budget process and his leadership. He said the Budget and Capital Committee had five members who worked well together throughout the year. The Expanded Budget Committee, with the assistance of staff, did a good job given the variety of differences that existed among members. Mrs. McBean-Clairborne, District No. 2 Legislator, welcomed newly elected Sheriff Ken Lansing. She offered her congratulations on his election and said as a Legislator she looks forward to working with him and will provide moral support to help with the transition. Mr. Lane, District No. 14 Legislator, said Governor Cuomo was sworn into office yesterday. He referred to a saying that "no person is safe as long as the New York State Legislature is in session", and thinks this year will be a good example of that. Mr. Lane said there will be a long battle regarding the proposed property tax cap and said there is a great lack of understanding about what a tax cap is. Mr. Lane said it is understandable that people want taxes lowered but many do not know what this means to a municipality such as the County. The County has mandates that require the use of 90 percent of the funds raised from real property taxes just to pay for mandated expenses. This leaves ten percent of those funds along with sales tax revenues to pay for discretionary expenses. He provided maintenance of roads and having Sheriff patrols on the roads as examples of discretionary expenses. Mr. Lane said it will be very important this year to keep up efforts with State Legislators to make sure they understand that service providers at the local level need the support of the state and federal governments. Ms. Kiefer, District No. 10 Legislator, said this Legislature has had lengthy discussions of the TMDL's (Total Maximum Daily Load) for the Susquehanna Basin and announced on December 29 the official TMDL's were promulgated by the EPA (Environmental Protection Agency) and appeared in the Federal Register. The EPA has acknowledged good programs that exist in New York State, particularly for agriculture, so adjustments were made to what the earlier reported requirements were. New York State and all the other states had insufficient implementation plans but in the end New York came out quite well. She said New York State has to work mostly on wastewater treatment plants. Ms. Kiefer said the research Legislators did on this, along with the input from the public did make a difference and also said the EPA did work with each State's delegation to arrive at a much more reasonable approach. The EPA can still step in if the absolute standards are not met but there will be time to work on meeting the standards. Mr. Proto, District No. 7 Legislator, also spoke of the TMDL's and said the work is not done yet and there will still be opportunities for New York State to make adjustments. He said DEC (Department of Environmental Conservation) has been very cooperative and aggressive. On behalf of the Agriculture and Farmland Protection Board he thanked Legislator Pryor for the work she has done on this and said many of the requests to reduce some of the regulations and requirements have been accepted. Mr. Proto congratulated Ms. Robertson and Ms. Kiefer on their re-election to Chair and Vice Chair and said he looks forward to working with each of them in 2011. Ms. Chock, District No. 3 Legislator, congratulated Ms. Robertson and Ms. Kiefer for being re- elected to leadership positions. She also thanked others who put themselves in the running for leadership positions. She agreed with earlier statements describing the good traits of the nominees and said those traits are often what those individuals are known for. She also said she appreciates the good work all Legislators do on behalf of the Committees. Presentation on County's New Web Portal 6 January 4, 2011 Mrs. Covert, Clerk of the Legislature, stated over the last three years the Legislature Office has undertaken, in collaboration, with the Department of Information Technology Services, a process that has transformed the way Legislative documents, including resolutions, agendas and minutes are being produced and distributed. The Legislature Office is now at an important stage in the process where it has launched the public meeting portal that provides access to all Legislative meeting information not only to County staff but the public as well. Mrs. Covert noted this lengthy project could not have been completed without close collaboration among the Legislature Office, ITS, and IQM2. It should be particularly noted that the success of this project is due greatly to the leadership and technical assistance provided by ITS. At this time Greg Potter, Director of ITS, provided an overview of the history of this process: Meeting Management - 2007 A need for change HISTORY • Backlog of Annual Journal of Proceedings (18 years) • Various document types and methods of agenda items being submitted • Non -standardized formats and processes for the development of all Legislative documents (resolutions, agendas, minutes, etc.), often with reliance on individual staff • Excessive time spent on retrieval of records and information • Reliance on paper for distribution of meeting agenda packets • Deadlines for submitting agenda materials were often not met PROJECT ACCOMPLISHMENTS • Completion of Business Process Analysis (BPA) Received NYS Archives grant for $60,160 to implement a records management system; completed RFP and selected vendor - IQM2 • Completed backlog of Journal of Proceedings and digitization of Legislature minutes dating back to 1865 • Installed hardware/software and completed user training • Implemented live use of system on 1/1/2010 • Released web -based portal for staff and public access to all agenda information and minutes • Software administration and daily end user support successfully transferred from ITS to Legislature Office MINUTE TRAQ • Standardized processes and efficiencies in production and distribution of agendas and minutes • Reduction in the use and handling of paper and copying costs • Printing budget 2007: $7,860 Printing budget 2011: $3,687 • Copy Volume 2009: 83,652 pages Copy Volume 2010: 31,220 pages • Alleviated workload pressures has allowed staff to assume additional responsibilities (F&I, PDEQ, TCCOG) • Customized workflow and approval processes, tracking of project -based information and audit trail • Improvements to system for production of Annual Books of Proceedings • Restructuring and improvements for public access to Legislative documents through Public Meeting Portal NEXT STEPS • Identify enhancements in partnership with IQM2 for future software releases • Self -registration by public to receive Legislative agendas and minutes through web portal • Ongoing training and administrative support to staff • Integration with Laser Fiche • Future possibilities: Media Traq, eBoardroom January 4, 2011 Mr. Proto asked if there would be an opportunity to apply for additional funds through the State Archives and Records Administration. Mr. Potter said funding for the New York State Archives Program has been reduced dramatically and entities are now only allowed to submit one application per year. Those applications within Tompkins County are typically submitted by the County Clerk to be used towards more traditional scanning efforts. Ms. Chock said the copy volume reduced is impressive; however, she would like to know if there has been an impact on other staff having to print their own documents. Privilege of the Floor by Municipal Officials No one wished to speak. Chair's Report and Appointment(s) Ms. Robertson made the following statement: "First, to my fellow Legislators, thank you very much for your confidence and support. I look forward to working with each of you again this year. "To our department heads and staff, and Joe, it's a privilege to work with all of you. Thanks to your skill and dedication, I have great confidence that we'll be able to tackle the challenges ahead of us. "Instead of a typical "Chair's report" tonight, I'd like to take a few moments to reflect briefly on 2010 and, especially, look ahead to 2011. At our next Legislature meeting I will announce the 2011 committees and tasks for each group. "It may seem like all we did in 2010 was the budget, but that's not at all true. At our next meeting Joe will present a summary of the county's accomplishments during last year; it's an impressive list. "In 2010 our budget deliberations were more intense and difficult than ever before, but we found bipartisan compromise with a budget that, frankly, requires more of municipalities and offers less to our constituents. In 2010 we made do with 2% fewer employees than in 2009. This year we're shrinking our roster by another 3%, or 26 positions, through retirements and layoffs. "In short, we have been responsible, deliberative, and responsive to our public. But that will probably not get us through the next year, or two or three. We collectively shudder to contemplate what is next, specifically, to contemplate the impact of new cuts and new restrictions from Albany. Counties are an Arm of State Government "More than any other level of local government, counties are an extension of state government. In fact, we are captive to decisions made in Albany. Our co-dependent relationship permeates every program we operate and touches every worker we employ. If it's possible that that relationship could become even more intertwined, it will this year. The elephant in the room is the property tax cap, so we can't talk about our internal, local goals for 2011 without talking about this issue. "Governor Andrew Cuomo has made some important moves in his first days in office to open up state government and increase transparency. He says he will listen to the people. So as part of this Legislature that represents 100,000 New Yorkers, I'd like to offer a few thoughts to our new governor tonight. "First, yes, rebuild the people's trust in government. This was a cornerstone of your inaugural speech, as it needed to be. Without the people's trust, government just doesn't work. 8 January 4, 2011 "As you set out to make change, move boldly but not impetuously. There are good reasons for many state policies and programs, even mandates, and an over -broad sweep may have unintended — and unwanted — consequences. "Your signature idea, consolidation of local governments, is being tried around the state but ifs meeting with very mixed results. Don't get hung up on eliminating layers of government; there are other ways to save money and even improve services, without the political friction of dissolving local governments. Some suggestions: • Tompkins County's new Health Insurance Consortium is a joint venture of all our county's municipalities that will save a great deal of money. Encourage every county to establish a consortium. Allow small businesses and nonprofits to join as well. • Our system of county -wide assessment provides much greater accuracy and consistency, compared to the inefficient and balkanized system in most other counties. It also removes politics from this essential governmental function. It's time to change the antiquated assessment system throughout the state. • "Green" loans: We'd like to get started making loans to property owners to invest in conservation and renewable energy improvements, but state and federal barriers are in the way. Help us overcome these barriers so we can start greening our buildings, saving money for businesses and homeowners, and creating new jobs. "Respect and work with New York's counties. Enable counties to make our own local taxing decisions. Allow us the home rule authority to set local sales and other local taxes, up to established limits, without requiring Albany's approval every year or two. And please: don't balance the state budget simply by shifting costs to us. "Now, about that property tax cap. Make no mistake, we agree that property taxes are too high. But a simple property tax cap will leave in place the inequities of our system, which relies on that regressive tax to pay for public schools and health care for the poor. There is a fundamental difference between the state paying for a service and local governments paying for it. In New York the state is the only entity that collects income tax, so a person pays state taxes according to their ability to pay. This is not true for property tax, and is at the core of why people believe it is so unjust. And why it is so unjust. In its December 21 editorial the New York Times said "The Legislature enjoys passing laws without giving locals the money to pay for them." Only when New York State takes full financial responsibility for its own decisions — for its own mandates — will the injustice of property taxes be relieved. "In that editorial, the Times urged you, Governor Cuomo, to focus on the underlying reasons property taxes keep rising, rather than push a feel -good cap that will devastate our counties and schools. I couldn't agree more. "During the campaign you talked constantly about a tax cap but rarely about mandate relief. In your first days in office, you have been quoted as favoring a cap with mandate relief. That is certainly good news to counties, but please define "mandate relief'! Rather, please invite counties to work with you on this absolutely critical question. As NYSAC's Commission on Medicaid documented, these problems cannot be solved without counties at the table. "Because of these mandates — created, designed, and regulated in Albany — counties cannot control the majority of their budgets. NYSAC has documented that nine major mandates account for 90% of county property tax levies around the state. A tax cap without mandate relief ignores the causes of high property taxes and is irresponsible and hurtful to the people of New York. "Without mandate relief, a tax cap would force us to pay for the spiraling costs of state -mandated programs and pensions by cutting locally important services that aren't mandated. 9 January 4, 2011 "Who would care? Wouldn't our citizens be delighted that their property taxes would be controlled? "Well, let's see what such a cap would really mean. Because of growing mandate costs, we had to cut about $2 million from our 2011 budget just to keep our levy under 6%. If we'd had a 2% cap, we would have had to cut another $1.5 million from our local spending. "Some examples of how we could have met the cap: in addition to the cuts we did make, eliminate all funding for public transportation, the Human Rights Commission, the Human Services Coalition, and the programs that serve at -risk kids in rural parts of the county. Or, we could have cut our Highway budget by another 37%, or our Sheriffs Patrol by 40%, or the public library by 65%. "Would our residents cheer at those choices? Is that what they want? I don't think so. "About the mother of all mandates, Medicaid, we have to talk. About half the states require their counties to contribute something to Medicaid, but all far less than New York. There is wide variability across counties, but if you calculate the per capita cost on average, the counties' share in Florida works out to a penny per person. In California that figure is $27/person. In New York, each person pays $368 for Medicaid through county property taxes on average. There is something seriously, structurally wrong with this picture. "We know that private and public health insurance costs are linked. Medicaid is expensive because the costs of all health insurance and health care itself are high. How should we address this underlying reason our biggest mandate is so expensive? "As our intermunicipal Health Insurance Consortium has shown, the bigger the group, the broader the base on which to spread the costs, and the lower the cost for each individual. Let's take that simple idea to its logical conclusion: single payer for New York. At Governor Spitzer's request, the Urban Institute studied four models of insurance, and Governor Paterson released their report in July of 2009. The headline was buried but we need to resurrect it: A single payer system for New York State would save the state $20 billion a year by 2019. We cannot afford to ignore any possible solution to our problems, including this one. "However, this gets us back to the beginning of my message to you, Mr. Governor. New Yorkers have to be able to trust that their government is competent and honest, and has their collective best interests at heart. While I personally believe that single payer could transform New York, and that this could be the right moment to embark on that transformation, the work to rebuild trust must happen first. "In "honor" of our relationship, and in the hope of influencing decisions made 160 miles from here, I humbly offer these thoughts as you begin your tenure leading our state. "P.S. Governor Cuomo, the topic of gas drilling will need a whole letter of its own. "To my fellow legislators: Thank you again for your support; I pledge to do all I can to lead with renewed focus and energy. We have a lot on our plates this year, but there is plenty of talent, compassion, and smarts among us to address the challenges we face. Let us forge ahead together. Thank you." Report from the County Administrator Mr. Mareane had no report. Report from the County Attorney 10 January 4, 2011 Mr. Wood had no report. Report from the Finance Director Mr. Squires said every town within Tompkins County except Enfield has an interest in an auction being held this weekend. He said a local investor has purchased 22 properties in the County, which are primarily vacant and unusable properties; he noted 20 of the 22 properties purchased are on the foreclosure auction list, with an unpaid tax amount of $44,000. He said if these properties are not sold at auction there will need to be discussion by the Legislature about how to proceed because 65% of that amount represents monies the County has paid to municipalities on those taxes. He placed a list on file with the Clerk of the Legislature of properties that will be sold at the foreclosure auction. Report from Sheriff Kenneth Lansing Sheriff Lansing said he is very excited to be working with the Sheriff's Department staff and has already been implementing ideas that have been presented to him. He thanked Legislators who took time after the election to meet with him and said he looks forward to continued discussions and a smooth transition. He announced he has appointed Derek Osborne to the position of Undersheriff and Bob Lampman to Senior Investigator. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Services Board Patricia O'Rourke — Village of Lansing representative; term expires December 31, 2012 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-1: To Amend Resolution No. 6 of January 19, 2010 - Determination and Certification of County Clerk's Allowance - Annual Expenses for Administering Mortgage Tax (DOC ID: 2376) It was MOVED by Mr. Proto, seconded by Ms. Herrera, 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 11 January 4, 2011 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 $194,589 per annum to $211,970 per annum, and WHEREAS, the Finance Director has conducted a cost analysis and has recommended that the allowance for the treasurer's expense for administering the mortgage tax be set at $15,000 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $211,970 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 $226,970 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 ********** Resolution 2011-2: Delegation of Authority to Authorize Certain Tax Refunds and Credits of $2,500 and Under (DOC ID: 2369) It was MOVED by Mr. Proto, seconded by Ms. Herrera, 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 increase efficiency in processing said refunds and therefore beneficial to the taxpayer, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Director of Assessment shall transmit corrections and/or refund recommendations to the County Administrator, RESOLVED, further, That the County Administrator is hereby authorized to allow payments of bills where recommended refund or credit is $2,500 or less, without prior audit by the tax -levying body, in compliance with Paragraph 9 (a), (c) of Section 554, and Paragraph 8 (a), (c), (d), and Paragraph 9 and 10 of Section 556 of the Real Property Tax Law, RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins County Legislature pursuant to Paragraphs 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law, except for refunds amounting over $2,500 as a result of Real Property Tax Law Article 7 litigation ordered by the New York State Supreme Court, RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the corrections and refunds processed, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2011. SEQR ACTION: TYPE II -20 * * * * * * * * * * Report from the Facilities and Infrastructure Committee 12 January 4, 2011 Ms. Kiefer, Chair, reported the Committee will meet on January 7th and will hear a presentation by Highway Division staff on the Hanshaw Road project. Resolution 2011-3: Authorizing a Public Hearing on Proposed Local Law No. 1 of 2011— Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Commercial/Industrial Traffic that Would Materially Injure County Roads (DOC ID: 2308) MOVED by Ms. Kiefer, seconded by Mr. Lane. Ms. Kiefer said this project has been under discussion for over a year; all Legislators agree that it is important that localities do something to prepare for what could be heavy industrial use from hydrofracking if natural gas drilling activity comes to New York State. She said there are various ways to protect roads, however, State law divides things into fractions and makes it difficult to address matters in a sensible way. Ms. Kiefer said the County Attorney has worked with the Tompkins County Council of Governments (TCCOG) and other attorneys to come up with an action the County could take. She asked Mr. Wood to provide further background and context. Mr. Wood explained the history behind this, stating the issue began to surface because of the hydrofracking activity and the release of the draft Generic Environmental Impact Statement. He said there has been great concern by local municipalities about the effect of the traffic generated by this activity, particularly on smaller roads. Mr. Wood said the State law on gas drilling (and mining) both reserve all rights to permit to the State. However, the law leaves out roads and provides municipalities with the right to govern their own roads. He said there were questions raised about whether counties could create their own local laws to protect roads from this type of traffic and a subgroup of TCCOG began meeting to come up with ideas of how to deal with this issue. Following discussion of several versions of a local law and consultation with the State Association of Towns, Mr. Wood said he has a drafted a version of a law that is similar to an existing State law. This law closely follows the State law that allows a County Highway Manager to close a road to high-volume traffic on a temporary basis and then allow permitting for exclusions. Mr. Wood said this is as good an attempt to protect roads in the County from damage that could happen from fracking or other activities that involve a lot of traffic. He noted the law only covers high-volume, high -frequency truck traffic. This is defined as trucks over 20 tons that have more than ten trips per day for more than three days a week. He also noted that agricultural activities are excluded. Mr. Shinagawa thanked Mr. Wood for his work on this. He noted that the intent of this local law is to protect the public roads from damage caused by gas drilling activities. He provided examples of the type of weight that would be traveling on roads. He said a single truck can weigh between 41,700 to 75,060 lbs. The average well takes 3-8 million gallons of water in order for the hydrofracking well to be created; this results in 600-1,600 trips by these extremely heavy vehicles. Mr. Shinagawa said it makes very good sense for the County to create a permitting system for this. Ms. Pryor spoke of the e-mail from Lin Davidson and said she spoke with him this afternoon. She shared information with him that she thinks helped to alleviate some of his concerns. She assured him after consultation with Mr. Wood, that anything that has over time, been a part of agriculture operations would be excluded. Mr. Davidson had been under the impression that this would exclude drilling activities and was reassured when he learned it did not. Mr. Stein said he supports the intent of this local law, however, expressed concern over the costs that may be incurred by defending a lawsuit against parties with "very large pockets". He suggested municipalities and counties join together and adopt the same law. Ms. Kiefer noted that the other municipalities have been waiting quite a while and it is her understanding that TCCOG now encourages the County to move forward. 13 January 4, 2011 Mr. Wood said several municipalities within Tompkins County have joined together and are working with a law firm in Albany but have not yet drafted a law. He said adoption of this local law would not preclude Tompkins County from joining with other counties at a later time. Mr. Proto suggested postponing action on this in order to schedule a meeting with stakeholders to allow time for anyone who may be interested in this to ask questions. Mr. Lane said the Government Operations Committee spent time listening to the concerns of the agricultural community through a report from the Agricultural and Farmland Protection Board. The Committee recommended the change in the law that specifically exempted all agricultural activities. The Committee also met with Don Barber, Tompkins County Chair of the Council of Governments, and Jason Liefer of Dryden, who urged the County to take the lead on this and get a law in place. Mr. Barber reported on a trip he took to Pennsylvania where gas drilling is taking place; municipal officials from that area recommended being proactive about this rather than reactive. Ms. Chock noted this resolution sets a public hearing and does not adopt a law. She thinks this is a good way to distinguish non-agricultural, commercial, and industrial activity that is related to the ongoing economic base of the County from the kind of activity that puts undue and unusual stress on local roads. She also noted this can catch non -regular activities, including large-scale construction. Ms. Chock supports the resolution and said it is important to obtain feedback from those who would be affected. Ms. Herrera said she is reluctant to postpone action on this because of the strong community support. She said the efforts behind this have been transparent and believes a good job has been done in pooling together stakeholders. She asked if the County would have the ability to require bonding and how that would work. Specifically, she asked how a municipality or entity would be assured their bonding requirement is fair and reasonable. Mr. Wood said the law does not specifically authorize bonding; it states there can be appropriate terms and conditions of the permit of which he believes bonding would be one. He said the intent of the law is to protect the roads from what could be potential damage based on potential traffic; a determination of the cost of potential damage would be the amount of the bond. Ms. Robertson noted this local law would only empower the Highway Manager to develop a process that would be reviewed by the appropriate committee and other steps would need to be taken for implementation to occur. Ms. Pryor said she is sensitive to the fact that this is receiving attention in the community and although she would like to see this move forward as quickly as possible, does not think it is unreasonable to postpone action to February lst to allow an informational session to be held. It was MOVED by Ms. Pryor, seconded by Ms. Chock, to amend the resolution to hold the public hearing on February 1, 2011, Legislature meeting. It was MOVED by Mr. Proto, seconded by Mr. Stein, to amend the amendment to February 15, 2011. Mr. Lane Called the Question, seconded by Mr. Burbank. A voice vote on Calling the Question resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote on the amendment to the amendment resulted as follows: Ayes — 6 (Legislators Chock, Dennis, Kiefer, McBean-Clairborne, Proto, and Stein); Noes — 9 (Legislators Burbank, Herrera, Lane, Mackesey, McKenna, Pryor, Robertson, Robison, and Shinagawa). AMENDMENT FAILED. 14 January 4, 2011 It was MOVED by Mr. Lane, seconded by Mr. Burbank, to Call the Question. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator McBean-Clairborne). A voice vote on the amendment to hold the public hearing February 1, 2011, resulted as follows: Ayes — 11, Noes — 4 (Legislators Dennis, Herrera, Lane, and Proto). AMENDMENT CARRIED. Mr. Dennis Called the Question, seconded by Mr. Robison. A voice vote on Calling the Question resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and Kiefer). THE QUESTION WAS CALLED. A voice vote resulted as follows on the resolution as amended: Ayes — 13, Noes — 2 (Legislators Dennis and Proto). RESOLUTION ADOPTED. WHEREAS, the County desires to maintain the safety and general welfare of County residents by regulating heavy commercial uses of County roads that have the potential to adversely affect such roads, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and Government Operations Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on February 1, 2011, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2011 - Amending the County Code, in relation to road preservation by temporarily excluding certain commercial/industrial traffic that would materially injure County roads. 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 11-20 * * * * * * * * * * Report from the Capital 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 he serves as liaison to the Library Board of Trustees. He said two members (Hank Dullea and Nathan Fawcett) have stepped down from membership because they have served the maximum number of consecutive terms allowed. The Board has elected officers for 2011: Michael Stamm, Chair; Marcy Rosenkrantz, Vice Chair; John Vineyard, Treasurer; and Eric Acree, Secretary. Resolution 2011-4: Establishing 2011 Meeting Dates (DOC ID: 2370) MOVED by Mr. Lane, seconded by Mr. Dennis, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Government Operations Committee, That the 2011 regular meetings of the Tompkins County Legislature are as follows: Tuesday, January 18, 2011 at 5:30 p.m. Tuesday, February 1, 2011 at 5:30 p.m. Tuesday, February 15, 2011 at 5:30 p.m. Tuesday, March 1, 2011 at 5:30 p.m. Tuesday, March 15, 2011 at 5:30 p.m. Tuesday, April 5, 2011 at 5:30 p.m. Wednesday April 20, 2011 at 5:30 p.m. (Tuesday, April 19, is Passover) 15 January 4, 2011 Tuesday, May 3, 2011 at 5:30 p.m. Tuesday, May 17, 2011 at 5:30 p.m. Tuesday, June 7, 2011 at 5:30 p.m. Tuesday, June 21, 2011 at 5:30 p.m. Tuesday, July 5, 2011 at 5:30 p.m. Tuesday, July 19, 2011 at 5:30 p.m. Tuesday, August 2, 2011 at 5:30 p.m. Tuesday, August 16, 2011 at 5:30 p.m. Tuesday, September 6, 2011 at 5:30 p.m. Tuesday, September 20, 2011 at 5:30 p.m. Tuesday, October 4, 2011 at 5:30 p.m. Tuesday, October 18, 2011 at 5:30 p.m. Tuesday, November 1, 2011 at 5:30 p.m. Tuesday, November 15, 2011 at 5:30 p.m. Tuesday, December 6, 2011 at 5:30 p.m. Tuesday, December 20, 2011 at 5:30 p.m. (Hanukkah begins at sundown) SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee will meet tomorrow. Mr. Dennis said he would like a Legislature committee to take a look at the IDA (Industrial Development Agency) bylaws. He said revisions were made in 2008 that he does not recall being voted on by this body. Report from the Budget and Capital Committee Mr. Dennis, Chair, thanked Legislature staff for their assistance during the Expanded Budget Committee process. He said a meeting will be held on January 10th only if agenda items are submitted. Report from the Public Safety Committee Mr. Shinagawa, Chair, reported the Committee has not met since the last Legislature meeting. At the next meeting the Committee will hear a report from Gwen Wilkinson, District Attorney. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on January 26th Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet on January 12th. Agenda items include the Certified Home Health Aide program and discussion of the review committee's recommendation. He said a year and a half ago the County approved $300,000 for the City Van project; the Committee has asked for a written report on how that is going and he expects to receive this at the next meeting. Recess Ms. Robertson declared recess from 8:12 p.m. to 8:17 p.m. Executive Session 16 January 4, 2011 It was MOVED by Mr. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote, to enter into executive session at 8:17 p.m. to discuss labor negotiations. The meeting returned to open session at 9:15 p.m. Adjournment On motion, the meeting adjourned at 9:15 p.m. 17 January 18, 2011 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. Moment of Silence Ms. Robertson asked for a moment of silence in memory of the many lives lost: the four people who lost their lives on our highways in this County, and the six people killed in Tucson, Arizona, on January 8th and to honor those who were injured in that shooting and who risked their own lives to subdue the shooter and help the victims. She also asked to reflect on President Obama's charge: "to do everything we can to make sure this country lives up to our children's expectations". Appointment of 2011 Poet Laureate Mr. Bossard of the Community Arts Partnership expressed appreciation to the Legislature for honoring the role of Poet Laureate in Tompkins County since its inception in 2001. He said numerous nominations were received for this position and following review by the nominating panel they chose Ms. Holst-Warhaft, whose ideas of how to assist in the community, including participation by immigrants, resonated with the committee. Ms. Robertson appointed Ms. Holst-Warhaft as the 2011 Poet Laureate. Ms. Hoist-Warhaft said Ithaca is "one of the most fortunate cities in the United States" in terms of poetry, with a lively local poetry scene and nationally acclaimed poets on the faculty at both Cornell and Ithaca College, who have inspired hundreds of young poets. She will work to build greater interaction between the local poetry scene and poets who teach at the colleges, organize events combining poetry and music, showcase the poetry of immigrant communities in the County, support the efforts of Ithaca City of Asylum to keep Ithaca a refuge for persecuted writers, and work with the Ithaca school district to bring poets into the schools. She shared a poem entitled, "The Cost of Lingering" based upon Ithaca's sister city in Greece. Chair's Report Ms. Robertson requested an executive session to discuss personnel matters at the end of regular business. Privilege of the Floor for the Public No one wished to speak. Privilege of the Floor for Municipal Officials There were no municipal officials present. 18 January 18, 2011 Privilege of the Floor for Legislators Mr. Shinagawa, District No. 4 Legislator, said he regretted not being able to participate in the many events that took place celebrating the Martin Luther King, Jr., holiday. He reported having met with Dr. Brown, Ithaca City School District Superintendent, at the Youth Bureau event and he is in awe of how Dr. Brown spoke with purpose on his engagement with the community and schools. Last week he heard President Obama's speech and spoke to others about it. While at the airport, he read the speech repeatedly and in doing so realized how easy it is to be caught up in political language of "us" versus "them". He said he is going to strive to have civility and to speak constructively, with an understanding that Legislators are public servants. Ms. Kiefer, District No. 10 Legislator, announced the League of Women Voters is holding two sessions dealing with the State's redistricting. The sessions will be held at 1:30 p.m. to 3:00 p.m. and 7:00 p.m. to 8:30 p.m. on January 26th at the 2nd floor of the Unitarian Church. Ms. Pryor, District No. 6 Legislator, reported hearing the State is cutting two programs effective March 31s` that will impact the dairy industry. The one program, Pro -Dairy, has offered tools that have assisted dairy farmers, particularly the smaller farms, to remain competitive. The second program, Integrated Pest Management, deals with insects, plant diseases, weeds, etc., using methods that help keep health and environmental risks as low as possible. County Administrator's Presentation — 2010 Major Accomplishments Mr. Mareane provided a PowerPoint presentation that highlighted 2010 major accomplishments by County Departments and Divisions. He said that during a year with unprecedented challenges it is amazing how many good things happened within the County. He noted the presentation is a small subset of a larger list of 2010 accomplishments, and he will provide hard copies to Legislators as well as making the list available on the County website. Mr. Mareane said that in almost every case, the work completed was a collaborative effort, showing the staff's consciousness of the importance of working with others. Mr. Mareane and Ms. Robertson offered congratulations to staff for their accomplishments. In response to Ms. Pryor's request for information on reductions in the workforce, Mr. Mareane said he would provide a report on the changes in the employee roster over the last couple of years. Chair's Report and Appointment(s) Ms. Robertson read the following statement and appointments of standing and special committees for 2011: COMMITTEE ASSIGNMENTS AND APPOINTMENTS "Goals for 2011: Unfortunately, our overriding concerns will be with our budget, the continuing mandated services we must provide, and our relationship with Albany. We will step up our advocacy with our representatives in the Capital, including New York State Association of Counties, as well as increase our communication with the public on these issues. "As the property tax cap and other issues play out in Albany, we have to articulate and move ahead on our own local goals for 2011. "Many thanks to Dooley for working so closely with me on these assignments, and to almost all Legislators for taking time for in-person meetings with us. I'd like to note that there is a lot of continuity with the 2010 committees, with a few key changes. In alphabetical order, the committees will be as follows. I've included some suggestions for each group as you plan your work for 2011: 19 January 18, 2011 "Budget, Capital, and Personnel — Dennis (Chair), Shinagawa (Vice Chair), Herrera, Mackesey, Robison • I've added "Personnel" to the committee's name to highlight the special responsibility I'm asking Nathan to assume as VC, to focus on Personnel issues. I've talked with Jim, Nathan, and Leslyn about several issues to tackle in 2011, especially the need to make real progress in diversifying our workforce. Nathan has also asked to join Workforce Diversity and Inclusion Committee, so the connection there will be enhanced. • It is one of Joe's major goals this year to take a fresh look at our budget process and our supporting documentation, so the Budget Committee will work with Joe and Kevin on this challenge. • Continue review and revision of Administrative Manual Policies under the committee's purview (e.g., Finance, Personnel). • Involve staff at all levels to find ways to be even more efficient and save money. We can't afford to miss any good ideas. "Facilities and Infrastructure - Chock (Chair), Kiefer (Vice Chair), Lane, McBean-Clairborne, McKenna • Improve communications with the public about road and other construction projects (website, checklist for public involvement, timeline). • Consider alternatives to asphalt. • Evaluate the new pilot organizational structure in the Public Works divisions, where the division managers report to the County Administrator rather than to a Commissioner. If the structure is deemed successful, determine whether Charter changes are required to reflect the change. "Government Operations - Lane (Chair), Kiefer (Vice Chair), McKenna, Pryor, Stein • The big job this year will be redistricting. I'm confident that Mike and the committee will define a process that is transparent and inclusive, and will involve other municipalities and the public. This time around, we should establish an independent body to do this work, to recommend district lines to us, and even consider how many legislators we should have. It is ultimately our responsibility to approve the new districts. We have never before brought together an independent group to advise us on this important task, so GO will be breaking new ground. • Committee should continue with policy updates, spearheaded by Paula Younger. • Review advisory boards on issues around diversity of members, term limits, and filling vacancies. "Health and Human Services - Proto (Chair), Burbank (Vice Chair), Dennis, Herrera, Shinagawa • Concerning Medicaid and other mandates, participate in process of advising New York State and New York State Association of Counties. • Oversee the County Office for the Aging move and orientation of a new director of Public Health. • Make a recommendation to legislature on the Certified Home Health Agency. • Work with municipalities on a new partnership structure for youth programs. "Planning, Development, and Environmental Quality - Mackesey (Chair), Chock (Vice Chair), Burbank, Proto, Pryor • Economic development — Greater engagement with Workforce Investment Board, Tompkins County Area Development, One -Stop Center, and others involved in creating jobs and supporting economic activity. 20 January 18, 2011 • Gas drilling — With our advisory boards and our Park Foundation planner, continue to guide county's response to state and federal legislation. Continue to help county and our fellow municipalities to prepare locally. • Tourism — oversee integration of new director and monitor the relationship with STPB. • New "green" initiatives throughout county operations, together with other community partners. "Public Safety — Stein (Chair), McBean-Clairborne (Vice Chair), Dennis, Mackesey, Robison • Work with new sheriff as he acclimates to his new job. • Review data on speeding on county roads; develop ideas to mitigate the problem. • Day Reporting — Oversee transition to reduced funding and possible relocation. • 911 Center — Consolidate improvements attributable to technology. "One special committee, again this year: "Capital Plan Review Committee - Robertson (Chair), Kiefer (Vice Chair), Herrera, Lane, Proto • Work with consultant and make recommendation to the full Legislature regarding a new Center of Government. If business case is strong, consider issues of location, and whether we should partner with any other entities. Recommend whatever steps are necessary. • Continue to evaluate space needs for our downtown programs in the short-term, and make recommendations for change, as needed. Develop a good basis for knowing what our future investments should be. • Consider how to use "other half' Carpet Bazaar. • Work with Ed Marx in his review of 20 -year capital plan. "In addition to these committees, I am very pleased that Leslyn has agreed to chair the Workforce Diversity and Inclusion Committee again, with Kathy Luz Herrera and Pat Pryor continuing as committee members. As I noted earlier, Nathan will join Workforce Diversity and Inclusion Committee as well. In addition, Pat will continue as chair of the Broadband Committee, and I would like to appoint Dave McKenna as Vice Chair. "A word about liaison roles: We all benefit from the many interactions we have as liaisons to various community groups and the county's many advisory boards, and we all understand how much time these roles can take. So I ask you to be as generous as possible with your time in filling these positions. This may mean that you'll be asked to be a liaison even if you're not on the committee that oversees that board. I hope we can share the work; so when Frank comes asking for you to volunteer for something, please say yes. As the 2011 roles are being sorted out, please continue to attend meetings according to your 2010 assignments so we won't have a gap. Thank you." Ms. Robertson requested that after the meeting Legislators break into the committee groups to schedule meeting times for 2011. Ms. Robertson thanked Legislators for all that they do on behalf of our residents and said she looks forward to taking on these challenges together in 2011. Mr. Shinagawa thanked Ms. Robertson and Ms. Kiefer for the time taken to talk to Legislators. He wished Ms. Chock and Mr. Stein well in their positions as Chair of their Committees. In response to Mr. Proto's request for a copy of the statement, Ms. Robertson said she will provide Legislators with the information and noted the goals are suggestions to the Committees and that the Chairs of the Committees would direct work. 21 January 18, 2011 Ms. Robertson announced she would be scheduling a meeting of Committee Chairs to discuss how meetings should be directed and setting agendas, etc. Report from the County Administrator Mr. Mareane said the Legislature retreat is scheduled for January 24th from 7:00 p.m. to 9:00 p.m. The focus of the retreat will be on the budget, including the process, as well as discussing legislative process and suggested improvements. Over the past year the County has asked New York State to provide the County with mortgage recording tax authority. He has corresponded with State Legislators requesting this action be advanced and that consideration be formally acted on to do so. If it is approved the matter would come back to the Legislature for home rule verification. He has also requested the State consider acting on municipal actions early in their sessions rather than later. Ms. Robertson said she is scheduling meetings with State representatives to reinforce Mr. Mareane's request as well as discussing the possible property tax cap. Mr. Proto complimented Mr. Mareane on the 2010 accomplishments. In response to Mrs. McBean-Clairborne's question, Mr. Mareane said that items for the presentation were submitted by departments. He will provide copies of the presentation to the Legislature. Mr. Lane asked if the State could request the County Legislature to act on another resolution regarding the mortgage recording tax. Mr. Mareane said it was passed in the State Assembly in December and introduced in the Senate; however, he will make inquiries to the appropriate State personnel to determine if County action is necessary. Ms. Chock noted there were over 19,000 bills followed in Albany and that action may require a lot of effort to have the State change their process. Report from the County Attorney Mr. Wood reported that many years ago the County decided to participate in a class action lawsuit against companies overcharging for drugs. Although the payments have not been significant over the years, he reported the County received a settlement check in the amount of $30,540.20 and anticipates there will be more payments in the future. He reported on the risk -management funds, which are set aside to cover possible judgments and claims against the County and outside attorney fees, and said 2010 was a good year with only $157,248 spent in 2010. During 1992-1994 payments were at least $500,000 each year. Mr. Wood said the reduction could be due to milder weather that resulted in fewer accidents. Report from the Finance Director Mr. Squires provided Legislators with updated information on properties subject to foreclosure proceedings. The number of properties on the list has decreased from 155 in October to 34 and of the over $1.1 million in outstanding taxes and fees, now approximately $250,000 is outstanding. He said receiving the funds helped with end of the year County cash flow, particularly since New York State has not been able to provide reimbursements that are due. Mr. Squires reported aggregate sales tax receipts for the County were up 3.83 percent. The County's share of this increase shows approximately 4 percent growth, which is higher than the estimated 3.25 percent budgeted and provided $355,000 additional revenue for the County budget. He noted the amount is small and does not provide substantial budget relief. 22 January 18, 2011 Ms. Chock asked if the City of Ithaca property referred to as "Tompkins County Alley" had been paid. Mr. Squires reported that the approximately 20 properties owned by the individual, including the noted property, have been paid. Mr. Dennis said one percent of the budget translates to $380,000, making the increase in sales tax less than one percent. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Soil and Water Conservation District Daniel J. Carey - term expires December 31, 2013 Substance Abuse Subcommittee Amie Hendrix — Community Member representative; December 31, 2013 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 January 5th, with most of the Committee's business reflected on the agenda. The Committee was informed that Jean Leccese, Senior Planner, would be leaving the County's employ. She noted Ms. Leccese has been a great asset in the Planning Department and that she has taken a position as Healthy Communities Coordinator Project. Ms. Mackesey said that Mr. Marx, Commissioner of Planning and Public Works, reported that a person will be hired to work with the Strategic Tourism Planning Board. Resolution 2011-5: Negative Declaration Regarding Authorizing the Disbursement of Housing Fund Funding (DOC ID: 2399) It was MOVED by Ms. Mackesey, seconded by Mr. Burbank. Ms. Mackesey reported the resolution is a result of the housing coalition among the City of Ithaca, Cornell University, and the County. The resolution would approve two projects, one for an eighty -unit project in the Village of Lansing, and one that would involve seven owner -occupied homes in the City of Ithaca. Ms. Chock said she would be abstaining on the resolutions relating to the project due to her husband's position as Director of Ithaca Neighborhood Housing Services. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Abstain — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 2009-31, 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 23 January 18, 2011 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 project listed as the INHS Chestnut Street Parcels (part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project), and WHEREAS, the City has determined the INHS Chestnut Street Parcels (part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project) to be an Unlisted Action with a Negative Declaration, and RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the authorization of Housing Fund disbursement and the subsequent construction of the project 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 INHS Chestnut Street Parcels (part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project), 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: Negative Declaration and Short Environmental Assessment Form (EAF) on file with the Clerk of the Legislature * * * * * * * * * * Resolution 2011-6: Authorization to Disburse County Funds Pertaining to the Housing Fund (DOC ID: 2398) It was MOVED by Ms. Mackesey, seconded by Ms. Pryor. Ms. Mackesey said the resolution had been amended to reflect that Lansing was not required to be part of the State Environmental Quality Review process. Ms. Robertson noted that Ms. Chock would again abstain from the vote. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Abstain — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 2009-31, authorized funding for the Community Housing Affordability Program and the Community Housing Trust Program, 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. 2009-31, 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 July 9, 2010, and 24 January 18, 2011 WHEREAS, two applications were received and reviewed by the Application Review Committee, which made formal funding recommendations for funding to the Housing Fund Program Oversight Committee, and WHEREAS, the Program Oversight Committee accepted and recommended the following two nronosals receive funding as indicated in the table: Applicant Project Dollar Amount Recommended Number of Units Location INHS (Ithaca Neighborhood Housing Services) INHS Community Housing Trust: New Construction/Substantial Rehabilitation $140,000 (grant) 7 owner- occupied units City of Ithaca Better Housing for Tompkins County Lansing Reserves $75,000 (loan) 80 unit multi- family Village of Lansing and WHEREAS, Tompkins County is authorized to serve as fiscal agent for the Housing Fund, by Resolution No. 2010-74, and WHEREAS, the City of Ithaca CEQR review process has been completed for the INHS Chestnut Street Parcels (4 units that are part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project) with a Negative Declaration determination, and WHEREAS, the remaining three units of the INNS Community Housing Trust: New Construction/Substantial Rehabilitation Project and the Lansing Reserve funding are Type II actions requiring no further SEQR review, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is authorized to continue to serve as the fiscal agent for the Housing Fund and enter into an agreement with the City of Ithaca and with Cornell University to accept funding for the INHS Community Housing Trust: New Construction/Substantial Rehabilitation project and the Lansing Reserves project, RESOLVED, further, That Tompkins County concurs with the City of Ithaca CEQR Negative Declaration determination for the INHS Chestnut Street Parcels, 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 $70,000 in HUD (Housing and Urban Development) 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 make budget adjustments as necessary to implement the actions identified in this resolution. SEQR ACTION: UNLISTED (INHS Chestnut Street Parcels: 4 units that are part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project) TYPE II 9 (3 scattered -site units that are part of the INHS Community Housing Trust: New Construction/Substantial Rehabilitation Project) TYPE II - 21 (Lansing Reserve Project) ********** Appointment to the Strategic Tourism Planning Board It was MOVED by Ms. Pryor, seconded by Ms. Chock. Ms. Herrera noted the Committee vote was not unanimous and asked for an explanation. Ms. Mackesey said there had been concerns regarding the process of Mr. Joseph's appointment. Some members had believed the application had been 25 January 18, 2011 submitted after the deadline and concerns expressed that the nominating board felt pressured. The Committee was told that during a previous review of applications for a vacancy, Mr. Joseph was not considered and his application was held on file for future openings, which resulted in his recommendation at this time. In response to Mrs. McBean-Clairborne's question, Ms. Chock said persons of color are represented on the Strategic Tourism Planning Board. A voice vote resulted as follows: Ayes — 13; Noes — 2 (Legislators Proto and Pryor). APPOINTMENTS APPROVED. Strategic Tourism Planning Board Name Scott Wiggins Paul Tatar Jon Reis Stuart Stein Marrie Neumer Todd Miner Tim Joseph Anne Kellerman Sue Perlgut Gary Stewart Seat Lodging Recreation Arts/Culture At -large Arts/Culture At -large At -large At -large Arts/Culture Cornell University Term Expiration December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2012 December 31, 2012 December 31, 2013 * * * * * * * * * * Report from the Capital Plan Review Committee Ms. Robertson, Chair, said the Committee has not met. Information from Facilities Director, Arel LeMaro, about the Mental Health and Human Services Buildings space study reports will be discussed at a meeting later this month. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee will meet on January 20th and will be discussing redistricting, with Common Council Member, Dan Cogan, regarding information on the City's redistricting plans. In response to Mr. Proto's question on the Committee's redistricting work, Mr. Lane said a list of potential volunteers to serve on a special Redistricting Commission is being compiled. The Committee would like to have a total of 20-25 names to select nine to twelve members from. He asked the Legislature to provide him with any suggestions for the list. Mr. Proto asked if any Legislators would be members of the Commission. Mr. Lane said the Committee has not yet determined the makeup of the Commission. Mr. Lane responded to Mr. Proto's question about a public information meeting on the proposed Road Preservation Law and said it is being planned and a date would be announced. In response to Ms. Robertson's comment, Mr. Lane said the Committee would bring forward a resolution to create the Redistricting Commission to the full Legislature for consideration. Ms. Pryor suggested Mr. Wood be asked to attend the public information hearing on the proposed Road Preservation Law. In response to Mr. Burbank's comment about the number of vacancies on advisory boards, Mr. Lane said he was not aware of all the vacancies, but that the Committee has discussed reviewing how 26 January 18, 2011 appointments are structured and whether there should be uniform requirements. He believes the vacancies may be due to the lack of volunteers. Mrs. McBean-Clairborne noted any review of advisory boards should also address diversity. Report from the Budget and Capital Committee Mr. Dennis, Chair, said the Committee will meet on January 24th and that he would like to maintain the 2010 schedule for meetings. He noted that all were welcome to attend the budget retreat at 7:00 p.m. on January 24th. Report from the Public Safety Committee Mr. Shinagawa, Chair, said the Committee has not met. He will be sharing information on the 2010 work with Mr. Stein, the new Chair of the Committee. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee would meet on January 26th at 3:00 p.m. for a work session. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, said the Committee met on January 7th with items reflected on the Legislature agenda. The Committee was informed the Public Health Director search is moving forward and it is hoped to have a candidate for the position in the near future. Mr. Proto acknowledged the efforts of Deputy Personnel Commissioner Steve Estes in the search process and said the Search Committee will be meeting the end of the month. With regard to the resolution awarding the bid for the Certified Home Health Agency review, he noted three organizations responded and that the chosen firm was a unanimous decision. It is anticipated the results of the review would be available in March. The Committee was provided an interim report on the CityVan program that utilizes Job Access/Reverse Commute (JARC) funding. The program has experienced an increase in participants, reducing the cost per ride to $18. He noted that it seems high compared to the cost of standard TCAT transportation. Funding for this program is being provided through the Department of Social Services (JARC) and is less expensive for their clients than using vouchers for a taxi. The Committee reviewed 2010 accomplishments by the various departments and he noted they were very impressive. He announced that Mr. DeLuca, Mental Health Commissioner, is back from his leave on a part-time basis. Mr. Proto requested the Committee continue the same schedule of the second Wednesday of the month for their meetings in 2011. He said Ms. Leccese, of the Planning Department's new position will be at the Human Services Coalition and that he looks forward to her reports to this Committee. Mr. Proto said there are many liaison assignments within the Committee and requested Committee members continue their 2010 assignments until the next Committee meeting on February 9th Mr. Proto announced the New York State Medicaid Redesign Team would solicit suggestions from the public and stakeholders on ways to improve Medicaid at a hearing from 10:30 a.m. to 1:30 p.m. on Thursday, January 20 in Rochester. There is some interest in forming a group of department and agency personnel to attend this hearing. He believes it would be beneficial to have information on the outcome of the hearing to share at the upcoming New York State Association of Counties Conference. 27 January 18, 2011 Resolution 2011-7: Approval of Amended Bylaws - Tompkins County Community Mental Health Services Board (DOC ID: 2360) It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. Mr. Proto said the resolution would amend language to remove "mentally retarded" and "mental retardation" and use the term "developmentally disabled" and "developmental disability" as well as other minor corrections within the bylaws. Mr. Shinagawa said sometimes Legislators view resolutions as work and may not be attentive to the content of resolutions and the human factor that may be involved. He shared personal information about a family member who is disabled and that he recognizes how disabled individuals are aware they receive different treatment than a person who is not disabled. He said the stigmas existing due to language used is "bad" and that it is important and meaningful to recognize a change is necessary. Mrs. McBean-Clairborne thanked Mr. Shinagawa for his statement. She said the Workforce Diversity and Inclusion Committee is reviewing bylaws and policies to amend language to "people first". In response to Ms. Chock's request for a definition of "people first", Ms. Pryor said as a former special education teacher she understands Mr. Shinagawa's statement and said there are many wonderful people with disabilities. She explained that "people first" is a movement to stress the importance of putting a human face to the community of people with disabilities. Mrs. McBean-Clairborne noted "people first" language also recognizes the disability. Mr. Proto thanked Mr. Shinagawa for sharing his story and said it highlighted the fact that the work of the Legislature at times does affect people they know. A voice vote resulted as follows on the resolution: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, people with developmental disabilities work hard to live as independently as possible, and WHEREAS, the clinical language has changed and those working in the field are aware of a shift in meaning and usage; the outmoded terminology is now often used as a way to discriminate against people with developmental disabilities, and WHEREAS, the "people -first" language is widely used, acceptable, and appropriate terminology when referring to people who are developmentally disabled and people with a developmental disability, and WHEREAS, New York State has also recognized the shift in terminology and has adopted the use of "people -first language" and amended their agency title to the New York State Office for People with Developmental Disabilities, and WHEREAS, on November 17, 2009, S. 2781, commonly known as "Rosa's Law" was introduced at the 111th Congress, and WHEREAS, on January 27, 2010, H.R. 4544, commonly known as the Elizabeth A. Connelly Act, a related bill, was introduced at the 111th Congress, and WHEREAS, these bills amend the use of the terms "mentally retarded" and "mental retardation" to "developmentally disabled" and "developmental disability" within Laws relating to education, employment, and other social services, and both bills became law, and WHEREAS, these amendments provide recognition of the need to change how people with developmental disabilities are perceived, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature approves said amendments to the Bylaws of the Mental Retardation Developmental Disability Subcommittee of the Tompkins County Mental Health Service Board, and the change of terms "mental retardation" and "mentally retarded" to "developmentally disabled" and "developmental disability", in any other titles and documents, 28 January 18, 2011 RESOLVED, further, That the Clerk of the Legislature is hereby directed to send certified copies of this resolution to President Obama, and the appropriate Federal representatives, Governor Andrew Cuomo, and the appropriate State representatives, New York State Office for People with Developmental Disabilities, and New York State Association of Counties. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-8: Authorization to Award Contract - Tompkins County Certified Home Health Agency (CHHA) Evaluation Project - Health Department (DOC ID: 2400) It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote. RESOLUTION ADOPTED. In response to Mrs. McBean-Clairborne's request to clarify the work that is to be done, Mr. Proto read the following explanation: "Tompkins County is seeking professional consultants (financial and clinical expertise) to assist the County in identifying areas for improving efficiencies, internal cost controls and revenue maximization for the operation and management of the County's Certified Home Health Agency (CHHA). The consultant will be asked to assist the County in identifying specific operational, accounting, policy, and managerial options and developing a strategy and plan of action for moving forward. "It is the goal of this project to help County officials look objectively at the range of financial and operational options, so long as those options do not result in an erosion of the quality of services provided to clients." Mr. Proto thanked Ms. Kiefer for providing the explanation on the revised resolution. He said there are approved funds in the budget to continue the program for six months with additional Contingent Fund to be used if needed. He stressed the action would not address elimination of the program. WHEREAS, the Tompkins County Health Department has solicited proposals to evaluate the management, operations, and financial viability of Tompkins County's Certified Home Health Agency (CHHA) in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, three (3) proposals were received, reviewed, and evaluated based on criteria documented in the Request for Proposals, Financial Evaluation Certified Home Health Agency Operation, and WHEREAS, the review team recommends to the Health and Human Services Committee, that the project be awarded to Jack Venesky, CPA & Associates, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the department be authorized to execute a contract for the project with Jack Venesky, CPA & Associates, with a project cost not to exceed $17,500, RESOLVED, further, That funding for this contract is provided for in the 2011 budget. SEQR ACTION: TYPE II -20 ********** Re'iort from the Facilities and Infrastructure Meeting Ms. Kiefer, Chair, reported the Committee met on January 7th and used the majority of the meeting to preview the Hanshaw Road presentation that will be held January 19th at 7:00 p.m. at Dewitt Middle School. She said the 2010 Committee completed quite a bit of work and she anticipates that other items discussed in 2010 will be completed in 2011. She expressed her appreciation to staff for their input. Ms. Chock noted that any interested party can attend the public information meeting on Hanshaw Road. 29 January 18, 2011 Chair's Appointments Ms. Robertson said she sent Legislators a list of Chair's appointments for 2011 and asked for responses by January 29t. Minutes of Previous Meeting It was MOVED by Ms. Kiefer, seconded by Ms. Pryor, to approve the minutes of December 21, 2010, as amended. Ms. Herrera said she would not accept the minutes. She said changing a resolution after a meeting without an explanation leads to lack of transparency. It is her belief that changes to minutes taking place outside of a Committee can also lead to confusion and a lack of transparency. She is hoping, as a member of the Legislature that values transparency and public input, that the Legislature can find a way to adjust this interpretation of the policy to enhance open transparency and government, and that a decision will move forward in 2011 and that each member of the Legislature will have the opportunity to weigh in on the issue. She said she will continue to vote no on minutes, particularly when she believes changes take place to the minutes outside the Committee setting and without purview or explanation to the Legislature. Mr. Dennis said he too would vote no until the Government Operations Committee brings forth a new manner to take and review the minutes. He believes the current process takes an inordinate amount of Legislature staff time to make the suggested changes. A voice vote on the minutes resulted as follows: Ayes — 13; Noes — 2 (Legislators Dennis and Herrera). MINUTES APPROVED. Recess Ms. Robertson declared recess at 7:12 p.m. The meeting reconvened at 7:30 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to enter into an executive session to discuss a personnel matter. An executive session was held at 7:30 p.m. and returned to open session at 8:15 p.m. Adjournment On motion, the meeting adjourned at 8:15 p.m. 30 February 1, 2011 Regular Meeting Public Hearing Ms. Robertson called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1 of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Commercial/Industrial Traffic that would Materially Injure County Roads. Ms. Robertson reported it is expected that the resolution to adopt the above-mentioned Local Law will be withdrawn from the agenda at the appropriate time by the Facilities and Infrastructure Committee Chair. The Legislature is interested in having input from the public and said comments will be considered and taken into account. As many comments and concerns were raised at the public information meeting last evening, the Local Law will be reconsidered at a future Committee meeting and if it is substantially revised, a second public hearing will be held. At this time Ms. Robertson asked if anyone wished to speak. Frank Santelli, Ithaca and representing T.G. Miller, P.L., spoke as a local engineer and on behalf of his associates: David Herrick, P.E., Andrew Sciarabba, P.E., and Peter Messmer. Upon review of the proposed local law concerning road preservation, they prepared and submitted for the record the following "white paper" to address the law from a technical standpoint the issues and challenges if said law were implemented as proposed: Strategies for the Effective Mitigation of Heavy Trucking on Local Roads January 30, 2011 Co-authors: David A. Herrick P.E. Frank L. Santelli P.E. Andrew J. Sciarabba P.E. Peter F. Messmer Introduction "The authors, civil engineers with T.G. Miller P.C., have reviewed the Tompkins County Draft Local Law a, of the year 2011 regarding the regulation of High -Frequency, High -Impact Truck Traffic and, after careful consideration of the document, drafted this white paper to be presented to the Tompkins County Legislature during a public hearing on February 1, 2011. "First, we believe the Draft Local Law (Law) can be enhanced to circumvent substantive challenges associated with accomplishing the stated purpose, which is to insure the safety and welfare of the County residents by regulating the damaging impacts to highway infrastructure from heavy users. Second, we believe the County could choose not to implement the Draft Local Law and instead utilize Road Use Agreements (RUA's) to mitigate damages by heavy users. "In either case, this white paper encourages adoption of a technical Standard Analysis Method (SAM) to guide the structural analysis of roads needed for both approaches. Additionally, if the Law approach is ultimately chosen, we suggest that the language of the law be reduced to a minimum and that a separate Road Use Regulation (RUR) document is utilized to guide the execution of the Law by the administrative functions of County government within the Highway Department. A local law would then reference the SAM and the RUR. "The SAM is a technical document that includes the analysis procedures to determine the structural capacity of a road, including bridges and culverts, and the impact of heavy hauler traffic. It also presents the analysis methods to determine damage liability and repair cost shares of heavy haulers, including pre-existing depreciation and seasonal effects. The RUA (in the case of the RUA strategy) or the RUR (in the case of a local law strategy) is an Administrative Code (AC) that explains the legal, administrative, and business requirements of either process. 31 February 1, 2011 Background "In general, control of heavy road users began in New York State, as elsewhere in the country, with the idea of a 'Road Use Agreement' (RUA). RUA's are mutually agreed upon contracts between a municipality and a large developer or heavy hauler that has the potential to do significant harm to municipal roads. They can be initiated by the municipality or the heavy hauler/developer. Such RUA's have typically been utilized for large wind farm or gas drilling construction activity. The RUA may be drafted initially by the municipality or the developer. It is then negotiated until a mutually agreeable version emerges. Therefore, RUA's only address a single heavy road user for the duration of a given project with no application beyond a given project. "An RUA depends on the 'good will' negotiation between the municipality and the developer. Large developers are motivated to enter an RUA because they know their operation will damage local roads to an extent far beyond normal depreciation and the capabilities of the highway agency. Therefore, in order to insure that roads will support their own operation, be responsible for their own damage, and maintain positive relationships with the local community, such developers enter into RUA's voluntarily. RUA's have been successfully implemented in New York State and recouped hundreds of thousands of dollars in road damages in the municipalities that have implemented them. "The inherent difficulty with the RUA approach is that there are developers of concern who either may not want to enter an RUA or who may not agree to the desired terms of the municipality. There is also the issue of how a highway agency decides which developers to approach for an RUA negotiation and which developers to leave alone. This decision can be affected by important factors such as the perspectives of local municipal officials on contemporary issues and the perspective of large developers who naturally will want the terms of an RUA to be in their favor. Also important for effective implementation is engineering support based on an understanding of local roads, local road materials, and local road construction methods. This should not be assumed to be inherent with developers because they are not necessarily road builders nor are they necessarily familiar with the state of the practice of local road construction in New York State. A good RUA should require local roads technical and engineering expertise applicable to the municipality in New York State and the technology and materials of New York State. "There has been a recent movement in New York State to move away from the voluntary RUA to implementation of local law to manage and mitigate the damage of heavy truck traffic. The local law approach ranges in complexity. On one hand it can consist of a basic requirement for heavy haulers or developers to obtain bonds as surety for potential damages and to repair all damages. On the other hand it can implement engineering technology to sort out regulated versus non regulated traffic relative to the existing roadbed strength and season of the year, account for pre-existing depreciation, and manage multiple heavy haulers using the same route. In general, basic and simple approaches to the issue leave some significant challenges to over come because of the complexities of such realities. Difficulties with the local law approach especially come to the forefront with the challenge of sorting between very large developers (who are typically willing to assume liability for damages anyway) and the small to medium size local operators (whose activities have historically been considered part of the baseline traffic load) if the local law lacks the technical tools to determine appropriate damage thresholds for regulation that are relative to the trucking operation, season of the year, and road conditions. "A local law could include all of the regulatory language, in the case of a more simple approach, and in the more complex approach point to separate regulatory documents. In general, the approach of using local law to require some form of regulation is termed Road Use Regulation (RUR). The RUR approach, such as the proposed Law, focuses on a process of posting roads and requiring bonds as a form of surety before heavy haulers can use the roads. The proposed Law falls on the less complex side of the spectrum. As such it does not reference any technical procedures or regulatory documents associated with the road posting, bonding, and damage liability decisions that are required. Summary of the Law "The proposed Law defines a threshold for regulation of any single project site that generates more than ten (10) truck trips per day for more than three (3) days in a week (any consecutive seven (7) day period). Trucks must have a gross weight of twenty (20) tons or more to be counted. In a brief summary, the following steps are required by the Law: 32 February 1, 2011 1. A project site is identified as the producer of high -impact, high frequency truck traffic as defined by the threshold above. 2. The affected County road is then posted by the County Highway Manager to exclude the high impact, high frequency truck traffic. This posting, presumably in accordance with NYS vehicle and traffic law, will require a posted weight limit. This creates a scenario whereby trucks heavier than the posted weight limit shall require County permits before traveling the posted road. 3. Permittees must then submit a permit application. Upon approval each truck operating for the permittee shall be required to carry a copy of the permit throughout the duration of the project in order to travel the posted roads. 4. Permit applicants must declare their trucking activities, including such information as the number and type of vehicles, vehicle axle configurations, materials to be hauled, frequency of trips, daily hauling activities and duration of project etc. 5. Permittees may be required to provide inspection documentation of the road conditions and highway appurtenances prior to use. 6. The Highway Manager determines if the permittee will be required to provide a bond and what the bond amount shall be. 7. The permittee must maintain the road/s in a safe condition throughout time of use. 8. Upon project completion the Highway Manager assesses damage and determines what, if any, repairs are needed. The permittee is then responsible to execute and pay for any and all repairs before the bond is released. Challenges of Implementing Draft Local Law a "Having worked extensively with municipalities and developers in Tompkins County, it is our assessment that the application of the Law, according to the definition of high -frequency, high -impact truck traffic, will generate numerous instances for road posting, bonding, and regulation. While this accomplishes the purpose of identifying heavy trucking activities of concern, a difficulty could be the enforcement and execution of the Law. In short, the Law will generate a new service activity for the County Highway Department and the demand for the service can be anticipated to be very high. However, while the proposed Law indicates general procedural steps, there are no specific references to a standard procedure technical document that might guide and explain how the technical decisions required by the Law will be made. This leaves the technical implementation of the proposed Law open to interpretation and judgment which could create the following challenges: 1. The Minimum Threshold — The high -frequency, high -impact threshold is useful administratively. However, a single threshold for the entire County network is a challenge because excellent roads in dry summer weather can tolerate a much higher threshold than poor roads in wet weather. Use of a single threshold, in order to be effective, would have to be set for a low `common denominator' — such as poor roads in wet spring weather. The County threshold generally appears to have been set to accommodate poor roads in wet spring conditions but would be very low indeed for excellent roads in good weather. 2. Bonding - The Law does not include a reference to an objective method for determining the combination of existing roadbed condition, season of the year, and number of truck trips (above the high - frequency, high -impact threshold) that will trigger the decision to require a bond and how the amount of the bond will be determined. This is a significant decision as it will establish which permittee will be responsible for payment of damages. 3. Haul Route Control and Enforcement — A single project site can generate high enough truck traffic to exceed the high -frequency, high -impact limit on a number of approaching corridors in addition to the road the actual site is located on, thus geographically extending the need for route control. Road posting when a project actually appears in the field will trigger points of high stress, for the County, the driving public, and developers, which could be avoided. Also, the requirement for enforcement of individual trucks on the road could become a very costly proposition for local law enforcement agencies. 4. Multiple Heavy Haulers and Baseline Traffic — Given the low threshold established by the high -frequency, high impact truck traffic definition, it is very likely there will be cases where multiple persons apply for permits for the same road because various project sites could share haul routes. Another inherent difficulty of implementing a road use regulation is the need to differentiate between existing 33 February 1, 2011 daily traffic (base line traffic) depreciation and the damage of the permittee. A Permittee will oppose accepting liability for other permittees and for pre-existing damages. 5. Discrimination — The lack of a technical procedure to assess when bonds will be required and damage liability assigned could result in legal challenges from permit applicants regarding decisions about who is required to bond and pay for damages. Resolving the Challenges of the Draft Local Law a "The legal approach could be strengthened by addressing the above challenges and to manage those permittees who are required to bond, repair damages, and assume the costs of damage. To resolve the challenges it is suggested here that the County Law could be backed by a Standard Analysis Method (SAM) and a Road Use Regulation document (RUR). There are advantages of having these documents separate from and referenced by a local law. First, it keeps the local law short and simple. Secondly, updates and changes to the SAM and an RUR document can be made without having to review and amend the local law. Such revisions will be periodically needed. These technical documents would address the problem areas presented above in the following manner. 1. Minimum Threshold — There is no single `threshold' of truck trips that should trigger a cause for alarm about damage, posting of a road, and the need for a bond. This is because actual damage risk depends on a number of variables including: the season of year the trucks are running (road beds are weakest during winter thaws and in April and May for example); the truck types and axle configurations (for example, a tandem axle dump truck will do more damage than a tridem axle dump truck); and finally the strength of the road bed (poor roads can tolerate far less heavy loads than good roads). The number of road postings and permit applications could be greatly reduced and efficiently managed if a pavement structural analysis method were employed, for example the American Association of State Highway and Transportation Officials (AASHTO) method. The AASHTO method incorporates all of the above mentioned variables. This could be done in several ways. Preferably, it could be done network wide, at the outset, for each county road to establish a threshold for each road. Alternatively, it could be done on a case by case basis for a road when an actual development project happens. In both cases the trigger to compare the heavy hauling activity to the threshold would be if the trucking activity has required any sort of a permit typically issued for development projects, including local permits, State permits, DEC permits, or Corp of Engineer permits. Normally, any sizeable project that could have potential damage impacts to local roads from trucking will have required some such permit. 2. Bonding — Permit applicant activities generated by the threshold will surely span a wide range of trucking intensity, from small local operators to large developers such as gas drilling companies. Somewhere within this wide span of trucking activity decisions for bonding and damage liability ill have to be made. In general poor roads will require high bond amounts because damages can be expected to be more severe. Excellent roads, if total trucking loads and season of year warrant a bond, will require less of a bond because damages may be expected to be low. Bond amounts should be relative to road conditions. Furthermore, the decision of whether or not to require a bond (and the amounts) constitutes the decision to further regulate the heavy hauling activity. These decisions can be made objectively with a SAM using the AASHTO pavement design method. Furthermore, all permit applicants required to bond will be required to adhere to the articles of the RUR. This RUR can be a standard document, with room for minor customization for a given applicant. The difference between the SAM and the RUR is that the SAM is the technical procedures to determine if a permittee is bonded and regulated (based on engineering science) while the RUR is the regulatory articles governing the period after the decision to bond and regulate is made. The SAM and the RUR together make the task of regulation straight forward and doable so permit applications can be speedily processed and managed throughout the duration of the project. As an example, if a permittee insists on doing work in April and his traffic loads are significant enough for the road conditions, the SAM may indicate the need for a bond and implementation of the governing RUR. On the other hand, if the work is to be done in July an analysis done in accordance with the SAM may indicate no bond and no further regulation is needed and the requirement for a permit is waived. A SAM and an RUR in support of the proposed law would create an efficient system for the County. It will prevent bonding and regulation when it is not necessary and yet insure that bonds and supporting RUR's will be implemented where actually needed. 34 February 1, 2011 3. Haul Route Control and Enforcement — Absent a method which creates a haul route network with traffic flow patterns and which restricts project traffic to that network, the proposed law can be rendered ineffectual by shifting traffic onto other County roads and roads of other municipalities that are not controlled. Also, the proposed local law requires every truck associated with the permittee's activities to carry a copy of the actual permit in the vehicle for the given route. However, in the absence of an integrated haul route planning process, involving community stake holders, enforcement will rely heavily on control of individual trucks by law enforcement officials, a difficult and expensive task to be sure. An RUR typically incorporates articles to define a haul route plan. This would greatly reduce the need for micro -enforcement of individual trucks. Then, the limited needs for enforcement that may still arise can be much more easily handled by law enforcement officials without over burdening them. This in turn focuses the potential damage assessments, need for bonds, and the amount of bonds on a set of roads that are actually dedicated to the project. A haul route plan should also have a traffic safety and control plan which may include one-way trucking routes in and out of the site to minimize congestion and maximize the safety of the public. It would also stipulate signage needs. All of the elements of the haul route plan would then greatly relieve the burden on law enforcement. 4. Multiple Permittees and Baseline Traffic — The likelihood of the presence of multiple project sites at any given time, in the County, will generate overlapping haul route systems and permittees of different projects using the same haul routes. Therefore, any given permittee will have legitimate concerns about the damage contributions of other permittees using the same road. The potential damage and bonding liabilities must then be appropriately proportioned among multiple users of varying potential impact and with no inherent business relationship. This will definitely create the need to determine how to divide bond shares, damage costs and the responsibilities to execute repairs among multiple bonded permittees using the same road/s. A similar challenge is how to handle the issue of `baseline traffic' which is the normal daily traffic of cars and light trucks, as well as heavy trucks that do not meet the County law definition of high -impact, high frequency truck traffic. Permittees will claim that they should not be accountable for damage by unregulated users. This will be a significant issue on roads typically used by local heavy trucks day in and day out (causing considerable damage throughout the year) but which do not concentrate their activities to meet the weekly threshold of the law. The proposed law makes no mention of how to deduct the costs of damage caused by baseline traffic running the road at the same time as the permittee/s. Sorting out and assigning damage responsibilities to multiple users and the municipal baseline traffic can be accomplished by a technical application of pavement design principles, such as those incorporated in the AASHTO Pavement Design Method. Implementation of a SAM would set in place procedures to deal with these challenges in a highly objective and technical manner. 5. Mitigating the Potential for Discrimination- Indeed, the activities of trucking, even small to medium haulers, has the potential to cause significant and costly damage to the highway infrastructure. Historically such damages have been absorbed by the highway agency and tax paying public. Yet on the other hand, the challenge confronting municipalities today is the advent of large development activities associated with the production of energy (wind farms, gas drilling, gas pipelines etc.). These activities cause damage that exceeds the historical capabilities of local highway agencies. It is these large energy developers that are primarily driving the movement to establish heavy road use regulation. The lack of a supporting SAM and RUR system in the proposed law leaves the County vulnerable to inconsistent implementation. The SAM and RUR are designed to focus bonding and regulatory efforts on the roads and hauling activities where the potential for damage actually exists based on the physical parameters of highway design. This efficiency allows for effective implementation of the law across the County network in a disciplined and consistent manner. Road Use Agreements as a Strategy "An alternative to the Draft Local Law is a damage mitigation strategy that utilizes Road Use Agreements. As described in the previous sections, RUA's have been successfully employed in New York State. The RUA approach has a number of advantages including: 1. No traffic threshold needed — The RUA strategy has no law that requires some `trigger' to implement. This reduces the analytical requirements of the strategy and the perpetual need for analysis of permit applications generated by a law. 35 February 1, 2011 2. A Record of Success — RUA's have been utilized in New York State and Pennsylvania to manage and mitigate road damage by large development projects. Millions of dollars of repairs have been executed on local roads in New York and Pennsylvania under the RUA strategy and paid for by the developers. In most cases, municipalities have seen increased road structural capacity on roads that have been used and repaired by large developers. 3. Mutual and Cooperative — RUA' s work on good will and cooperation and therefore promote efficiency and a high level of service for the driving public. This is because the developer is willing to assume liability and usually responds quickly to needed repairs. 4. Reduced Complexity — Because RUA's are private contracts entered willingly by large developers there is no need to require minimum thresholds of traffic that trigger regulation. This means no complex analysis method is needed to determine who is regulated and who is not in a non- discriminatory way. 5. Reduced Engineering Costs — Engineering efforts can be redirected from determining who is regulated (a perpetual need generated by the local law approach) to assessing and mitigating damages for only those RUA's actually initiated. 6. Private Contract — An RUA is a private contract between a developer and a municipality. Therefore, it will be far less vulnerable to regulatory actions that could materialize in the future by State or Federal Agencies. Such regulation, if it happens, could preempt and even invalidate any local law and associated strategy that is implemented in the present. Challenges of Implementing an RUA Strategy 1. Participation - The primary challenge of the RUA strategy is that it relies on voluntary participation by large developers. Sometimes, developers may avoid having to enter into an RUA. 2. Haul Route Control and Enforcement — As with the Local Law approach there is still the challenge of controlling and enforcing the use of haul routes. 3. Multiple Heavy Haulers and Baseline Traffic — It is possible that multiple projects in a municipality would require simultaneous RUA's to be in force at any given time. Therefore, the RUA strategy will also have to be able to handle the issue of multiple developers using the same haul routes. Furthermore, the need to differentiate between existing daily traffic (base line traffic) depreciation and the damage of the developers will also have to be considered to be fair to the developers. Developers will oppose accepting liability for other developers using the same roads and for pre-existing damages. 4. Discrimination — Because RUA's are not mandated, discrimination could become an issue with respect to what developers are asked by the County to enter an RUA. Resolving the Challenges of an RUA Strategy 1. Participation - The solution to getting developers to enter RUA's already exists in the statutes of the highway law. That is, highway superintendents are granted authority by the law to post roads. Road posting can always be used to stop heavy truck traffic on a local road as a means to get a large developer to the table, if the development traffic is significantly damaging local roads. 2. Haul Route Control and Enforcement — As with road use regulation, haul routes can be planned, managed and enforced through the stipulations of the RUA and the SAM. These documents can specify the planning and analysis procedures used to establish haul routes. Once an effective haul route is set up and stipulated to the developer the demands for enforcement of individual vehicles can be largely eliminated by the developer's own `self -policing' of its work force. 3. Multiple Heavy Haulers and Baseline Traffic — As with the local law approach, an RUA strategy still relies on the SAM to proportion damage liabilities and repair cost responsibilities between multiple users and the municipal baseline traffic in the event that haul routes are shared by more than one developer and the stipulations of the RUA document spell out who is responsible for the execution of repairs. 4. Discrimination — Typically an RUA strategy is employed by municipalities seeking to mitigate the potential damage of large developers, not the damage of small to medium local operators. The distinction of `operators' is important. Local operators can consist of farmers, loggers, gravel pits, and local home builders. These types of operators, who generate heavy truck traffic, have historically been considered part of the local municipal `baseline traffic'. An RUA strategy assumes that these operators 36 February 1, 2011 will not be approached to enter into an RUA. Rather an RUA strategy assumes that it will be used for large developers (such as energy developers) who will, with certainty, damage roads to an extent far beyond normal depreciation. The effectiveness of the RUA strategy is that these developers are already willing to acknowledge their liability and assume responsibility, and they are financially capable of doing so. Therefore RUA's are used under circumstances that are mutually agreeable between the municipality and the developer and therefore avoid the issue of discrimination entirely. Herein exists the overall effectiveness of the RUA strategy. It focuses the RUA where needed and avoids creating a significant regulatory challenge for small to medium local operators who are a part of the baseline traffic the municipal highway agency is already capable of providing services for. Conclusions "The proposed Law provides one possible course of action for mitigating the affects of heavy truck traffic on County Roads. Alternatively, an RUA strategy could be used. "Regarding the Draft Local Law approach; the lack of a technical procedure to define the high frequency, high impact threshold results in a low trucking threshold, i.e. a low common denominator. If the law is implemented the low threshold will generate many road postings. Many of the postings will be unnecessary because they will be triggered on good and excellent roads, during dry summer months. Or unnecessary posting could even be triggered by `medium' haulers on poor roads in dry summer months because a hard, dry, poor road can handle heavy traffic. In general road postings will start to occur throughout the year on roads where the public would not expect to see such restrictions. The law will then generate an entirely new highway department function of having to enact the postings and process permit applications for scenarios that pose little risk of excessive damage (good roads in good whether with the low traffic loads defined by the threshold). This anticipated regulatory burden can be greatly eased by the implementation of a Standard Analysis Method (SAM). The method would be designed to differentiate between scenarios that should actually require posting and identify heavy road users that should actually be regulated. The regulated permittee could then be managed under the articles of a Road Use Regulation (RUR), referenced by the local law, for those permittee's whose hauling activities warrant a bond and further regulation (as determined by the SAM). Regarding the RUA approach; this strategy focuses only on mutually amicable and voluntary agreements with large developers who pose the threat of road damage that is of primary concern. This eliminates the need for a local law and the associated trigger. In turn, this eliminates the technical difficulty of analyzing what permit applicants should be regulated or not. RUA's have been successfully implemented with excellent results. They focus efforts on projects that will impose excessive damage on the highway infrastructure and avoid the need to sort out the small and medium local operators who have been historically considered part of the local baseline municipal traffic. Recommendations 1. Adopt a Standard Analysis Method (SAM) that can be used with either the local law approach or the RUA strategy. The SAM must accomplish the following: a. Define heavy hauler traffic in the AASHTO standard of Equivalent Single 1 8 -kip Axle Loads (ESAL). b. Adopt a standard technical approach to define pavement structural capacity. c. Establish the structural capacity of the road network in terms of an accepted standard such as the AASHTO structural number (SN) method. This can be done network wide at the outset of a local law approach or an RUA strategy. Alternatively, it could be done on a road -by -road basis. d. Compare the heavy hauler's proposed traffic to the road capacity, including baseline traffic, using ESAL's. e. Proportion damages to multiple heavy haulers and the base line traffic using the road at the same time based on ESAL's, road structural capacity, and season. f. Determine bond requirements and damage repair cost shares for single or multiple, simultaneous users. 2. Adopt an Administrative Code (AC) for use with either the local law approach or the RUA strategy approach. This code is essentially the same general document for either approach. In the RUA 37 February 1, 2011 approach it is the actual RUA. In the local law approach it is the RUR document that a brief local law would reference. Bob McGuire, Town of Dryden, spoke in favor of the proposed local law concerning road preservation and urged the Legislature to pass it. He spoke of a neighbor on Whitted Road several years ago who invited a local contractor to dump fill on the neighbor's land. Up to as many as 20 loads per day from 10 -wheeler trucks dumped fill for several months. There were no restrictions on the road and when the project was complete, it left the road with broken pavement and pitted. The road was not repaired by the Town and he said he does not want to see that type of damage with the potential gas drilling. His concern is that road repairs not become the municipality's responsibility and a local tax burden. He believes the proposed law will go a long way to remedy that. Tom Gerow, Wagner Lumber Company, Owego, New York, said the Company has performed 200 timber -harvesting projects in Tompkins County in the past 15 years. Approximately $2 million have gone to local landowners during that time. Any additional regulations are a concern for the company because they cost money. He spoke about the bonding of a road and if there was a $100,000 bond, one percent of that or $1,000 comes from the standing timber and the landowners pocket. He understands why the law concerning road preservation is being proposed, but he is concerned local businesses will be affected by generic laws being passed. He also expressed concern with the number of trips outlined in the law and does not believe it is clearly stated. He does support the County recognizing particular projects this law would affect. Forestry is generally considered an agricultural type of project and he said the State recognizes that Forestry in an Agricultural District is a non-permitable issue. He encouraged the Legislature to waive this particular law for Forestry purposes as well based on it being an agricultural activity. Kim Whetzel, Brooktondale, said he has been in local business for 41 years and operates several businesses and has provided supplies to many projects in Tompkins County. Two of the businesses he operates are large trucking companies: K&H Concrete, which provides ready -mix, and Sultana Sand & Stone, Inc., which delivers aggregate. He believes this law would be detrimental to his business and to the people receiving the supplies. The threshold as proposed could be triggered by an individual building a three-bedroom home in a rural area between the driveway, concrete, and/or the septic tank. He urged the County Legislature to study this further and seek input by the people who will be impacted, in particular business owners like himself. He also asked that the public be given more time to provide input. Marie McRae, Town of Dryden, spoke in favor of the proposed law concerning road preservation. She would like the law to be flexible and take into consideration local businesses including farmers, loggers while at the same time protecting the taxpayers against the road destruction from the heavy industrial activity of gas drilling. She also asked that preparing a law in concert with municipalities to create a uniform road preservation law be explored. She briefly reported on a recent accident with a snowplow that overturned on her property and spoke of how the road will need to be repaired in the Spring. She said that if this were to happen more frequently, the cost and time to repair the road is considerable. Connie Wilcox, Manager of Genoa Sand and Gravel and Deputy Supervisor of the Town of Lansing, believes the law concerning road preservation was drafted with good intent. However, she does not believe the Legislature has taken into consideration what it takes to conduct business in the County. In addition, the Town Highway Superintendents would have to get permits in order to repair and pave roads because they will be hauling material over County roads as well. She agreed with the comments made by Town of Caroline Supervisor, Don Barber, last evening that the County could work with the Council of Governments and local businesses to improve the draft law that will protect the County's infrastructure and taxpayers, but will allow development and the contractors to do business in this County in an affordable manner Although the County would like affordable housing, the proposed law will increase the cost of construction. 38 February 1, 2011 Ken Zeserson, Town of Ulysses Planning Board Chairman, urged the Legislature to pass a law protecting local roads from heavy traffic that would be associated with the prospect of hydrofracking. He understands the difficulties and agrees with the comments being made by local businesses. He commented that when he has had work done on his septic system, that is one large truck, but when you are referring to hydrofracking, there are innumerable trucks beyond counting. He urged the County to look beyond the roads and said the gas drilling industry is exempt at the Federal level from the safe - drinking water act, the clean -air act and a variety of other initiatives designed to protect the public. However, at the State level there has been more attention because of local elected officials and the public providing and expressing their concerns. The only way to protect residents is to do it at the local level including the municipal level. Bruno Schickel, Dryden resident, said he spoke at the public information meeting last evening concerning the proposed local law on road preservation. There are four points: (1) this law if passed would have severe unintended consequences; (2) it is impractical to enforce; (3) it is very costly to the person having to buy the bond and the consumers; and (4) it will hurt local business and put them at a severe disadvantage. He believes the County is trying to find a solution for a problem that does not currently exist and will affect at least 50% of the new housing being built in this County. It is not unusual to have two to four hundred trucks of material going in and out of a site and he used Hospicare as an example. There are 600 truckloads of fill under that parking lot. He suggested the threshold in the law be changed to two to four thousands trucks. He also spoke about his concern with the enforcement issue and encourages the Legislature to revisit the law as written. Carolyn Eberhard, Town of Caroline, submitted the following statement: "There seems to be agreement on the need to get what we can passed into law before NYSDEC starts issuing permits. Given the disastrous DEC staff cuts, it is possible that they will cave in at some point, with no adequate revised GEIS, so there is some urgency here. "In addition to use and repair of the roads, addressed in this law, there are other issues with can and should be put into local law if possible. If LLa is postponed these issues probably won't be taken up until it is too late. For this reason I am in favor of amending LLa and getting it passed. "Here are some suggested amendments: a) As last night's discussion made clear, there needs to be a distinction between established local businesses with specific projects and large scale corporations with huge, short term projects. One way to do this is to exempt companies with a small number of employees. b) For safety reasons, all trucks operating under a permit should be required to be clearly so labeled and their cargo identified as WATER, FRACKING FLUID, FRACKING WASTE, HYDROCHLORIC ACID, BENZENE etc. c) A lower speed limit for permitted trucks, at least during spring and fall when the roads are most vulnerable would help reduce road damage. "Impact on infrastructure is not limited to just the wells themselves. Some further steps to reduce the impact might be feasible. a) Prevent establishment of a landfill that would be used for drill cuttings and other possibly radioactive waste, as at the Casella Landfill in Chemung County. b) Establish a serious fine for dumping liquid from trucks into storm drains as has apparently already happened in Elmira, or on roadways. c) Support training for safety personnel, since they are likely to be first responders in case of traffic accidents, spills, explosions or fires. These accidents can happen anywhere along the drilling food chain: wells, pipelines, storage facilities, homes, during transport or at staging facilities. We have been pretty lucky in our area, but you don't have to go to Pennsylvania to see how bad accidents can be — Blenheim, NY, 1990 propane explosion and fire: 10 buildings and homes totally destroyed. "Also it might be possible to try to avoid these problems 39 February 1, 2011 d) Not allow open pits or ponds that contain non -potable water - the mosquito hazard is bad enough. e) Specify where gravel can be taken and not taken: in PA gravel has been taken just anywhere they are leased, resulting in a moonscape of open pits This would also help out the local gravel providers. "Finally, the whole infrastructure needs to be considered whether or not high volume hydrofracking is permitted. a) Pulteney, NY was proposed as a site for a waste injection well - turned down b) Horseheads, NY is already the site of a large staging area (Schlumberger), involving rail, trucks and concentrated chemicals c) Reading, NY near Watkins Glen is the proposed site of an LPG storage facility at the US Salt mine which will involve digging a 14 -acre pond to store brine next to Seneca Lake- 88 million gallons of brine would be pumped in and out of the caverns to pressurize the stored LPG. This type of infrastructure does not involve wells but there are still the problems of rail and truck traffic, pipelines, open ponds, noise and air pollution. Fortunately DEC has required a full review of the impacts and there will be an SEIS. "Good luck with your discussion and we hope something good comes out of it all." Helen Slottje, Town of Ithaca resident and a public interest environmental attorney with Community Environmental Defense Council, believes that a concept of a road ordinance such as the proposed local law is very important. There is a need to protect roads and bridges, although the proposed law does not address bridges, and there are a number of already structurally deficient and functionally obsolete bridges in the County and this high -impact truck traffic could have detrimental safety impacts. In reference to regulations costing money, the roads are owned by the public; everyone pays for roads and while they are effective for businesses to use for their profit-making activities and in fact if it cost the business to use the roads and that makes certain activities more expensive, then that may be the price that has to be paid. One way to avoid some of the bond fees would be to have an option in the law for a voluntary road -use agreement and have the law set forth the minimum standards for use. She also spoke about enforcement and said there could be reports from community followed with an investigation. She reported that the Town of Afton, New York, recently passed a road preservation law after several public hearings that included some of these features. Bill Podulka, Town of Caroline, thanked the Town and County officials for looking at the issue of road protection. The existing structure is not adequate to help compensate for the type of damage being seen in Pennsylvania from the gas drilling industry. It is important to look ahead and not have the burden of repairing road shifted to the taxpayer. He encouraged the County to make some adjustments to the law as proposed and involve the businesses and stakeholders. If the activity is causing damage to the road, he believes it is the responsibility of the activity to fund the repairs needed. Dennis Mix, Town of Dryden resident and owner of Mix Brothers Trucking Company, said he pays approximately 60 cents per gallon minimum for diesel fuel tax on their trucks. Currently they are doing 1000 gallons per day and at this time last year the company paid over $70,000 for registration, over weight permits, licensing, etc., in fees. A typical project takes approximately 100 truckloads of material and is contingent on the weather. To restrict a company like his to ten loads per day could delay a project from a few days to a few weeks, which could also require additional help with a project. He spoke briefly of the potential of gas drilling coming to this County and said that his company worked indirectly last Fall for Chesapeake Gas Company. There were eight trucks for one month hauling material to a blacktop plant and hauling blacktop out of a New York State plant to Pennsylvania all paid for by the Chesapeake Gas Company. Mike Atchie, Binghamton, New York, and representing Chesapeake Energy Corporation, spoke about the proposed local law concerning road preservation. Chesapeake is one of the largest producers of natural gas in the Country. Currently, they are dedicating a lot of resources to operating in Northeast 40 February 1, 2011 Pennsylvania and hope to bring that to New York State. Chesapeake has a very successful track record working with municipalities in methods to protect the roads and eliminate costs to taxpayers. He believes that within the proposed local law, there should be a provision for a road -use maintenance agreement. It is a strategy that they have used very effectively across the border. Currently, there are 45 townships signed up with those agreements. In the past year, Chesapeake has repaired, upgraded, or maintained 300 miles of roads and spent $300 million. He is working closely with other counties including Steuben and Chemung Counties regarding their development of a law and road -use agreements. No one else wished to speak and the public hearing was closed at 6:06 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 Representatives. Excused: 1 (Legislator Herrera). Presentation of Proclamations Ms. Robertson read a proclamation declaring the month of February as Library Lovers Month in Tompkins County and presented it to Caroline Cox, President of the Tompkins County Public Library Foundation Board of Directors. Ms. Robertson also read a proclamation and declared February 1, 2011, as 2-1-1 Day in Tompkins County. Announcement of Executive Session Ms. Robertson announced there would be an executive session at the end of the meeting to discuss labor negotiations. Privilege of the Floor by the Public There was no one present from the public. Report from a Municipal Official Connie Wilcox, Deputy Supervisor for the Town of Lansing, said the Town very much appreciates having Legislator Pryor as their representative. She attends the Town's meetings regularly and keeps everyone informed on County issues including the budget. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, thanked the people who organized the public information meeting last evening concerning the proposed road preservation law. She spoke of the importance to reach out to the people who we represent and others in the County when legislation is being considered that will impact their lives. She is very grateful to the people who provided input and shared their opinions and those who attended this meeting as well. She believes that as a result of the input received, the County will prepare a better law. Mr. Shinagawa, District No. 4 Legislator, agreed with Ms. Mackesey and said the meeting last evening was very informative. The second issue he reported on was Medicaid. The Governor in his opinion piece today talked about the growth of Medicaid spending. Mr. Shinagawa referenced the Richard Ravitch report from September 2010 he received from County Administrator Mareane that addresses Medicaid and shared the following bullet points: 41 February 1, 2011 • The Federal match in New York State for Medicaid is 50%. Most States get more because it is based on the income versus the Federal income. Because there are so many high-income earners in New York State it makes the income appear higher than it may be compared to the number of citizens. Other States may get up to 75% match. • Long -Term Care. Medicaid began as a program for those on welfare. Now in New York State, long-term care is half the cost for Medicaid and is not under any managed care or any type of cost control system. The majority of people on Medicaid only account for 17% of the cost and are in a managed-care system, but 25% are in a fee for service system and account for a majority of the spending. People over 65 years old on Medicaid are 15% of the enrollees, but they account for 40% of the cost. These people are dual eligible and have both Medicaid and Medicare. • The rate setting is done by statute by a complicated formula and was last updated in 2009. Medicare has changed greatly over the years. A DRG system is now used and every element has a cost associated with it. That cost is developed by an independent commission that recommends changes to Congress. New York State is very different because every change has to be approved by the State Legislature, which creates political arguments. Mr. Robison, District No. 9 Legislator, said he watched Governor Cuomo's budget presentation today. It appears State government will change considerably based on recent actions including the approval of the property tax cap. He believes County government will also have to change and may look different in the near future. He has been thinking about this and the budget cuts and process the Legislature has undertaken in the past and rather than be concerned with what programs to cut he would like to shift the thinking and identify the core programs needed and are important to all constituents and preserve them and work from there. Mr. Lane, District No. 14 Legislator, provided an update on the Civil War Commemoration Commission. He and Carol Kammen co-chair the Commission and he said it meets monthly. There are a number of projects underway. The Commission expressed disappointment that New York State failed to fund a Sesquicentennial commemoration for the State. Any commemorations held will be done at local levels. He reported on the nurses scholarship fund that was established at TC3 and hopefully there will be enough money to help fund a professorship in the nursing school. The Commission's goal is to have every Legislator in Tompkins and Cortland counties to be a contributor to the nurse's fund. There is a group in place to help replace headstones for Civil War soldiers that have deteriorated. A Lecture series is also being planned for the four-year period on different civil war topics such as emancipation, what was happening in Tompkins County during the election of President Lincoln, etc. The Commission is also working on developing a website. Ms. Chock, District No. 3 Legislator, updated the Legislature on gas drilling activities. There are a number of groups and committees in the community that are working on many of the issues relating to gas drilling and Ms. Chock wished to thank everyone involved. Ms. Chock reported Professor Susan Christofferson is having her class look at local and regional economic development and other impacts with the aim of assisting local policy makers. The students are in the process of outlining the next six months of their work including housing, tax policies, etc. Ms. Chock announced the Council of Governments has a website that includes gas drilling information from many of the work groups established by the Council. One of the work groups is looking at assessment and land valuation, which she is heading. Assessment Director Jay Franklin and his staff are assisting the group and have been contending with how to keep assessments equitable and fair across the board. Ms. Chock announced a copy of the poetry book will be kept on file in the Legislature's office as referenced by the Poet Laureate, Gail Holst-Warhaft, at the last meeting. Report and Appointments from the Chair 42 February 1, 2011 Ms. Robertson announced the New York State Association of Counties conference is being held next week and several Legislators, the County Administrator, and Finance Director will be attending. She said an attempt is being made to set up lobbying meetings with Dean Skelos and Sheldon Silver. She reported the Council of Governments passed a tax -cap resolution based on the County's resolution approved last Fall. The Council did add to the resolution information about the school districts. On February 16`h there will be a forum by the League of Women Voters for their monthly meeting on the impact of health care reform "Where are we and where do we go from here". She, Beverly Chin of the Health Planning Council, Dr. Klepack from the Health Department, and Rebecca Elgie of the Health Care Task Force will be on the panel. Appointments Workforce Investment Board Martha A. Turnbull — Business representative; term expires June 30, 2013 Ellen A. O'Donnell — Local educational institution representative; term expires June 30, 2013 Richard B. Bohman — Vocational Rehabilitation representative; term expires June 30, 2013 Patrick McKee — move from Community-based organization seat to Business seat; term expires June 30, 2012 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 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 Report from the County Administrator Mr. Mareane said there have been many thanks given this evening and asked that given the weather forecast for the next 24 hours, snowplow drivers also receive a "thank you". Finance Director, David Squires, informed him the Health Consortium plan has been featured in the State Comptroller's 43 February 1, 2011 newsletter as an example of smart and shared service cost-saving measures that can be taken in other communities. With respect to information being received from Albany, the Governor's budget was presented today but prior to that the State Senate passed overwhelmingly the property tax cap yesterday, which is consistent with what the Governor had proposed. There is no "real" mandate relief that is tied to this legislation. The New York State Association of Counties is looking at the details; there may be some exemptions for welfare programs. He shared a chart that shows that two items alone - Medicaid and pension costs for Tompkins County - exceed next year's cap {by 3%}. The Governor's budget will cut most State operations by 10% with everything else taking a 2% cut. At the County level, each of the programs and formulas needs to be reviewed to determine the impacts. He provided a preliminary report on some of the County programs that will be impacted: Assessment — lost all aid ($60,000 this year and $140,000 next year) Probation — lost 10% of aid ($35,000) Office for the Aging — lost $47,000 for New York Connects program Health Department — Certified Home Health Aide program was singled out by the Governor as an example to be cut, but the amount of the cut is unknown TC3 — 10% cut in FTE aid (with this $925,000 cut TC3 will have lost $2.5 million over the last two years totaling a 24% aid) Mr. Mareane reported on the Mortgage Tax and in response to Mr. Lane's question with regard to the need for the County Legislature to pass a second resolution, he said that is not necessary and that the memorializing letter he sent is sufficient. If a bill is drafted, the County Legislature will need to take action approving the language in the bill. However, there are discussions that the State Senate will take the same position as last year and not approve any requests that involve a new tax or increased tax rates. The Mortgage Tax for Tompkins County would generate approximately $900,000 in revenue. County Administration is scheduling two retreats: one will be the Department Head/Legislature retreat to discuss the budget and the other will be to discuss issues not related to the budget. Mr. Mareane announced that Senator Tom O'Mara will be available on February 3rd at 4 p.m. to meet with Legislators. A meeting with Assemblywoman Barbara Lifton will be scheduled for later in the month. In response to Mr. Proto's question about reimbursements from the State, Mr. Squires said the State sent the County $42 last week. The Health Department received aid through 2009. The State has been inconsistent with paying bills for most programs. Report from the County Attorney Mr. Wood reported that he is putting together a review of the 2010 Family Court practice. In 2010 over 100 new juvenile delinquent PINS cases were received, which do not include violations. The department handles on average 150 cases per year. He also reported on the meeting held last evening concerning the proposed road preservation law and said it was well attended. He commented the meeting showed real democracy and that the public was given an opportunity to provide input. Report from the Finance Director Mr. Squires said he did not have a report. Withdrawal of Resolution(s) from the Agenda 44 February 1, 2011 Ms. Robertson gave Ms. Chock permission to withdraw from the agenda the resolution entitled: Adoption of Local Law No. 1 of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Commercial/Industrial Traffic that Would Materially Injure County Roads (DOC ID: 2309). Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolutions under the consent agenda: Resolution 2011-9: Approval of 2011 Succession of Members of the County Legislature to Serve in the Absence of the Chair and Vice Chair (DOC ID: 2414) It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present 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 2011 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 Personnel Committee SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-10: Acceptance of 2011 Annual Criminal Justice/Alternatives to Incarceration (CJAATI) Consolidated Service Plan (DOC ID: 2419) It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the Criminal Justice//Alternatives to Incarceration Advisory Board (CJATI) at its January 24, 2011, meeting unanimously approved the 2011 Annual OPCA (Office of Probation and Correctional Alternatives) Alternatives -to -Incarceration Consolidated Service Plan, and WHEREAS, it is a requirement that the approval of the legislative/governing body accompany the Plan upon submission to the New York State Office of Probation and Correctional Alternatives, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature approves the 2011 Alternatives -to -Incarceration Consolidated Service Plan for Tompkins County, RESOLVED, further, That a copy of the Plan will be kept on file at the office of the County Administrator, the office of the Chair of CJATI, and the office of the Tompkins County Legislature. SEQR ACTION: TYPE II -20 * * * * * * * * * * 45 February 1, 2011 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointments under the consent agenda: Environmental Management Council Steve Nicholson - Chair - term to expire December 31, 2011 Personal Emergency Response Service Board Mary Russo, RN — Agency representing elderly; term expires December 31, 2012 Community Mental Health Services Board Paula J. Winner — term expires December 31, 2014 MR/DD Subcommittee Janette Lynch — Community Mental Health Services Board member representative; term expires December 31, 2014 Family Court Advisory Council Louise Miller — At -large representative; term expires December 31, 2013 Criminal Justice Advisory/Alternatives-to-Incarceration Board Diana McComb — At -large representative; term expires December 31, 2013 Deana Bodnar — DSS representative; term expires December 31, 2013 STOP -DWI Advisory Board Stu Bergman — Substance Abuse Subcommittee representative; term expires December 31, 2013 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, commented on the meeting held last evening concerning the proposed road preservation law and concurred with the comments made by Mr. Wood. The meeting was very productive and the concerns raised will be taken back to the appropriate committee(s) for review and a second public hearing will be held following a proposal of a revised local law being approved. He thanked staff for organizing the meeting and being in attendance. The Committee met January 20th and heard a report from Common Councilperson Dan Cogan concerning the City's redistricting process. He also commented on the presentation from the League of Women Voters and said several Legislators attended. A list of individuals interested in serving on an independent redistricting commission for Tompkins County is being compiled. Mr. Proto thanked Mr. Lane and Ms. Chock for hosting the meeting last evening concerning the road preservation law. Mr. Dennis also thanked the people who attended the meeting and thought it was important to hear from the individuals impacted by the proposed law. Resolution 2011-11: Appropriation from the Contingent Fund to Support the Development and Implementation of a Corporate Compliance Plan for Tompkins County Government (DOC ID: 2412) It was MOVED by Mr. Lane, seconded by Ms. Kiefer. Mr. Lane said Corporate Compliance is a Federal requirement in order to receive reimbursement for such things as Medicaid. Mr. Proto asked what impact this would have on Legislators. Mr. Mareane said Legislators will need to be familiar with the regulations and will receive ongoing reports and there will be some training. Tompkins County is working with the Bonadella group on this. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. 46 February 1, 2011 WHEREAS, the policy of Tompkins County Government has been always to conduct its business in compliance with applicable Federal, State, and local laws and regulations, and to adhere to the highest ethical standards, and WHEREAS, the County Legislature recognizes that even unintended violations of laws and regulations by employees and agents can subject the organization to civil and criminal penalties, tarnish its reputation for professionalism, and lead to unfavorable publicity, and WHEREAS, the Federal agencies responsible for enforcement of Medicare and Medicaid laws and regulations applicable to healthcare providers recently have encouraged the development and implementation of formal Corporate Compliance programs, and WHEREAS, the New York State Office of the Medicaid Inspector General (OMIG) has promulgated rules and regulations in compliance with Federal and State laws to ensure that claims submitted to the State are true and accurate, and have imposed both civil and criminal legal penalties for failure to adhere to a Compliance Plan and for failure to follow the law, and WHEREAS, the County Legislature believes that the development and implementation of a formal Corporate Compliance Program, applicable to all County use of Federal and State funds, is consistent with the organization's efforts to improve quality and performance, and further reflects the organization's long-standing commitment to conduct its business transparently and in compliance with applicable and constitutional laws, and WHEREAS, the County Legislature wishes to ensure that the Corporate Compliance Program is effective in identifying and correcting practices and policies that are not in compliance with applicable laws and regulations, including, where necessary, by providing for disciplinary action against those employees and agents that fail to comply with such laws and regulations, and WHEREAS, the County Legislature further wishes the Corporate Compliance Program to formalize and, as necessary, (1) develop specific standards of conduct and policies for education and training employees and agents with respect to those standards, (2) enhance internal controls and monitoring systems, and (3) foster effective communication and responsiveness on compliance issues, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the County Administrator have responsible oversight for ensuring an effective Corporate Compliance Program, and that he designate the current Deputy County Administrator, Paula E.F. Younger, as Corporate Compliance Officer to direct the development and implementation of a Corporate Compliance Program for the County, RESOLVED, further, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority required to develop and implement a formal corporate compliance program: FROM: A1990.54400 Contingent Fund $35,456 TO: A1230.51000282 Deputy Co. Administrator $ 8,291 A1230.58800 Fringe Benefits $ 2,165 A1230.54442 Professional Services $25,000 SEQR ACTION: TYPE I1-20 ********** Resolution 2011-12: Appropriation from Contingent Fund to Develop a "Smart Work" Training Program for Environmental Health Division of Health Department and Information Technology Services (DOC ID: 2401) It was MOVED by Mr. Lane, seconded by Mr. Dennis. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the adopted 2011 Tompkins County Budget earmarked contingent funding for "Smart Work Training", 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 47 February 1, 2011 can enhance efficiency and effectiveness, and maintain or improve services to citizens, and WHEREAS, the Smart Work Training process has now been applied in several County operations as well as at TC3, with positive results in the form of streamlined operations and improved customer service reported by both staff and managers, and WHEREAS, the Environmental Health Division of the County's Department of Health, in conjunction with the County's Department of Information Technology Services, desires to apply Smart Work Training to improve its ability to better define, document, and prepare a strategy to improve day-to-day business processes and efficiencies related to the permitting, inspection, and data management of its sewage systems permitting and inspection program, and WHEREAS, the training is expected to cost approximately $5,500, and WHEREAS, at the completion of these initial training projects, the County Administrator and Health Department will report the results of the training to the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority: FROM: Contingent Fund 1990.54400 Program Expense $5,500 TO: In-service Training 1987.54442 Professional Services $5,500 SEQR ACTION: TYPE 11-20 * * * * * * * * * * Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair said the Committee will meet tomorrow at 3:30 p.m. Report and Presentation of Resolution(s) from the Budget, Capital, and Personnel Committee Mr. Dennis, Chair, also commented on the Governor's budget and asked Legislators to provide ideas on how to proceed at the County level. The Committee met last week and the resolutions approved are reflected on the Legislature's agenda. Resolution 2011-13: Authorization to Pay Road Patrol Contract Negotiator Costs from the Contingent Fund (DOC ID: 2409) It was MOVED by Mr. Dennis, seconded by Mr. Shinagawa. In response to Ms. Kiefer, Mr. Dennis said he expects the amount to cover the current costs but not any future expenses. Ms. Squires in response to Ms. Pryor said that the actions tonight are the first appropriations this year from the Contingent Fund. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, a Final and Binding Interest Arbitration Award was issued with respect to the outstanding negotiations between the Tompkins County Deputy Sheriff's Association and Tompkins County and the Sheriff of Tompkins County on August 21, 2010, for the term March 1, 2006, through February 28, 2008, and WHEREAS, a successor contract has not been negotiated since March 1, 2008, and WHEREAS, the negotiating team for Tompkins County will begin negotiations for the road patrol of the Sheriff's Department, and WHEREAS, the negotiating team has entered into an agreement with Roemer, Wallens, Gold & Mineaux, LLP, to provide negotiating services, and WHEREAS, no funds have been budgeted or allocated for these costs, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That negotiator fees in the amount of $25,000 will be paid from the Contingent Fund, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $25,000.00 48 February 1, 2011 TO: A1430.54442 Professional Services $25,000.00 RESOLVED, further, That the Contingent Fund appropriation will not affect the Personnel Department's 2011 rollover allocation. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report from the Public Safety Committee Mr. Stein, Chair, said the Committee met January 31St and discussed what the Committee may want to do differently this year compared to past years. The Committee agreed to have the various departments that report to the Committee discuss their concerns and what the future looks like to them. The next meeting is February 22nd. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met last Wednesday and said she appreciated the Legislators that were in attendance. The meeting was a working session and work continues to be done on the draft Diversity Plan. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee will meet February 9th at 3:30 p.m. He asked Committee members to review the Youth Services agreement that will be discussed at the March meeting. He also provided an update on the Public Health Director's search and asked Mr. Mareane to comment. Mr. Mareane said the search committee met this morning and identified the candidates to interview beginning next week. He hopes to have a decision by the end of the first quarter this year. In response to Ms. Kiefer, it was noted that Legislators may observe during the interview process. Report from the Facilities and Infrastructure Committee Ms. Chock, Chair, said the Committee will meet February 4th at 9:30 a.m. and will hear a report from the Weights and Measure Director. She asked Committee members to meet with her and confirm the meeting schedule for this year. She reported on the public informational meeting held recently concerning the Hanshaw Road project. Over 60 people attended and maps were distributed to residents. Following the meeting last evening concerning the road preservation law, she will consult with appropriate staff and Government Operations Committee Chair Mike Lane in how to proceed including taking into consideration the comments received. Following questions being raised about the process, Mr. Lane said he and Ms. Chock will be discussing this and hopefully be able to involve the people who have expressed an interest in providing input. Report from the Capital Plan Review Committee Ms. Robertson, Chair, said the Committee met last Thursday and had a presentation from LaBella Associates on the space studies for the Courthouse, Mental Health, and Human Services Buildings. Mr. LeMaro will now be negotiating with the State Office of Court Administration on the amount they will be responsible for paying. The Court staff currently located in the Old Library will be moved to the Courthouse in renovated space at the appropriate time. The design plan presented to the Committee did show the Legislature's space being used as a Supreme Court. However, Mr. LeMaro commented that the County does not view providing space for Supreme Court as a Mandate only a strong preference, as space is currently being provided in the Old Courthouse. She said there is very little unassigned space (approximately 2,000 square feet) in the Human Services Building. There is no unassigned space in the Mental Health Building; however, the fifth floor is rented to the Alcohol and Drug Council. The 49 February 1, 2011 Committee discussed moving the Day Reporting program from the Old Library to the Human Services Building. The Committee also discussed the Carpet Bazaar building that was recently purchased by the County to house the Office for the Aging. Included in the discussion was the list of County offices currently renting space. The building could hold the Human Services Coalition as they are in need of finding a new location before the end of the year. There was also discussion about adding a second floor and although that proposal was not viewed by the Committee as being too favorable, Mr. Marx will provide the Committee with a report at the next meeting on the cost to study the feasibility of a second floor as well as other program options for the first floor. An update was provided on the Center of Government building and four responses were received for the Request for Qualifications. Mr. LeMaro believes two of the four were stronger proposals and will review them and bring a recommendation back to the Committee. The scope of work and the negotiation of fees will follow. The next Committee meeting is February 10th Ms. Mackesey recalled that consideration was going to be given to have retail in the front of the Carpet Bazaar building. Ms. Robertson said the Committee looked at the possibility of consolidating other county functions into this building and save money on leases. Ms. Mackesey said when the City was doing their planning and vision of West State Street one of the areas discussed was trying to avoid having one-story buildings and to increase density of the street. Ms. Kiefer said the Committee was reminded that the City does not prefer single -story buildings downtown. Ms. Robertson said we're not considering building a new one-story building, only using one that is currently empty. Approval of Minutes It was MOVED by Mr. Stein, seconded by Mr. Burbank, to approve the minutes of the January 4th and January 18th meetings as submitted. It was MOVED by Ms. Kiefer, seconded by Mr. Stein, to amend the comments made under Resolution No. 3 of 2011 in the January 4th minutes as follows: "Ms. Kiefer said this project has been under discussion for over a year; all Legislators agree that it is important that localities do something to prepare for what could be heavy industrial use from hydrofracking if natural gas drilling activity comes to New York State. She said there are various ways to protect roads, however, State law divides things into fractions and makes it difficult to address matters in a sensible way. Ms. Kiefer said the County Attorney has worked with the Tompkins County Council of Governments (TCCOG) and other attorneys to come up with an action the County could take. She asked Mr. Wood to provide further background and context." "Mr. Wood explained the history behind this, stating the issue began to surface because of by the hydrofracking activity and the release of the draft Generic Environmental Impact Statement." "Mr. Shinagawa thanked Mr. Wood for his work on this. He noted that the intent of this local law is to protect the public roads from damage caused by gas drilling activities. He provided examples of the type of weight that would be traveling on roads. He said a single truck can weigh between 41,700 to 75,060 lbs. The average well takes 3-8 million gallons of water in order for the hydrofracking well to be created; this results bin 600-1,600 trips by these extremely heavy vehicles. Mr. Shinagawa said it makes very good sense for the County to create a permitting system for this." "Mr. Stein said he supports the intent of this local law, however, expressed concern over the costs that may be incurred by defending a lawsuit against parties with "very large pockets". He suggested 50 February 1, 2011 municipalities and counties join together and adopt the same law. Ms. Kiefer noted that the other municipalities have been waiting quite a while and it is her understanding that TCCOG now encourages the County to move forward." A voice vote resulted as follows on the amendment to the minutes: Ayes — 13, Noes — 1 (Legislator Dennis), Excused — 1 (Legislator Herrera). MOTION CARRIED. A voice vote resulted as follows on the minutes as amended: Ayes — 13, Noes — 1 (Legislator Dennis), Excused — 1 (Legislator Herrera). MINUTES APPROVED. Recess Ms. Robertson declared recess at 7:40 p.m. The meeting reconvened at 7:50 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session at 7:50 p.m. to discuss labor negotiations. The meeting returned to open session at 8:20 p.m. Adjournment The meeting adjourned at 8:20 p.m. 51 February 15, 2011 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 pm. 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 McKenna arrived at 5:45 p.m.) Request for an Executive Session Ms. Robertson requested an executive session to be held later in the meeting to discuss labor negotiations, real estate negotiations, and a personnel matter. Privilege of the Floor by the Public No member of the public wished to speak. Municipal Officials) There was no municipal official present. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, said last week there was a teleconference with New York State Department of Transportation (DOT) officials, the Mayor of Skaneateles, and the Town Supervisor of Owasco to discuss the garbage truck transport issue. From everything she has heard the traffic has moved back to the Interstate Highway. There will be two DOT inspection sites in our region for any trucks coming through — one in the Town of Caroline and another in the Owego area. If anyone has an opinion of whether the traffic as gone down or not, Ms. Mackesey would like to hear from them. The more information she has the better she can advocate. Mr. Shinagawa, District No. 4 Legislator, spoke about the State budget and that he strongly believes the wealthy need to be taxed more in New York State. On Jan. 13`" there was an article in the New York Times reporting an additional 2% tax on the wealthy would generate $9 billion, which would go a long way to closing the deficit in the State budget. He does not understand how taxing the wealthy is not being considered in the State budget while the budget targets cuts to the most vulnerable population. Mr. Lane, District No. 14 Legislator, thanked the Sheriff's road patrols and Highway Division workers for their efforts during the recent weather conditions that left roads dangerous to travel. He also credited dispatchers and community health nurses. Mr. Burbank, District No. 12 Legislator, commented on an e-mail he received from the West Hill Civic Association about people going door-to-door in the West Hill area encouraging people to change their energy supplier. Homeowners are being asked to show their bills and then without their knowledge their supplier has been switched to a more expensive provider. The Public Service Commission has a tool on their website to do a cost comparison for people interested in knowing what it would cost to switch providers. 52 February 15, 2011 Distinguished Youth Award Mrs. McBean-Clairborne, District No. 2 Legislator, recognized Marcus Wilkinson, a senior at the Lehman Alternative Community School, as this month's Tompkins County Distinguished Youth. In a nomination letter from LACS principal Joe Greenberg, he was recognized as a "lead by example Distinguished Youth", especially for his many community -service contributions—including support of the community's youth farm initiative, the LACS mentoring and ally program, and leading a mentoring workshop at a national education conference. Marcus has also committed hundreds of hours of community service, which has included working with incarcerated youth at the Lansing Residential Center and with the Freedom School, located on the Akwesasne reservation. Mr. McKenna arrived at this time. Report from the Chair Ms. Robertson reported on the NYSAC (New York State Association of Counties) Conference held last week in Albany that she and several Legislators and County Administrator Joe Mareane attended. Meetings were also held with State representatives and others in the State Capitol. She said every county has dealt with financial challenges in different ways, but are united in opposition to the property tax cap proposed by the Governor. Some counties want mandates to go away and some would like more flexibility in how programs are administered. Several workshops were held on the State budget and Ms. Robertson commented there are still new unfunded cost shifts in the Governor's proposal. The State continues to dictate how programs should be run but have backed away from their share of the funding. For example, Probation - originally it was 46% state funded and now it will be 13%. Early Intervention had been a shared responsibility, 45% County, 20% State, and 35% school districts. The Governor's proposal moves the State's 20% to the school districts. There continues to be concern, and everything that was heard at the Conference concerns counties even more. Ms. Robertson expressed extreme disappointment that the Governor chose not to attend the conference or send the Lieutenant Governor. Also many of his executive staff had been scheduled the week prior to speak at workshops, but at the last minute were instructed not to attend. Mr. Mareane distributed a PowerPoint presentation outlining what the Governor's proposed budget and property tax cap means to Tompkins County that he shared this information at the NYSAC Conference with State representatives. He described the County's ability to generate revenue to offset rising mandate expenses as a "three-legged stool" that includes increasing the property tax, increasing taxes through Home Rule Legislation, and reducing expenditures. Mr. Mareane said the property tax cap being proposed takes away two of the three legs of this stool and will leave only the option of cutting discretionary spending. He said if there is going to be discussion of a property tax cap there has to be meaningful discussion of mandate relief and he tried to convey this message. The meetings with State representatives were with some fairly high-level people in State government. Mr. Burbank commented that the new Governor does not see counties as critical partners and he is very discouraged in how counties are being viewed. He commented on a document put together by NYSAC that includes a series of suggestions collected from members on ideas for relieving mandates. NYSAC did not evaluate any of the suggestions nor did they put in a disclaimer noting some of them are contradictory. He encouraged everyone to read the suggestions in the document. Mr. Stein said he agreed with the comments made about the conference. The property tax cap is not as hard a tax cap as it could be such as in the State of Massachusetts. The Legislature can override the cap with ten votes instead of the eight that are now required to pass a budget. Mr. Stein said he is impressed by the Governor's proposed Ethics resolution. He thinks it is a strong resolution that would make New York State as good as any other state in this regard. He said the 53 February 15, 2011 Governor is also endorsing the Gianaris-Valesky bill, which he believes does redistricting in a way that is superb. Mr. Stein said he read that the Governor would cut school aid across-the-board, but that would cut aid to rich school districts more than poor school districts and he thought this was a good idea. However an Editorial in the Ithaca Journal last week by Kathy Zahler states that cutting the rich districts might reduce their part of the funding from the State by a much lower amount than poorer districts if their dependence on State funding is significantly at a lower percentage. Based on this information he does not believe this would be fair. Ms. Chock said she had the opportunity to talk with the incoming NYSAC President, Mary Ann Hancock, and spoke of her ability to walk into each of the meetings and articulate what she thought was important about the work of that committee. Ms. Hancock is a very animated, enthusiastic woman who was going into meetings that were much more subdued and to make clear to people that she really had something to say. Ms. Chock spoke of Tompkins County's participation and said we make a difference in participating in the conference because Legislators are not afraid to raise their voices no matter how large the group. Mr. Proto said he attended the conference as a member of the State's Blue Ribbon Agriculture Task Force. The purpose was to elevate the importance of agriculture in the State including equine, swine, grapes organic forestry, landscaping, etc. and said that he and Alan Getrich spoke at the conference about these items. The Governor is establishing 10 economic focus areas across the State and the Task Force wants to make sure agriculture has a seat on them. Mr. Proto said the Task Force will be meeting again in the Spring. He also commented that Tompkins County was very well represented at the Conference. Mr. Burbank noted that he believes the Property Tax Cap will pass but is not sure what version will be adopted by the State Assembly. He said this community needs to be paying attention to this a lot earlier than the budget season because the County will be forced to deal with the implications of a tax cap and the cuts that could flow from that. Mr. Burbank said this Legislature will have to make some hard decisions and will also have to consider whether the services that have been enjoyed for many years are something we want to give in or whether as a Legislature consider an override. Mr. Robison thanked Legislators for reporting back on the conference. It is obvious the landscape will definitely be different. The State's unwillingness to consider home -rule legislation says they are not interested in counties. He said he would not be surprised if the State budget is passed very late this year resulting in programs becoming a moving target in a short period of time. The Legislature should probably start listening to constituents now because cuts may be severe. He thinks it's inevitable that it's going to come and the Legislature needs to work on what the County's priorities are. Ms. Robertson commented that departments will be able to make suggestions for streamlining operations but it will take time to enact. It is not too late for citizens and the County to carry the message to support the millionaire's tax and to change mandates before the tax cap goes into place. She spoke of "carve -outs" and noted growth in pension costs next year is about four times the growth in Medicaid. She said having a "carve -out" of pension costs would help towns, cities, and school districts. Ms. Kiefer spoke about the tax cap and the two percent being proposed or the rate of inflation and commented that so far inflation is lower. The discussion tonight has pointed out how difficult it is for counties in this situation. It's the residents that Legislators should worry about and believes the residents need to understand this sooner rather than later. The tax cap may sound good but it could cut the services people rely on the most such as library services and road patrol. Mr. Proto thinks there is no way to quickly implement all of the State's budget proposals and thinks it will take up to five years. He said counties need to give the State a message that it is too quickly to turn the budget problem around. He suggested stepping back and examining the taxing districts that impact Tompkins County. He said it may be time to have a discussion with other taxing entities, such as 54 February 15, 2011 the school districts, towns, and the City. Mr. Proto suggested collaboration to see if there is some common ground that could be identified that could lead to savings for all taxpayers. Mr. Dennis said the Ithaca City School District and the City of Ithaca have begun discussions. He thinks the wake-up call is there and people are recognizing what they have to do in a way like never before. Mrs. McBean-Clairborne said the school district and the City are beginning to discuss budgets and agreed the time is right for everyone to get together to talk about how to protect our citizens. She said there should be discussion of what tax increases can be reasonably accepted and what services can we live without. She stressed there needs to be discussion of collaboratively providing services and the importance of constituents speaking up to their elected representatives. Ms. Herrera said at the time a lot of us decided to run for public office, we had no idea we would be involved in some of these heartbreaking and difficult times. In the President's State of the Union address she was very disappointed with his mention of cuts to community action programs. She said these are the only federally funded programs that address poverty and that allow people to have strategies to get out of poverty. Ms. Herrera said over the last years we have struggled with ever -increasingly difficult budgets and it has become clear that despite the broad range of interests, this body is good at this and this Legislature is transparent and able to get things done that are important in this County. She said she is hopeful this body can put together a budget and get through this because this body is good at advocacy, collaboration, and education. Report on Cell Towers Ms. Robertson said a subgroup of the Council of Governments has been talking for over a year on the issue of cell tower siting within the County. Municipalities that are participating in a collaborative effort met with Silverberg and Zalantis, a consultant that was hired. Each of the seven municipalities contributed approximately $1,500 each to this effort to examine the question of whether we, as municipalities, could collaborate on ordinances and suggest where cell towers could be located within the County. Ms. Robertson said the attorney said it sounds like a very good idea although they had never heard of anyone else doing it. Another meeting will be set up with the consultant and she will let Legislators know when it will be. Chair's Appointment(s) Workforce Investment Board Amie Hendrix — At -large representative; term expires June 30, 2011 Report from the County Administrator Mr. Mareane announced the Legislature/Department Head retreat will be held March 2nd at 5:30 p.m. at the Health Depaitment. At the retreat there will be a discussion on (1) how the County can do a better job in explaining to the public what services are provided, and (2) sustainability which is a governing principal for the County. The next Legislature/Department Head retreat will be in April and will be focused on the Budget. Mr. Mareane provided a brief update on the Solid Waste single -stream recycling program that will begin on March 7 and said there will be an education/community plan to go along with that. He announced the following meetings with State legislators: February 17th at 2:00 p.m. with Assemblywoman Lifton and February 18`h at 2:00 p.m. with Senator Seward. He asked if anyone would like to attend to let him know in advance. Lastly he distributed information on a workshop "Undoing Racism". There are 12 slots available for the session, which is a three-day commitment. He has heard very positive feedback about this workshop and encouraged anyone who is interested to let him know. 55 February 15, 2011 Report from County Attorney Mr. Wood reported everything is moving forward with regard to the Carpet Bazaar building and expects to have the closing expects early next week. As a follow-up to the report by Mr. Mareane concerning the single -stream recycling program, Mr. Wood said tomorrow the 10 -year agreement with the new firm LCR, LLC goes into effect. Mr. Proto asked about the status of the proposed Road Preservation law. Mr. Wood said a meeting with the appropriate program committee chairs and staff will be held on February 16"' to discuss next steps and how to proceed. Report from the Finance Director Mr. Squires said he did not have a report. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda Ms. Robertson gave the appropriate committee chairs permission to withdraw the following resolution(s) from the agenda: - Approval of Contract Between the County and the Chamber of Commerce/Convention and Visitors Bureau for Tourism Services (ID # 2394) - Appropriation from Contingent Fund - Replacement Pay - Tompkins County Mental Health Department (ID # 2452) - Appropriation from Contingent Fund - Terminal Pay -Tompkins County Mental Health Department (ID # 2450) Mr. Proto requested Mrs. Covert to forward the two resolutions above appropriating monies from the Contingent Fund to Finance Director, David Squires. 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 resolutions under the Consent Agenda: Resolution 2011-14: Authorizing Public Hearings for Housing, Public Facilities, and Economic Development Needs for the Office of Housing and Community Renewal Community Development Block Grant Program (DOC ID: 2426) It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the New York State Office of Housing and Community Renewal's funding for the Community Development Block Grant (CDBG) program accepts competitive applications for housing, public facilities, and microenterprise projects in the spring of each year, and WHEREAS, Tompkins County would like to apply for competitive housing, public facilities, and/or microenterprise funds in 2011, and WHEREAS, Tompkins County is required to have at least two public hearings prior to submitting any CDBG applications for funding, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That two public hearing dates be set: the first to be held on March 1, 2011, to discuss general 56 February 15, 2011 housing, public facilities, and economic development needs in the County; and the second to be held on April 20, 2011, to discuss submitting a specific application for competitive housing, public facilities, and/or microenterprise funds under the CDBG program in 2011. These hearings will be held at 5:30 p.m., at a regularly scheduled meeting of the Tompkins County Legislature, 320 North Tioga Street, Ithaca, New York, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to place proper notice of these public hearings in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-15: Authorization to Accept American Recovery and Reinvestment Act of 2009 (ARRA) Funds and Budget Adjustment — Health Department (DOC ID: 2454) It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) provides funding for programs under the Individuals with Disabilities Education Act through the New York State Department of Health (NYSDOH) for the period October 1, 2009, through September 30, 2011, and WHEREAS, the purpose of the NYSDOH funding is to offset administrative expenses at the local level for the local administration of the Early Intervention Program consistent with the current program workplan requirements, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, 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 NYSDOH funding: REVENUE: 4047.44401 Federal Aid $31,512 APPROPRIATION: 4047.52206 Computer Equipment $ 2,500 .52220 Departmental Equipment $ 3,600 .52222 Communications Equipment $ 2,900 .54333 Education and Promotion $ 8,762 .54400 Program Expense $ 4,000 .54412 Travel/Training $ 6,750 .54442 Professional Services $ 3,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-16: Award of Contract for Electronic Medical Records Project - Mental Health Department (DOC ID: 2453) It was MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, Tompkins County Mental Health is required by New York State Office of the Medicaid Inspector General (OMIG) and the Federal Office of the Inspector General (OIG) to comply with certain documentation and billing standards related to the provision of service to the residents of Tompkins County, and WHEREAS, the Mental Health Department provides over 30,000 units of mental health services per year and seeks to enhance their provision and quality of service to the residents of Tompkins County through an electronic system that is capable of daily maintenance of medical documentation such as, treatment plans, progress notes, medication management, and emergency services, and WHEREAS, in collaboration with the County Information Technology Services, the Mental Health Department conducted a department -wide inclusive process to review and identify departmental 57 February 15, 2011 need and to choose the vendor who could best provide the technical and practical components germane to mental health documentation and services; the department solicited bids from ten (10) appropriate electronic medical record companies then narrowed the field of choices to four (4) final choices and made the final selection to work with Information Management Associates (IMA), of 1595 Lincoln Highway, Edison, New Jersey, based upon cost of the project, staff training and ongoing support and services, and WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) grants program provides funds to help local governments establish records management programs or develop new program components, and WHEREAS, the department applied for and was granted a New York State Archives Grant through the LGRMIF in the amount of $46,278 to assist in the funding for implementation of a new electronic medical records system and received authorization from the Tompkins County Legislature via Resolution No. 200 of 2009 to accept this grant, and WHEREAS, the department has received the first two payments from the grant in the amount of $18,511 and $23,139 and was then required to provide written documentation upon determination of the vendor to the New York State Archives program and to spend these grant funds via payment to the selected vendor, by the end of 2010, and WHEREAS, a final payment of $4,628 has been approved upon receipt of above -noted documentation and expenditure, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature hereby authorizes the County Administrator, or his designee, to award this Electronic Medical Record project contract to the selected vendor, IMA, on behalf of the Mental Health Department. 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, to approve the following appointments under the Consent Agenda: Advisory Board on Indigent Representation Martha Robertson — Legislator; term expires December 31, 2012 Peter Stein — Legislator; term expires December 31, 2012 STOP -DWI Advisory Board Brian Robison - Public Safety Committee member; term expires December 31, 2012 Local Emergency Planning Committee Peter Stein - Chair of the Public Safety Committee; no set term Criminal Justice Advisory/Alternatives-to-Incarceration Board Peter Stein - Chair of the Public Safety Committee; term expires December 31, 2012 Traffic Safety Committee (J. Dennis is currently a member) Peter Stein - Public Safety Committee member; term expires December 31, 2013 Brian Robison — Public Safety Committee member; term expires December 31, 2013 Pamela Mackesey - Public Safety Committee member; term expires December 31, 2011 Agriculture and Farmland Protection Board Edward W. Scheffler — Farmer representative; term expires December 31, 2014 Youth Services Board Asher Hockett — Town of Danby representative; term expires December 31, 2013 Kathleen Schlather — At -large representative; term expires December 31, 2013 58 February 15, 2011 Mental Health Subcommittee Tracy M. Decker — Community member representative; term expires December 31, 2013 Paula J. Winner — Community Mental Health Services Board member representative; term expires December 31, 2014 Office for the Aging Advisory Committee Satomi Z. Hill — term expires December 31, 2013 Personal Emergency Response Service Advisory Board Beth Harrington — Agency representing disabled or elderly; term expires December 31, 2011 Workforce Diversity and Inclusion Committee Nathan Shinagawa — Legislator; term expires December 31, 2013 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, said the Committee met February 2. The Committee reviewed the Planning Department's work plan for 2011, which included many energy conservation initiatives. She also reported a new staff person will be hired to oversee the tourism program and a brief report was provided to the Committee on a housing market study that will look at anticipated housing needs in the community Gary Ferguson of the Downtown Ithaca Alliance spoke about a study they will be doing on housing markets that will probably be expanded to look at all future housing demands in Tompkins County. Mr. Marx spoke about the possibility of putting together a Finger Lakes Rural Sustainability project to look at common ground with counties in the Finger Lakes region for economic development and to try to come up with a vision for the future. There is also work being done on a sustainability center downtown. Ms. Mackesey said the Committee received an update on tourism and reported that the room tax dollars increased by 7% in 2010. The Committee also discussed the County weighing in favor of a proposed wind farm and what role the County should play in a private project like that. Resolution 2011-17: Appointments to Industrial Development Agency (DOC ID: 2441) It was MOVED by Ms. Macksesey, seconded by Ms. Pryor, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, Section 856 of the General Municipal Law authorized that the Tompkins County Legislature designate the members of the Tompkins County Industrial Development Agency (TCIDA) by resolution, and WHEREAS, members of the TCIDA who are also members of the Tompkins County Legislature shall be appointed annually by the Chair of the County Legislature subject to the approval of the Legislature, and WHEREAS, non -legislator board members shall be appointed for a term of two years by the same process, 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 members be appointed for two-year terms: Jeff Furman - At -large member 59 February 15, 2011 Dan Cogan - At -large member Larry Baum - Tompkins County Area Development Board of Directors representative RESOLVED, further, That Martha Robertson serve as the Chair of the Industrial Development Agency, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to file with the Secretary of State a Certificate of Appointment. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report from the Budget, Capital, and Personnel Committee Mr. Dennis, Chair, said the Committee met February 14 and received a monthly sales tax distribution report from the Finance Director. Sales tax increased 4.2% between January 2010 and January 2011. Mr. Dennis commented that those numbers are just now coming back to where they were three to five years ago and that there really has not been a lot of fluctuation in those numbers from 2006 to 2010. Ms. Chock requested a chart or table showing the last few years the sales tax information highlighted above. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Stein, Chair, said the next Committee meeting is February 22. Resolution 2011-18: Budget Adjustment - Sheriff (DOC ID: 2410) It was MOVED by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, funds were set-aside in the 2011 budget to provide for required salary adjustments resulting from the Arbitration Award covering the period March 1, 2006, through February 28, 2008, and WHEREAS, the 2011 adopted budget did not incorporate Arbitration Award salary adjustments in the Sheriffs Department 2011 salary lines, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Personnel Committees, That the Director of Finance make the following budget adjustments: From Amount To Amount 9101.58800 Fringes $ 17,720 3110.51000419 Deputy Sheriff 3110.51000412 3110.512000 3110.516000 3110.58800 From Amount 9101.58800 Fringes $ 360,650 3113.51000412 3113.51000413 3113.51000417 3113.51000419 3113.512000 60 SGT- Deputy Sheriff Overtime Longevity Fringe To SGT- Deputy Sheriff CRIM- Investigator SR- CRIM Investigator Deputy Sheriff Overtime 3,559 4,306 545 450 8,860 $ 17,720 Amount $ 25,836 $ 17,224 $ 4,827 $ 88,975 $ 42,858 SEQR ACTION: TYPE II -20 February 15, 2011 3113.516000 Longevity $ 605 3113.58800 Fringe $ 180,325 * * * * * * * * * * $ 360,650 Approval of Appointment from the Planning, Development, and Environmental Quality Committee It was MOVED by Ms. Mackesey, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the following appointment: Soil and Water Conservation District Pat Pryor — Legislator; term expires December 31, 2013 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, encouraged people to attend the workshop "Undoing Racism" mentioned earlier in the meeting and hopes to continue discussions with the Personnel Department, in particular on the topics that have come up in these series. She reminded the Legislature that it is Black History Month and that there are a number of activities happening around the community. She also announced that Friday is GIAC's Annual community talent show. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on February 9th and had a discussion about the block grants, but nothing has transpired as it was simply a comment in the State of the Union speech. He said the ripple in the community, however, has been severe. He reported on the effect of the proposed State budget with regard to the Office for the Aging (COFA) and said EPIC program will be severely hurt because it is not in the proposed Governor's budget. Dammi Herath of the Women's Opportunity Center gave a presentation and said the Center has lost almost $700,000 in State funding. There is a possibility that some of that money may be restored, but she was adamant that half of it would not be. Betty Falcao of the Health Planning Council announced they received a five-year grant of $240,000 per year for a collaborative effort between the Health Department and Cooperative Extension to promote healthy living. For the first two years they will be focusing on Dryden and the City of Ithaca communities and hopefully moving it into other communities in the County. Jeanne Lecesse who stepped down from the Planning Department is now the new Coordinator for this program. Invitations are being sent out from Meals on Wheels to deliver meals on March 23, and if Legislators are interested, sign up is through the Foodnet program. The Public Health Director search has been narrowed and a second round of interviews will be scheduled. He hopes to conclude the process in early Spring. Lastly, he reported a special meeting will be held on March 8th at 3:30 p.m. to discuss Medicaid reform and the effects on County departments with regard to the Governor's budget proposal. The next regular Committee meeting is March 9th Report from the Facilities and Infrastructure Committee Ms Chock, Chair, said the Committee met February 4th and heard a report from Barbara Eckstrom, Recycling and Solid Waste Center Division Manager, that the recycling contract change begins February 16th. People will see a change on March 7 to single -stream recycling. Information about this will be distributed via e-mail and website. Don Ellis, Director of Weights and Measures reported he has added 47 to the inventory of new devices to test and for the most part people are in compliance. Mr. Mareane reported to the Committee on the Public Works Department's reorganization plan and will continue to keep the Committee informed. There was discussion and follow-up on the proposed road preservation law with staff and the committee. The responses and input received from the public is a real indication that the County is going about things the right way. Mr. LeMaro, Facilities Manager, reported on various projects and said he received ten bids for the exterior work on the Old Courthouse building. 61 February 15, 2011 The bids ranged from $300,000 to $500,000. He has also received bids on Center of Government Business Case Analysis. He is also pursuing with the Court system about whether they may owe the County an additional $50,000 for court space renovations. In addition, the Committee held a discussion on the notion of project labor agreements. The next Committee meeting is March 4th. Report from the Capital Plan Review Committee Ms. Robertson, Chair, reported the Committee met on February 10th and discussed courthouse renovations and said the total project will need to be built into the capital plan. Mr. LeMaro, Facilities Manager, reported on the Carpet Bazaar building and said everything is progressing. Mr. Marx presented and reviewed a timeline of various projects for 2011 that are in the works. There was discussion concerning moving programs out of the Old Library and to accomplish that before going through another winter. There were four proposals received for the Center of Government Business Case Analysis and Mr. LeMaro will make a recommendation at the next meeting. Report from Government Operations Committee Mr. Lane, Chair, reported the Committee will meet on January 17th and highlighted items on the agenda to be discussed including the discussion of the minute policy and redistricting. He agreed with Ms. Chock's comments about the proposed road preservation law and said he appreciated the opportunity to hear from the public and said the intent of this law is to protect the community. Mr. Proto asked about the timeline for redistricting. Mr. Lane said names of interested people are being collected. The Committee will be developing a process for selecting names and making a recommendation to the full Legislature as to the structure of the commission. Approval of Minutes of February 1, 2011 It was MOVED by Mr. Burbank, seconded by Ms. Kiefer, to approve the minutes of the February 1St meeting with the proposed changes submitted by Legislator Kiefer. Ms. Mackesey disagreed with the recommended changes made to her comments under the Capital Plan Review Committee report and MOVED to accept the following language as originally presented, seconded by Mr. Stein: "Ms. Mackesey recalled that consideration was going to be given to have retail in the front of the Carpet Bazaar building. Ms. Robertson said the Committee looked at the possibility of consolidating other county functions into this building and save money on leases." It was MOVED by Mr. Burbank, seconded by Mr. Stein, and unanimously adopted by voice vote, to call the question on the motion to amend the minutes. QUESTION WAS CALLED. A voice vote resulted as follows on the amendment to the minutes: Ayes — 15, Noes — 0. AMENDMENT CARRIED. Ms. Herrera said she will vote no on this because she believes these kinds of changes reflect a policy change that the Legislature has not voted on and is unusually risky and untransparent. A voice vote resulted as follows on the minutes as amended: Ayes — 11, Noes — 4 (Legislators Dennis, Herrera, McBean-Clairborne, and Robison). MINUTES AS AMENDED APPROVED. Mrs. McBean-Clairborne said she would appreciate receiving changes to the minutes in advance of being considered. 62 Recess February 15, 2011 Ms. Robertson declared recess at 7:37 p.m. The meeting reconvened at 7:50 p.m. Executive Session It was MOVED Mr. Dennis, seconded by Mr. Lane, and unanimously adopted by voice vote, to hold an executive session at 7:50 p.m. to discuss labor negotiations, real estate negotiations, and a personnel matter. The meeting returned to open session at 8:35 p.m. Adi ournment The meeting adjourned at 8:35 p.m. 63 March 1, 2011 Regular Meeting Public Hearing Ms. Robertson called the public hearing to order at 5:30 p.m. to discuss general housing, public facilities, and economic development needs in the County. Leslie Schill, Planning Department, said the purpose of the public hearing is to provide the opportunity for individuals to bring proposals forward and seek grant funds. A follow-up public hearing will take place on April 20, 2011, to consider proposals brought forward. She said questions should be directed to her at the Planning Department. Stacy Murphy, Energy Services Director at Tompkins Community Action, said she plans to bring forward a proposal for housing rehabilitation application with a focus on roof repairs. John Spence, Executive Director of Better Homes of Tompkins County, said a successful project for the grant funds would be addressing the need for wells and septic repairs and improvements. No one else wished to speak and Ms. Robertson closed the public hearing at 5:38 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Shinagawa). Announcement of Executive Session Ms. Robertson announced there would be an executive session at the end of the meeting to discuss personnel matters. Privilege of the Floor for the Public Joe Wilson, Hunt Hill Road, spoke in support of the resolution entitled "Supporting the Extension of the Tax Surcharge on Wealthy New Yorkers to Improve Equity in Taxation and Help Close the State's Projected Budget Gap". Neil Oolie, Tompkins County Workers Center, also spoke in support of the resolution entitled "Supporting the Extension of the Tax Surcharge on Wealthy New Yorkers to Improve Equity in Taxation and Help Close the State's Projected Budget Gap". Bob Spaulding, Ithaca Board of Realtors Treasurer, spoke in opposition of the resolution entitled "Endorsement of Legislative Bills S.3174 and A.4697 Authorizing a $0.25 Per $100 Mortgage Recording Tax on Obligations Secured by a Mortgage on Real Property". Municipal Official No municipal official was present. Privilege of the Floor by Legislators Ms. Pryor, District No. 6 Legislator, reported the Broadband Committee is continues to meet and the Committee has developed three subcommittees to address the following areas: (1) to review funding 64 March 1, 2011 options; (2) how to obtain county -wide broadband services; and (3) how to educate the community to enable ease of access when services become available. Ms. Chock, District No. 3 Legislator, announced the Recycling and Solid Waste Center recycling program will become single -stream recycling beginning March 7th. She also announced the Tompkins County Council of Governments Assessment and Land Evaluation Workgroup meeting attended by real estate attorneys, members of the Board of Realtors, and local banks held a discussion on how gas drilling affects the value and financing of property. Mr. Burbank, District No. 12 Legislator, said March 25th would mark the centennial of the worst industrial fire in our history and stressed the importance of remembering how unions have assisted in making conditions better. Mr. Proto, District No. 7 Legislator, expressed his concern with regard to New York State Electric and Gas Corporation's discontinuing the ability to pay bills at local banking institutions and noted it often is one of the few places senior citizens can socially interact. He complimented Melissa Steinbach, Ithaca College student, for starting Project Generations, a volunteer service for senior citizens. Ms. Kiefer, District No. 10 Legislator, spoke of a Cornell University Professor inviting a speaker to a meeting on March 2nd to discuss an alternative method of hydrofracturing using propane that is being used in Canada. She reported on a Federal trial involving Tim DeChristopher who successfully bid on Federal lands to avoid oil and gas leases, however, at the time he did not have the financial means to pay. Mr. Lane, District No. 14 Legislator, spoke of the tragic loss of two students, one at Cornell University and one at Ithaca College and that their deaths may have been alcohol related. He would like to see action similar to the Federal laws that banned advertising for tobacco products. Ms. Herrera, District No. 5 Legislator, said she is proud to be a union member and follow events taking place across the country. Presentation of the State of Tompkins Cortland Community College Carl Haynes, Tompkins Cortland Community College President, provided an overview of the College's budget and the impacts of the New York State budgets over the last two years. He also distributed the 2010 Annual report and highlighted program areas. Chair's Report Ms. Robertson reported she attended the first day of the Undoing Racism workshop. She reported on a conference call she had with New York State Association of Counties staff members Steve Acquario and Dave Lucas regarding the Medicaid Redesign Team report that was released on February 24th. Ms. Robertson announced she was one of forty Democrats signing a letter to the Governor opposing cuts to senior citizens and youth, and opposing the tax cut for wealthy individuals. Ms. Robertson passed around a note of thanks received by the wife of Justice Rolls, a victim of the Tucson shooting. Chair's Appointment 2015. Ms. Robertson appointed Simon St. Laurent to the Civil War Commission, term to expire May 65 March 1, 2011 Report from the County Administrator Mr. Mareane announced the Legislature/Department Head Retreat will be March 2nd at 5:30 p.m. at the Health Department Building and highlighted the agenda items. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires announced the sales tax figures for January were up 4.8 percent. He reported during the first month the Tompkins County Health Consortium took in $2 million in premiums and paid out $500,000; in February it took in and paid out $2 million. Additions to and Withdrawal from the Agenda It was MOVED by Ms. Mackesey, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled "Approval of Contract Between the County and the Chamber of Commerce/Convention and Visitors Bureau for Tourism Services". Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Stein, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Library Board of Trustees Bruce D. Ryan - term expires December 13, 2012 Workforce Diversity and Inclusion Committee Betsy Doling — County staff representative; term expires December 31, 2013 Criminal Justice Advisory/Alternatives-to-Incarceration Board (CJA/ATI) Ken Lansing - Sheriff representative; term expires December 31, 2013 STOP -DWI Advisory Board Ken Lansing - Sheriff representative; term expires December 31, 2013 Local Emergency Planning Committee Ken Lansing - Sheriff representative; No set term Traffic Safety Committee Ken Lansing - Sheriff representative; term expires December 31, 2012 Emergency Communications Review and Oversight Committee Ken Lansing - Sheriff representative; term expires December 31, 2011 Brian Wilbur — Countywide Fire/EMS; term expires December 31, 2013 Peter Stein — Public Safety Committee Delegate; term expires December 31, 2011 Leslyn McBean-Clairborne, Public Safety Committee Alternate; term expires December 31, 2011 Personal Emergency Response Service Advisory Board Ken Lansing - Sheriff representative; term expires December 31, 2011 66 March 1, 2011 Advisory Board on Indigent Representation Diane V. Bruns - Term expires December 31, 2013 Family Court Advisory Council Virginia Metcalf - At -large representative; term expires December 31, 2012 Diane B. Withiam - At -large representative; term expires December 31, 2013 Presentation of Resolution(s) from the Budget, Capital, and Personnel Committee Resolution 2011-19: Endorsement of Legislative Bills S.3174 and A.4697 Authorizing a $0.25 Per $100 Mortgage Recording Tax on Obligations Secured by a Mortgage on Real Property (DOC ID: 2476) MOVED by Mr. Dennis, seconded by Ms. Kiefer. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators Lane, McBean-Clairborne, and Proto); Excused — 1 (Legislator Shinagawa). 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, the County has subsequently reiterated its desire for such home rule authority in discussions and formal correspondence with members of the New York State Legislature, and WHEREAS, in 2011, S.3174 and A.4697 "An Act to amend the tax law, in relation to authorizing the county of Tompkins to impose a county recording tax obligation secured by a mortgage on real property; and providing for the repeal of such provisions upon expiration thereof," were introduced in the New York State Legislature, and WHEREAS, the proposed State legislation provides that the authorization to impose the tax shall expire on December 1, 2014, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature endorses and requests State approval of legislation known as S.3174 and A.4697 authorizing the County to adopt a local law imposing a twenty-five cent per each $100 mortgage recording tax on obligations secured by a mortgage on real property. SEQR ACTION: TYPE II -20 * * * * * * * * * * Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Resolution 2011-20: Approval of Contract Between the County and the Chamber of Commerce/Convention and Visitors Bureau for Tourism Services (DOC ID: 2394) MOVED by Ms. Mackesey, seconded by Ms. Chock. It was MOVED by Mr. Robison, seconded by Mr. Dennis, to call the question. A voice vote on the motion resulted as follows: Ayes — 10; Noes — 4 (Legislators Chock, Kiefer, Herrera, and Mackesey); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, the Legislature has contracted with the Tompkins County Chamber of Commerce (the "Chamber") since 1987 to market Tompkins County as a tourism destination as part of the County's tourism promotion program, and 67 March 1, 2011 WHEREAS, the Chamber, through its Convention and Visitors Bureau, has built countless highly successful marketing campaigns that motivate thousands of visitors to stay here overnight and infuse new income into the local economy, and WHEREAS, the Chamber, through its Convention and Visitors Bureau, has created a vibrant network of tourism partnerships within the communities that work collectively toward a common goal of attracting overnight visitors while enhancing the quality of life for residents, and WHEREAS, that current contract will expire on December 31, 2011, and WHEREAS, under the terms of the current contract, the Chamber and County agreed to negotiate a successor agreement by the end of 2010, and WHEREAS, funding for this contract shall be made entirely from the Room Tax account and in accordance with appropriations made by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the contract between the Chamber and the County for the period January 1, 2011, through December 31, 2015, is hereby approved, RESOLVED, further, That the County Administrator or his designee is authorized to execute all contracts and documents necessary pertaining to this agreement. SEQR ACTION: TYPE II -20 * * * * * * * * * * Presentation of Resolution(s) from the Public Safety Committee Resolution 2011-21: Creation of Confidential Investigator Position - District Attorney's Office (DOC ID: 2473) MOVED by Mr. Stein, seconded by Mr. Proto. Following discussion, it was MOVED by Mr. Stein to call the question. MOTION FAILED FOR LACK OF A SECOND. It was MOVED by Mr. Dennis, seconded by Mr. Stein, to call the question. A voice vote on calling the question resulted as follows: Ayes — 12; Noes — 2 (Legislators Chock and Mackesey); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators Lane, McBean-Clairborne, and Robison); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, the District Attorney has recognized the need for a Confidential Investigator because the investigations carried out by the District Attorney's Office have increased in both number and type, and WHEREAS, the Confidential Investigator will serve as a liaison between the District Attorney's Office and law enforcement agencies on criminal investigations and will also conduct investigations in matters that are initiated by the District Attorney's Office, and WHEREAS, the creation of a Confidential Investigator position will greatly enhance the District Attorney's Office's ability to prosecute crime and secure convictions, and WHEREAS, subsequent to the adoption of the 2011 budget, the District Attorney identified additional resources for 2011 that include District Attorney seizure monies, State Illegal Knife Profits settlement, and Crimes Against Revenue Project grant, and WHEREAS, in order to encourage applications from experienced law enforcement personnel, the County intends to request home rule legislation allowing the successful applicant to continue to benefit as a member of any more favorable retirement plan afforded Deputy Sheriffs and members of other police forces, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Personnel Committees, That one position of Confidential Investigator, Labor Grade P (86) at 40 hours per week, be created in the District Attorney's Office effective March 1, 2011, 68 March 1, 2011 RESOLVED, further, That the Director of Finance is authorized to make the following adjustments in the budget of the District Attorney: REVENUE: Account No. 1165.42625 Forfeiture/State RSTD $20,271 1165.42681 Legal Settlements $14,438 1165.42705 Gifts and Donations $46,700 TOTAL $81,409 APPROPRIATION: Account No. 1165.51000203 Confidential Investigator $53,771 1165.58800 Fringes $27,638 TOTAL $81,409 SEQR ACTION: TYPE I1-20 Recess * * * * * * * * * * Ms. Robertson declared recess at 8:02 p.m. The meeting reconvened at 8:08 p.m. Presentation of Resolution(s) from the Government Operations Committee Resolution 2011-22: Revised Procedures for the Recording and Maintaining of Minutes of Meetings of the Tompkins County Legislature, Legislative Standing Committees, And Special Committees of the Legislature (DOC ID: 2464) MOVED by Mr. Lane, seconded by Ms. Pryor. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to offer the following substitute resolution. A voice vote on the substitute resolution resulted as follows: Ayes — 4 (Legislators Burbank, Chock, Kiefer, and Proto); Noes — 10; Excused — 1 (Legislator Shinagawa). MOTION TO SUBSTITUTE FAILED. WHEREAS, the Government Operations Committee was charged with review and update of the current policy on Minutes of Meetings of the Legislature and Its Committees (Policy 01-00), and subsequently, a subcommittee was formed to review and make recommendations to the Government Operations Committee, and WHEREAS, the subcommittee's work included input from various stakeholders resulting in the following recommended revisions to the existing policy: • Reformatting text according to the current policy/procedure template • Updating all outdated references terminology, such as the "Board of Representatives" to "Legislature" • Updating all references and information related to applicable laws, policies, and rules, including: 1. Public Officers Law, Section 106 -Minutes; 2. Administrative Policy 01-25: Compliance with the Open Meetings Law; 3. Rules of the Tompkins County Legislature; 4. Robert's Rule of Order (10th Edition). • Revising the procedures, as appropriate, based on the findings of the 2004 Meeting Record -Keeping (MRK) Task Force. • Revising the procedures, as appropriate, as suggested by memo from the Chair of the Legislature, dated June 25, 2010 • Revising the procedures, as appropriate, as suggested in a statement from Legislator Kathy Luz Herrera, dated June 14, 2010, and WHEREAS, a proposed policy update of Policy 01-00 has been prepared and will proceed through the normal process for approval (as outlined in Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government), and WHEREAS, until the proposed policy update of Policy 01-00 is fully vetted and approved by the Legislature there remains an immediate need for guidelines for the recording of minutes of the 69 March 1, 2011 Legislature, Legislative Standing Committees, and Special Committees of the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That henceforth official meeting minutes of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature shall include only resolutions, motions proposed, and the actions taken, RESOLVED, further, That the procedure for recording and maintaining official meeting minutes of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature shall include the following: 1. Staff designated to provide meeting minute support will take notes and produce draft written minutes as they have done in the past; and 2. Of From these draft written minutes notes, only action items will be copied into a separate action - only minutes document and presented for approvals and, once approved, shall become the official Legislative record; and 3. Staff designated to provide meeting minute support shall keep their draft written minutes notes of the meeting on file as "Notes" for future reference by Legislators, County staff, and the public as needed; and 4. Legislators and County staff may submit comments related to meeting agenda items and summaries of what was said. These comments will be kept on file with the meeting notes for future reference as -needed. SEQR ACTION: TYPE I1-20 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Chock, to amend the resolution to delete "and available on the County website" in the following paragraph: "3. Staff designated to provide meeting minute support shall keep notes of the meeting on file for future reference by Legislators, County staff, and the public." Following discussion, it was MOVED by Mr. Lane, seconded by Mr. Dennis, to call the question. A voice vote on the motion resulted as follows: Ayes — 12; Noes — 2 (Legislators Chock and Kiefer); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes — 10; Noes — 4 (Legislators Burbank, Lane, Robertson, and Stein); Excused — 1 (Legislator Shinagawa). AMENDMENT CARRIED. It was MOVED by Mr. Robison, seconded by Mr. Lane, to call the question. A voice vote on the motion resulted as follows: Ayes — 11; Noes — 3 (Legislators Chock, McBean-Clairborne, and Proto); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the resolution as amended resulted as follows: Ayes — 10; Noes — 4 (Legislators Burbank, Chock, Kiefer, and Proto); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, the Government Operations Committee was charged with review and update of the current policy on Minutes of Meetings of the Legislature and Its Committees (Policy 01-00), and subsequently, a subcommittee was formed to review and make recommendations to the Government Operations Committee, and WHEREAS, the subcommittee's work included input from various stakeholders resulting in the following recommended revisions to the existing policy: • Reformatting text according to the current policy/procedure template • Updating all outdated references, such as the "Board of Representatives" to "Legislature" • Updating all references and information related to applicable laws, policies, and rules, including: 1. Public Officers Law, Section 106 -Minutes; 2. Administrative Policy 01-25: Compliance with the Open Meetings Law; 3. Rules of the Tompkins County Legislature; 4. Robert's Rule of Order (10`h Edition). 70 March 1, 2011 • Revising the procedures, as appropriate, based on the findings of the 2004 Meeting Record -Keeping (MRK) Task Force • Revising the procedures, as appropriate, as suggested by memo from the Chair of the Legislature, dated June 25, 2010 • Revising the procedures, as appropriate, as suggested in a statement from Legislator Kathy Luz Herrera, dated June 14, 2010, and WHEREAS, a proposed policy update of Policy 01-00 has been prepared and will proceed through the normal process for approval (as outlined in Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government), and WHEREAS, until the proposed policy update of Policy 01-00 is fully vetted and approved by the Legislature there remains an immediate need for guidelines for the recording of minutes of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That henceforth official meeting minutes of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature shall include only resolutions, motions proposed, and the actions taken, RESOLVED, further, That the procedure for recording and maintaining meeting minutes of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature shall include the following: 1. Staff designated to provide meeting minute support will take notes as they have done in the past; and 2. Of these notes, only action items will be presented for approval and, once approved, shall become the official record; and 3. Staff designated to provide meeting minute support shall keep notes of the meeting on file for future reference by Legislators, County staff, and the public; and 4. Legislators may submit comments related to meeting agenda items. These comments will be kept on file with the meeting notes for future reference. SEQR ACTION: TYPE II -20 * * * * * * * * * * Presentation of Resolution(s) and Report from the Budget, Capital, and Personnel Committee Resolution 2011-23: Supporting the Extension of the Tax Surcharge on Wealthy New Yorkers to Improve Equity in Taxation and Help Close the State's Projected Budget Gap (DOC ID: 2487) MOVED by Mr. Dennis, seconded by Ms. Herrera. It was MOVED by Mr. Stein, seconded by Ms. Pryor, to amend the resolution to read as follows: "RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature calls on the New York State Senate and Assembly to temporarily extend the tax surcharge on the wealthy to provide additional revenues to the state and mitigate the substantial negative effect of the proposed cuts on the most vulnerable New York residents,". It was MOVED by Mr. Burbank, seconded by Ms. Herrera, to call the question. A voice vote on the motion resulted as follows: Ayes - 5 (Legislators Burbank, Dennis, Herrera, Lane, and Mackesey); Noes — 10; Excused — 1 (Legislator Shinagawa). MOTION FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to amend the amendment to read as follows: "RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature calls on the New York State Senate and Assembly to permanently extend 71 March 1, 2011 the tax surcharge on the wealthy to provide additional revenues to the state and mitigate the substantial negative effect of the proposed cuts on the most vulnerable New York residents,". A voice vote on the amendment to the amendment resulted as follows: Ayes — 4 (Legislators Burbank, Chock, Herrera, and Mackesey); Noes — 10; Excused — 1 (Legislator Shinagawa). AMENDMENT TO THE AMENDMENT FAILED It was MOVED by Mr. Stein, seconded by Mr. Lane, to call the question. A voice vote on the motion resulted as follows: Ayes — 10; Noes — 4 (Legislators Chock, Kiefer, McBean-Clairborne, and Proto); Excused — 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the motion to amend resulted as follows: Ayes — 6 (Legislators Dennis, Lane, McKenna, Proto, Pryor, and Stein); Noes — 8 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McBean-Clairborne, Robertson, and Robison); Excused — 1 (Legislator Shinagawa). MOTION TO AMEND FAILED. It was MOVED by Mr. Robison, seconded by Mr. Stein, to amend the language in the resolution as follows: "RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature calls on the New York State Senate and Assembly to extend temporarily the tax surcharge on the wealthy to provide additional revenues to the state and mitigate the substantial negative effect of the proposed cuts on the most vulnerable New York residents,". It was MOVED by Mr. Lane, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to call the question. THE QUESTION WAS CALLED. A voice vote on the motion to amend resulted as follows: Ayes — 13; Noes — 1 (Legislator Herrera); Excused — 1 (Legislator Shinagawa). MOTION CARRIED. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, on February 1, 2011, Governor Andrew Cuomo unveiled a proposed 2011-2012 state budget that closes a $10 billion budget deficit through deep cuts to state and county programs including a $2.85 billion cut to Medicaid, at least $1.5 billion in cuts to education, and the possible laying off of 9,800 state workers, and WHEREAS, the proposed 2011-2012 state budget disproportionately targets spending reductions on programs that serve the most vulnerable populations. This includes, but is not limited to, youth, children with developmental disabilities, the elderly, the poor, and those living with disabilities, and WHEREAS, these proposed cuts will have widespread effects on the people of Tompkins County and the entire state, and WHEREAS, according to a February 2011 resolution by the membership of NYSAC (New York State Association of Counties), "the gradual, but steady, pullback in State funding support for a variety of human services programs including child welfare, adoption subsidies, food stamp administration, Family Assistance, Safety Net, and youth detention and treatment creates an environment in which the State is directly moving away from its constitutional requirement to care for the needy," and WHEREAS, in 2009, New York State approved a temporary income tax surcharge that increased the tax rate on those earning between $300,000 and $500,000 from 6.85 to 7.85 percent, and those earning over $500,000 to 8.97 percent, and WHEREAS, overall, the wealthiest households pay a much smaller share of their income in state and local taxes than do all other New Yorkers, even with the temporary income tax increase, and WHEREAS, the top personal income tax rate was 15.375% in the early 1970's, and investment income used to be taxed at a higher rate than earned income, and 72 March 1, 2011 WHEREAS, Governor Cuomo's proposed budget does not include revenue generation by extending this temporary tax surcharge on the wealthy, and WHEREAS, Governor Cuomo's refusal to extend the income tax surcharge on the wealthy will cost the state $4 billion in lost revenue in the 2012 fiscal year according to state budget projections, and WHEREAS, on February 21, 2011, Governor Cuomo stated, "I don't believe in increasing taxes, I believe it's counterproductive for the state. I believe more people will leave the state and you'll have less revenue.", and WHEREAS, extending a current level of taxation is not the same as increasing taxes, and in any case the extension does not bring the upper tax rate even close to the historic rate of 15.375%, and WHEREAS, it is difficult to find data to support the statement that moderate tax rate increases at the top levels induce outmigration. In fact, after New York passed a temporary surcharge on higher - income taxpayers in 2003, the number of high-income returns grew by 30% while the surcharge was in effect. Evidence from New Jersey shows that since 2004, when that state raised the tax rate on half - millionaires by 2.6%, the number of people earning at least $500,000 has grown by 70% and people have not left the state as a result, and WHEREAS, increasing taxes on those making a million dollars or more is favored by two thirds of New York voters according to a NYT/Marist poll released February 1, 2011, and WHEREAS the Tompkins County Legislature believes that all New Yorkers should share in sacrifice in these difficult fiscal times, especially those most financially able to do so, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature calls on the New York State Senate and Assembly to extend temporarily the tax surcharge on the wealthy to provide additional revenues to the state and mitigate the substantial negative effect of the proposed cuts on the most vulnerable New York residents, RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo, Senate Leader Dean Skelos, Senate Minority Leader John Sampson, Senator Jeffrey Klein, Senator James Seward, Senator Tom O'Mara, Senator Mike Nozzolio, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Assemblywoman Barbara Lifton, NYSAC President William Ryan, and NYSAC Executive Director Steven Acquario. SEQR ACTION: TYPE II -20 * * * * * * * * * * Mr. Dennis, Chair, reported the Blue Collar Union rejected the mediated proposal sent and negotiations will now go to fact-finding. Presentation of Resolution(s) and Report from the Government Operations Committee Resolution 2011-24: Authorizing the County Administrator to Enter into a Lease for Property Located on Elmira Road in Ithaca (DOC ID: 2475) MOVED by Mr. Lane, seconded by Mr. Proto. Ms. Herrera requested the resolution be pulled from the Consent Agenda to acknowledge that by maintaining ownership the County ensures the right to peaceful assembly. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, Will -Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca including a road providing access to the development and a sign for advertising purposes, on an irregularly shaped .25 acre parcel which parcel is owned by Tompkins County and located in a heavily developed urban corridor, and WHEREAS, the County and Will -Ridge executed a lease Agreement commencing December 28, 2005, with subsequent lease modifications in 2006, 2007, 2008, 2009, and 2010, each of which extended the lease for a period of one year for $2,000 per year, and 73 March 1, 2011 WHEREAS, the County desires fair compensation for the use of its property, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to enter into an agreement to extend the lease for up to five years with an annual rental of $2,500 per year. SEQR ACTION: TYPE II -26 * * * * * * * * * * Resolution 2011-25: Approval of Appointment to the Tompkins County Council of Governments (TCCOG) (DOC ID: 2445) MOVED by Mr. Lane, seconded by Mr. McKenna, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Council of Governments is an association of local governments organized to provide a forum of discussion, study, and negotiation leading to agreements for more efficient, improved, and/or less costly delivery of government services, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Martha Robertson be appointed as the voting member and Carol Chock as the alternate member to the Tompkins County Council of Governments (TCCOG), RESOLVED, further, That Carol Chock be appointed as the County's representative to the TCCOG Gas Drilling Task Force. SEQR ACTION: TYPE II -20 * * * * * * * * * * Mr. Lane, Chair, reported the Committee has had two meetings to discuss the draft memorandum on the Redistricting Commission and that a request has been made to Time Warner to provide broadcasting services in County owned buildings. A special Committee meeting is scheduled for March 7th to discuss further the charge and structure of a Redistricting Commission. Ms. Herrera requested public interaction with regard to the Redistricting Commission appointment process. Resolution 2011-26: Approval of Designations of Successors (DOC ID: 2458) MOVED by Mr. Lane, seconded by Mr. McKenna. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator McBean-Clairborne); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter's absence from the County or inability to perform or exercise the powers of the office, and WHEREAS, the Charter further requires those designations, except department heads elected on a countywide basis, to be approved by the Tompkins County Legislature annually, 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: County Administrator: Administration: Deputy County Administrator County Attorney Director of Finance Public Works by Division: Airport: Airport Manager 74 County Attorney: Commissioner of Social Services: March 1, 2011 Assistant Airport Manager Operations Supervisor and ARFF Chief Airport Terminal Services Coordinator Facilities: Director of Facilities Assistant Director of Facilities Highway: Highway Manager Associate Civil Engineer Senior Highway Crew Supervisor Solid Waste: Solid Waste Manager Assistant Solid Waste Manager Recycling Manager Deputy County Attorney Director of Children Services Director of Administrative Services Staff Development and Quality Coordinator Director of Emergency Response: Communication Systems Manager Assistant Fire and Emergency Management Director Communication Center Manager Public Health Director: Public Health Administrator Director of Patient Services Medical Examiner: Deputy Medical Examiner, William Klepack, M.D. Deputy Medical Examiner, David Newman, M.D. Mental Health Commissioner: 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 Director of Finance: Budget and Finance Manager Director of Accounting Services Commissioner of Personnel: Deputy Commissioner of Personnel Commissioner of Planning Deputy Commissioner of Planning and Community Sustainability: Principal Planner Elected Officials: For Information Only Sheriff: Under Sheriff District Attorney: Assistant District Attorney County Clerk: Deputy County Clerk SEQR ACTION: TYPE II -20 * * * * * * * * * * Report from the Pubic Safety Committee Mr. Stein, Chair, reported the Committee heard a report from the Probation Department's Director. He also reported on a meeting he attended of the CJA/ATI Advisory Board where it was reported that there has been a substantial increase in violent crimes committed by youth over the past several years. Mr. Stein said he will be asking departments to provide an in-depth report on their programs to the Committee. Report from the Workforce Diversity and Inclusion Committee 75 March 1, 2011 Mrs. McBean-Clairborne, Chair, said the Committee met on February 26th and broke out into small working groups to review and revise the draft Diversity Plan. This work will continue at the March 26th meeting. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet on March 8th to discuss potential impacts to departments and key agencies as a result of proposed changes in Medicaid and State and Federal funding. The Public Health Director search team interviewed two individuals earlier in the day. Report from the Facilities and Infrastructure Committee Ms. Chock, Chair, announced again that the Recycling and Solid Waste Center's single -stream recycling changes would begin on March 7`h. The Committee will meet on March 7th at 9:30 a.m. Report from the Capital Plan Review Committee Ms. Robertson, Chair, said the Committee has not met. The next meeting would take place on March 10th at 3:30 p.m. Report from the Planning, Development, and Environmental Quality Committee Ms. Mackesey, Chair, reported the Committee would meet March 2nd at 3:30 p.m. In response to Ms. Herrera's question on census information, Ms. Mackesey said she has received e-mails indicating the information would be forthcoming, however, it has not yet been received. Approval of Minutes It was MOVED by Mr. Proto, seconded by Ms. Mackesey, to approve the minutes of February 15, 2011. It was MOVED by Ms. Kiefer to amend pages two through four as outlined in her submitted document. MOTION FAILED FOR LACK OF A SECOND. A voice vote on the minutes resulted as follows: Ayes — 11; Noes — 2 (Legislators Herrera and Kiefer); Temporarily Out of the Room — 1 (Legislator Burbank); Excused — 1 (Legislator Shinagawa). MINUTES APPROVED. Resolution(s) Withdrawn from Agenda Ms. Robertson withdrew the member -filed resolution entitled "Supporting the Extension of the Tax Surcharge on Wealthy New Yorkers to Improve Equity in Taxation and Help Close the State's Projected Budget Gap (Filed by Legislator Shinagawa) (DOC ID: 2486)" from the agenda. ********** Executive Session Chair Robertson said there was no need for an executive session at this time. Adjournment On motion the meeting adjourned at 9:55 p.m. 76 March 15, 2011 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 Present Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Mr. Shinagawa arrived at 5:40 p.m.; Mrs. McBean-Clairborne arrived at 5:44 p.m.). Appointment Mr. Mareane presented the name of Frank Kruppa for consideration for the position of Public Health Director. It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to confirm the appointment of Frank Kruppa as the Public Health Director for a six-year term. Resolutions Added to and Withdrawn from the Agenda Ms. Robertson gave the appropriate committee chair(s) permission to withdraw the following resolution(s) from the agenda: - Re -Appropriation of Unspent Budget Allocations for Civil War Commission Projects (DOC ID: 2469) - Support of Community Action Programs (DOC ID: 2525) [withdrawn later in the meeting] - Requesting New York State to Maintain Funding Streams for Youth Bureau and Further Urging Elimination of Competitive Bid Funding (DOC ID: 2526) [withdrawn later in the meeting] Consent Agenda MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. Resolution 2011-27: Budget Adjustments - Various Departments (DOC ID: 2527) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services, and the Facilities and Infrastructure Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6773.44772 Federal Revenue $6,664 6773.54400 Program Expense Explanation: Reappropriate money to be used in 2011 in the Community Living program. 77 March 15, 2011 Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.44609 Federal: TANF $15,600 6010.51000049 Salary - 20.5 FTE Project Assistants 6010.44609 Federal: TANF $1,560 6010.52230 10% Fringe Explanation: The Department of Social Services has been awarded a 100% TANF-funded Transitional Jobs Program 2 grant to provide Temporary Assistance clients with subsidized employment experience, education, and training in jobs in the public sector. Airport Revenue Acct Title Amt Approp Acct Title(s) 889 Airport R&R Reserve $40,000 5610.52220 Departmental Equipment Explanation: Replacement of a multi-purpose mower/plow/broom that unexpectedly broke and it is an essential piece of equipment that is required to keep the airport operational. This purchase had been planned for next year's budget. * * * * * * * * * * Resolution 2011-28: Authorization to Accept Funds and Budget Adjustment- Mental Health (DOC ID: 2513) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Office of Mental Health (OMH) has structured a new financing tool for its Supportive Housing and Community Residence -Single -Room Occupancy (CR -SRO) programs that utilize the 4% Low Income Housing Tax Credits (LIHTC), and WHEREAS, the OMH 4% tax credit program was designed to provide incentives for not-for- profit agencies (developers) and OMH/New York State. The guideline for the acceptance of this funding is that the agency should retain the services of a certified public accountant, and WHEREAS, the April issuance of the OMH State aid letter will include an additional $15,000 for the Lakeview Mental Health Services CR -SRO in Tompkins County, and WHEREAS, this allocation funds a "tax credit audit fee allowance" associated with the new tax - credit -supported mental health housing projects, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Mental Health Department is authorized to accept said funds, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget adjustment: REVENUE: 4332.43485 State Aid $15,000 APPROPRIATION: 4332.54400 Program Expense $15,000 SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2011-29: Creation of Project Assistant Position in the Tompkins County Office for the Aging (DOC ID: 2507) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Personnel Department is decentralizing the Project Assistant Program in order to create greater efficiencies in time card processing, and WHEREAS, County Office for the Aging (COFA) supports the County's efforts to create greater efficiencies, as well as the diversity initiatives of which the Project Assistant program is a part, and WHEREAS, COFA in the future may be awarded grants from various entities that could be used to fund such temporary special projects, and 78 March 15, 2011 WHEREAS, a particular grant may require the services of an individual for a special project beyond the regular ongoing staff of COFA, and WHEREAS, COFA desires the flexibility of filling such a position if such grant funding becomes available, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That COFA is hereby authorized to create one full-time 40 -hour position of Project Assistant, Job Code 049, Labor Grade 76, contingent upon available grant funding, RESOLVED, further, That the fringe rate be set at 10% which would cover FICA, Medicare, unemployment, and workers' compensation, RESOLVED, further, That the rate of compensation would be between $12.00 and $17.00 an hour. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-30: Award of Bid — Exterior Landscaping — Ithaca Tompkins Regional Airport (DOC ID: 2500) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Finance Department advertised and received two bids for a five-year contract to maintain the exterior landscaping of the airport terminal building, and WHEREAS, the lowest responsible bid was received from Green Scene Lawn & Garden, LLC, of Ithaca, New York, and WHEREAS, the total cost for the 5 -year contract, beginning April 1, 2011, will be $147,000, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Green Scene Lawn & Garden, LLC, Ithaca New York, RESOLVED, further, That the County Administrator be and hereby is authorized to execute said contract with Green Scene Lawn & Garden, LLC. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-31: Award of Bid - Operation of Household Waste Management Facility - Solid Waste Management (DOC ID: 2495) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for a multi- year Request for Proposal (RFP) for operation of the Tompkins County Household Hazardous Waste Management Facility for the Tompkins County Solid Waste Management Division, and WHEREAS, one (1) proposal for the facility operations services was received and publicly opened on February 18, 2011, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for the Hazardous Waste Facility Operations for Tompkins County, be awarded to Clean Harbors Environmental Services, Inc., 14 Corporate Circle, East Syracuse, New York, for a two-year term, with two two-year renewals, RESOLVED, further, That the funds are available in the Solid Waste Management Division's budget, Account No. 8169.54442, RESOLVED, further, That the County Contract Administrator be authorized to execute this contract. SEQR ACTION: TYPE II -20 * * * * * * * * * * 79 March 15, 2011 Resolution 2011-32: Acceptance of Snowmobile Trail Grant (DOC ID: 2484) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County Planning Department has agreed to be the pass through agency for funds awarded by the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) for the purpose of funding trail maintenance by local snowmobile clubs, and WHEREAS, the funds will be used by local snowmobile clubs to maintain 113 miles of existing trails in Tompkins County, and WHEREAS, grant funds have been awarded in the amount of $35,335, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts funds in the amount of $35,335 from the New York State OPRHP, RESOLVED, further, That the following adjustment be made to the 2011 budget: Revenue: A8027.43959 State Aid $35,335 Appropriation: A8027.54400 Program Expenses $35,335 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -1 * * * * * * * * * * Resolution 2011-33: 2011 Tourism Capital Grant Awards (DOC ID: 2482) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following projects will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the 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 nroiects: Applicant Recommended Cayuga Nature Center Capital Improvements for Enhanced $13,000 - 2011 $25,000 - 2012 Programming $25,000 - 2013 $25,000 - 2014 $12,000 - 2015 Sciencenter Application 1 Marcellus Shale Exhibition $25,000 - 2011 $25,000 - 2012 Social Ventures/Tem Skate Park Ithaca Skate Park Renovation $27,000 - 2011 $33,000 - 2012 SEQR ACTION: TYPE I1-20 ********** Resolution 2011-34: Authorizing 2011 Federal Transit Administration Section 5307 Grant Application for Regional Transportation Study (DOC ID: 2481) 80 March 15, 2011 MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code, and WHEREAS, the County of Tompkins is the Designated Recipient by the Governor of New York State for the Federal Transit Administration (FTA) Section 5307 Urban Formula program, and is responsible to apply for Federal grant funds from FTA, and WHEREAS, Carl Haynes, President of Tompkins Cortland Community College, organized a working group of Tompkins County departments, Ithaca -Tompkins County Transportation Council (ITCTC), Cornell University, TCAT, neighboring counties, SUNY Cortland, New York State Department of Transportation, and other transportation operators to address regional transportation problems, especially those faced by rural households commuting to work, education, and other regional services, and WHEREAS, the ITCTC agreed to set aside funds for a Regional Transportation Study and has requested the County apply for a FTA grant to access these funds, and WHEREAS, the objectives of the study are: 1. To propose how to integrate cost-effective, appropriate -scale transportation options that facilitate movement of people in the multicounty area surrounding Tompkins County - Tioga, Schuyler, Seneca, Cayuga, Cortland, Broome, and Chemung Counties, including 15,000 daily commuters to Tompkins County and 4,500 daily commuters from Tompkins County. 2. To provide transportation options for people to mitigate rising gasoline costs. 3. To coordinate mobility options for regional travel to human services, access to regional medical centers and education institutions, and for other travel, and WHEREAS, the budget for the Regional Transportation Study is as follows: , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file an application on behalf of the ITCTC with the Federal Transit Administration for the 2011 Section 5307 Grant up to $250,000 for the Regional Transportation Study, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and the State of New York for the Project. 3. Any and all agreements between Tompkins County and ITCTC, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2011-35: Approval of Contract for Arts and Cultural Organization Development - Community Arts Partnership (DOC ID: 2447) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the 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 81 Federal NYSDOT Local TOTAL TOTAL $ 200,000 $ 25,000 $25,000 $ 250,000 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file an application on behalf of the ITCTC with the Federal Transit Administration for the 2011 Section 5307 Grant up to $250,000 for the Regional Transportation Study, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and the State of New York for the Project. 3. Any and all agreements between Tompkins County and ITCTC, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2011-35: Approval of Contract for Arts and Cultural Organization Development - Community Arts Partnership (DOC ID: 2447) MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the 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 81 March 15, 2011 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 2011: RESOLVED, further, That CAP is paid an amount up to $22,100 (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 * * * * * * * * * * MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Substance Abuse Subcommittee Nancy Rosen - Community Mental Health Services Board representative; term expires December 31, 2014 Mental Health Subcommittee Patricia Zalewski - Community Member representative; term expires December 31, 2013 Air Service Board Michael Stamm - At -large representative; term expires December 31, 2013 Alan Pederson - At -large representative; term expires December 31, 2013 Tompkins County Youth Services Board Marnie Kirchgessner - Town of Enfield representative; term expires December 31, 2013 82 2004 2005 2006 2007 2008 2009 2010 2011 Hangar Theatre 30,000 30,000 30,000 32,500 37,500 24,000 22,600 23,052 Cayuga Chamber Orchestra 20,000 25,000 20,000 22,000 23,275 18,700 21,373 21,800 Kitchen Theatre 25,000 25,000 35,000 39,680 34,000 22,400 21,264 21,689 Cayuga Nature Center 28,000 25,000 25,000 The History Center 20,000 30,000 23,000 30,000 30,000 23,200 21,458 21,887 PRI/Museum of the Earth 20,000 25,000 30,000 18,000 15,000 15,300 State Theatre 30,000 30,000 30,000 30,000 37,000 16,000 17,000 22,850 Light in Winter 22,000 Moved to diff. grant 0 Sciencenter 10,000 16,000 16,320 GRANTS TOTAL $125,000 $140,000 $158,000 $179,180 213,775 160,300 $142,695 167,898 RESOLVED, further, That CAP is paid an amount up to $22,100 (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 * * * * * * * * * * MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Substance Abuse Subcommittee Nancy Rosen - Community Mental Health Services Board representative; term expires December 31, 2014 Mental Health Subcommittee Patricia Zalewski - Community Member representative; term expires December 31, 2013 Air Service Board Michael Stamm - At -large representative; term expires December 31, 2013 Alan Pederson - At -large representative; term expires December 31, 2013 Tompkins County Youth Services Board Marnie Kirchgessner - Town of Enfield representative; term expires December 31, 2013 82 March 15, 2011 Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer — County Legislator; term expires December 31, 2011 Health and Human Services Committee Resolution 2011-36: Authorizing Reimbursement of Moving Expenses for New Public Health Director (DOC ID: 2523) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote. WHEREAS, County policy 03-07, last amended in 1993, allows the reimbursement of moving expenses to new employees in Labor Grades P (formerly 16) and above who relocate to Tompkins County, and WHEREAS, the policy establishes a maximum rate of reimbursement at the lesser of $1,500 or the actual cost of moving expenses incurred after obtaining three quotes, and WHEREAS, the policy allows the reimbursement to be increased based on special circumstances and upon approval by the County Legislature, and WHEREAS, the County has undertaken a national search for a new Public Health Director (Labor Grade T) that has resulted in a recommendation of a candidate by a search committee established by the County Administrator, and WHEREAS, the recommended candidate for the County Public Health Director position currently resides in a distant state and is expected to incur actual moving expenses in excess of $1,500, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County Legislature authorizes a moving expense reimbursement for the recommended candidate for the Public Health Director equal to the lesser of actual moving expenses or $5,000, with the cost of the moving expenses funded by the County Department of Health, RESOLVED, further, That the Director of Finance make the following budget adjustments: From: 4010.51000250 Public Health Director $5,000 To: 4010.54400 Program Expense $5,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-37: Requesting New York State to Maintain Funding Streams for Youth Bureau and Further Urging Elimination of Competitive Bid Funding (DOC ID: 2520) MOVED by Mr. Proto, seconded by Dennis, and unanimously adopted by voice vote. WHEREAS, Governor Cuomo has submitted his proposed 2011-2012 Executive Budget recommending the development of a Primary Prevention Incentive Program (PPIP), and WHEREAS, this proposal actually slashes the current allocation of funding for Youth Development and Delinquency Prevention (YDDP), Special Delinquency Prevention Program (SDPP), and Runaway and Homeless Youth Act (RHYA), by 50%, and WHEREAS, this proposal eliminates these funding streams and offers the distribution of funds on a competitive basis to counties, resulting in the elimination of funding to many rural counties, thereby promoting inequities in prevention and positive youth development services across New York State, and WHEREAS, the proposed competitive bidding process will also result in a loss of local planning and control, and WHEREAS, the aforementioned proposal will dismantle the current youth bureau system, structure, and funding streams, and will be especially detrimental to all municipal youth bureaus, and WHEREAS, current youth development and prevention services are provided through a fair and equitable formula -driven allocation through the New York State Office of Children and Family Services, and WHEREAS, the current funding through youth bureaus structures ensures appropriate local 83 March 15, 2011 monitoring, evaluation, and accountability, and WHEREAS, youth development, prevention, and intervention are essential for critical services to children and youth, and WHEREAS, if adopted, this portion of the Executive Budget would result at a minimum in the loss of over $200,000 of youth services dollars for Tompkins County, and WHEREAS, if adopted, New York State will be abandoning its long-time national leadership and partnership in youth prevention, intervention, and development services, as articulated in Article 19-A of the Executive Law, and WHEREAS, the Tompkins County Legislature believes that providing services and programs for children and youth is an investment, not only in delinquency prevention, but also in the development of all our young people, in all ways thus enriching our society and nation as a whole, and RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature hereby requests Governor Cuomo and the New York State Legislature to maintain the current youth bureau funding streams, albeit with proportionate reductions, and eliminate the concept of competitive bid funding, RESOLVED, further, That Governor Cuomo and the New York State Legislature be urged to uphold Article 19-A of the Executive Law and to maintain the current youth bureau system and structure which is in the best interest of the 26,000 children and youth of Tompkins County and of the children and youth of New York State as a whole, RESOLVED, further, That the Clerk of the Legislature is hereby directed to forward a certified copy of this resolution to Governor Cuomo, Assembly Speaker Silver, Senate Majority Leader Skelos, Chair Senate Children and Families Committee Senator Savino, Chair Assembly Children and Families Committee Assembly Member Paulin, Senator O'Mara, Senator Nozzolio, Assembly Member Lifton, and the New York State Association of Counties. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-38: Support of Community Action Programs (DOC ID: 2518) MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote. WHEREAS, Community Action Programs were created when the Economic Opportunity Act of 1964 was signed into law, and WHEREAS, States administer the Community Services Block Grant to 1,065 Community Action Programs in 99% of United States counties, and WHEREAS, Community Action Programs have provided services to 20.7 million low-income individuals; including nearly 5 million children, nearly 2.3 million seniors, more than 1.7 million people with disabilities, and more than 3.7 million individuals who lack health insurance, and WHEREAS, the Community Services Block Grant network reduced or eliminated 34.3 million conditions of poverty, as measured by outcomes such as: gaining employment, building assets, improving child development, and WHEREAS, Tompkins Community Action, Inc., represents this national network in Tompkins County and has a 45 -year history of successfully partnering with low- and limited -income individuals and families to promote self-sufficiency, and WHEREAS, approximately 17,000 Tompkins County adults and children live on incomes at or below the Federal poverty guidelines, and WHEREAS, Tompkins Community Action, Inc., has made an essential contribution to individuals and families with very low- to low -incomes in Tompkins County by providing innovative and cost-effective programs, and WHEREAS, Tompkins County, New York State, and the entire United States must continue to wage war on poverty by providing support and opportunities for all citizens, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature recognizes and fully supports the mission and dedication of the Community 84 March 15, 2011 Action network, and in particular Tompkins Community Action, Inc., and requests restoration of Community Services Block Grant funding, RESOLVED, further, That the Clerk of the Legislature is hereby directed to send certified copies of this resolution to President Obama, and the appropriate Federal representatives, Governor Andrew Cuomo, the appropriate State representatives, and New York State Association of Counties. SEQR ACTION: TYPE II -20 * * * * * * * * * * Capital Plan Review Committee Ms. Chock referenced Ms. Robertson's Capital Program Review Committee report and asked that the idea of how various agencies in the community could work together to meet the need of public meeting space could be examined. Planning, Development, and Environmental Quality Committee Resolution 2011-39: Appropriation from General Fund Balance - Allocating Funding for Multi - Family Housing Market Study (DOC ID: 2485) MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by short roll call vote. WHEREAS, the Downtown Ithaca Alliance is interested in undertaking a market study of the demand for multi -family housing in downtown Ithaca, and WHEREAS, this study would provide information that would support development of needed housing in Tompkins County, and WHEREAS, the Tompkins County Comprehensive Plan, Housing Needs Assessment, Housing Strategy and Housing Fund have all been approved by the Legislature and indicate the need for significant additional housing units in Tompkins County, and WHEREAS, the proposed market study would provide updated information that would encourage developers to fill the unmet need for new multi -family housing, and WHEREAS, the study for downtown Ithaca is estimated to cost $12,250 and could be expanded to include all of Tompkins County for an additional fee of $5,250, and WHEREAS, the Downtown Ithaca Alliance is providing the largest share of funding for this study and has requested funding from other community partners, and WHEREAS, the request is that Tompkins County provide $5,000 to support the study including all of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital, and Personnel Committees, That $5,000 be allocated to support the market study of multi -housing demand in all of Tompkins County, RESOLVED, further, That the following adjustment be made to the 2011 budget: FROM: Account No. A599 General Fund Balance $5,000 TO: Account No. A8020.54400 Program Expense $5,000 RESOLVED, further, That the County Administrator or his designee be authorized to execute any agreements related to this project. SEQR ACTION: TYPE II -20 * * * * * * * * * * Withdrawal of Resolution(s) At this time Ms. Robertson granted permission to Ms. Herrera to withdraw the following resolutions from the agenda: - Support of Community Action Programs (DOC ID: 2525) - Requesting New York State to Maintain Funding Streams for Youth Bureau and Further 85 March 15, 2011 Urging Elimination of Competitive Bid Funding (DOC ID: 2526) Approval of Minutes of March 1, 2011 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Burbank, to approve the minutes of March 1, 2011. MOVED by Mr. Stein, to refer to the Government Operations Committee. MOTION FAILED DUE TO LACK OF A SECOND. A voice vote resulted as follows on the minutes: Ayes — 12, Noes — 3 (Legislators Herrera, Kiefer, and Stein). MINUTES APPROVED. Recess Chair Robertson declared recess at 8:30 p.m. The meeting reconvened at 8:35 p.m. Executive Session MOVED by Mr. Burbank, seconded by Mr. Dennis, and unanimously adopted by voice vote, to enter into executive session at 8:35 p.m. to discuss negotiations. The meeting returned to open session at 10:05 p.m. Adjournment On motion the meeting adjourned at 10:05 p.m. 86 March 22, 2012 Special 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.). Resolutions Resolution 2011-40: Endorsing State Legislation S4162 and A6494 - Extending Existing Sales and Use Tax Authority of the County of Tompkins (DOC ID: 2534) MOVED by Mr. Dennis, seconded by Mr. Lane. Mr. Shinagawa arrived at this time. MOVED by Mr. Stein, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows on the motion to Call the Question: Ayes — 13, Noes — 2 (Legislators Chock and Herrera). QUESTION WAS CALLED. A voice vote resulted as follows on the resolution: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County of Tompkins has had the authority to enact an additional one percent of sales and use taxation since December 1, 1992, and has enacted such taxation, and WHEREAS, this authority has been exercised since that date and expires November 30, 2011, and WHEREAS, this Legislature by Resolution No. 205 of 2010 requested the members of the New York State Senate and Assembly who represent Tompkins County to sponsor and support legislation extending this authority beyond November 30, 2011, and they have done so and have introduced S4162/A6494 "AN ACT to amend the tax law, in relation to authorizing the County of Tompkins to continue imposing an additional one percent sales tax" that extends this authority to November 30, 2013, now therefore be it RESOLVED, That this Legislature endorses and requests State approval of legislation known as S4162 and A6494, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-41: Authorizing Acceptance of a Federal Aviation Administration (FAA) Approval of Grant to Acquire and Refurbish Friction Measuring Equipment (AIP Project No. 3-36-0047-56-11) - Ithaca Tompkins Regional Airport (DOC ID: 2535) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $28,500 to acquire and refurbish friction measuring equipment, and 87 March 22, 2012 WHEREAS, said friction measuring equipment is a vital component in determining safe operating conditions for aircraft operations at the Ithaca Tompkins Regional Airport during the winter months, and WHEREAS, the budgets for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $ 28,500.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 750.00 Local Share (Airport Budget)(2.5%) Account No. HT 5601.45031 $ 750.00 Total $ 30,000.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $28,500 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -25 Adjournment The meeting adjourned at 5:44 p.m. 88 April 5, 2011 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. (Mr. Burbank arrived at 5:32 p.m.) Chair's Appointment Ms. Robertson appointed Mr. Stein to the Workforce Investment Board as a County Legislator representative for a term expiring June 30, 2011. Report from the County Administrator Mr. Proto asked for Mr. Mareane to also distribute to committees the information he is preparing for the Budget, Capital, and Personnel Committee concerning the State Budget impacts. Confirmation of Position of Assessment Director It was MOVED by Ms. Kiefer and unanimously seconded to confirm the appointment of Jay Franklin as Director of Assessment. A voice vote resulted as follows: Ayes — 15, Noes — 0. MOTION CARRIED UNANIMOUSLY. Resolution(s) Added to the Agenda It was MOVED by Ms. Chock, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to add the resolution entitled Authorization to Execute Construction Funding Agreement with NYSDOT — Newfield Depot Road Bridge Over Cayuga Inlet to the agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. Resolution 2011-42: Award of Contract - Terminal Cafe/Gift Shop/Vending Machines - Ithaca Tompkins Regional Airport (DOC ID: 2543) MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the cafe/gift shop/vending machines contract is due to expire on April 30, 2011, and WHEREAS, a Request for Proposals (RFP) was duly advertised and one (1) proposal was received, and WHEREAS, the proposal came from the current contract holder, Barbara Sweeney, who is meeting the terms of the current contract in a satisfactory manner, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to sign a five-year contract with Barbara Sweeney, d/b/a The Second Landing, commencing on May 1, 2011, and expiring on April 30, 2016. 89 SEQR ACTION: TYPE II -20 April 5, 2011 * ********* Resolution 2011-43: Award of Contract - Terminal Parking Lots - Ithaca Tompkins Regional Airport (DOC ID: 2545) MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the current 5 -year parking lot contract is due to expire on April 30, 2011, and WHEREAS, a Request for Proposals (RFP) was duly advertised and six (6) proposals were received, and after careful consideration of all aspects of the contract, the proposal from Allpro Parking, LLC of Buffalo, New York, is deemed to be in the best interests of the airport and airport users, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to negotiate and sign a three-year contract with Allpro Parking, LLC, commencing on May 1, 2011, with options to renew annually for a further two years until April 30, 2016, RESOLVED, further, That upon completion of negotiation of the agreement a report will be provided to the Facilities and Infrastructure Committee indicating specific terms, conditions, and amount of the contract. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-44: Authorization to Execute a Supplemental Agreement with Barton & Loguidice, PC, for Construction Inspection Services — Bridge Painting, Various Locations (PIN 3754.20) (DOC ID: 2553) MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 27 of 2009 authorized an agreement with the State of New York whereby Federal sources will furnish eighty percent of the funding necessary for the Tompkins County Bridge Painting Project (PIN 3754.20), and WHEREAS, Resolution No. 88 of 2009 authorized an agreement with Barton & Loguidice, PC, 'Inspection Services in connection with the referenced project for an amount not to exceed $100,000, RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from the Highway Bridge Maintenance Account (D5111.54411). SEQR ACTION: TYPE II -1 * * * * * * * * * * Resolution 2011-45: Award of Bid - Tompkins County Solid Waste Hauling and Disposal Service (DOC ID: 2557) MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for a multi- year bid for Hauling and Disposal Services for the Tompkins County Solid Waste Management Division, and WHEREAS, bids from three hauling and disposal companies were received and publicly opened March 22, 2011, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for 90 April 5, 2011 hauling and disposal services for Tompkins County be awarded to We Care Transportation, LLC, for a three (3) year term (May 1, 2011 - April 30, 2014) at a cost of $44.66 per ton of waste including an annual CPI increase of no more than three percent per year, RESOLVED, further, That the funds are available in the Solid Waste Management Division's budget, Account 8160.54442, RESOLVED, further, That the County Contract Administrator be authorized to execute this contract. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Ms. Chock, to approve the appointment of Ms. Kiefer to the Ethics Advisory Board as the elected or appointed official representative for a term expiring December 31, 2014. Capital Plan Review Committee Resolution 2011-46: Appropriation from Contingent Fund — Investigate Options to House Day Reporting and Family Treatment Court Programs at the Human Service Building (DOC ID: 2542) MOVED by Ms. Kiefer, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes —13, Noes — 2 (Legislators Herrera and McBean- Clairborne). RESOLUTION ADOPTED. WHEREAS, Tompkins County currently houses the Community Justice Center in the Old Library, and WHEREAS, the Day Reporting Program, the Family Treatment Court Program, and the Probation Drug Court Program, are among the County programs currently being delivered at the Community Justice Center in the Old Library, and WHEREAS, the Tompkins County Legislature by Resolution No. 2010-117 directed staff to investigate alternative locations for the programs housed at the Old Library, and WHEREAS, the County's Facilities Division has worked with an independent architectural firm and determined that with further design analysis it may be possible after moderate level remodeling to accommodate the Day Reporting and Family Treatment Court programs on the ground floor of the Human Services Building by utilizing space currently occupied by a credit union and the Beverly Livesay Conference Room, and WHEREAS, the County's Facilities Division has developed a scope of work that would guide that analysis and which scope of work may be able to be accomplished for an amount not to exceed $8,000 within an estimated 60 days, and WHEREAS, that scope shall include exploration of opportunities that could allow for limited use of the Beverly Livesay Conference Room when not in use by the Day Reporting program, now therefore be it RESOLVED, on recommendation of the Capital Plan Review and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature directs staff to further investigate the possibility of relocating the Day Reporting and Family Treatment Court programs to the Human Services Building, 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 these programs from the Old Library, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: 91 April 5, 2011 FROM: A1990.54400 Contingent Fund $8,000 TO: 1620.54442 Facilities Professional Services $8,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2011-47: Appointment of Hearing Panel Members - Temporary Board of Assessment Review (DOC ID: 2517) MOVED by Mr. Lane, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Real Property Tax Law 523-a permits the County Legislature to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review members, namely Jan deRoos, Joshua Lower, Robert Walpole, Michael Cannon, Susan Lustick, and Judy Malys be appointed to serve on Administrative Review Panels, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-48: Designation of Name for the Building Located at 214-216 West Martin Luther King, Jr., Street/West State Street - Human Services Annex (DOC ID: 2565) MOVED by Mr. Lane, seconded by Mr. McKenna. It was MOVED by Ms. Mackesey, seconded by Ms. Herrera, to replace the address in the first Whereas as follows: "214/216 West State Street (Martin Luther King, Jr. Street)" with "214-216 West Martin Luther King, Jr./West State Street". A voice vote on the amendment resulted as follows: Ayes — 10; Noes — 3 (Legislators Burbank, Kiefer, and Proto); Temporarily Out of the Room — 2 (Legislators Dennis and Shinagawa). AMENDMENT CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 13, Noes — 1 (Legislator Proto), Temporarily Out of the Room — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, Resolution No. 226 of 2010, authorized the purchase of the "Carpet Bazaar" building located at 214-216 West Martin Luther King Jr., Street/West State Street, for the purpose of relocating the Tompkins County Office for the Aging from the lower level of the County Courthouse, thereby providing additional space for the New York State Courts, and WHEREAS, Tompkins County Policy No. 01-32, Designation Name of County Space/Item, adopted by Resolution No. 81 of 2005, states that "County property shall generally be named in a manner that identifies the ownership and/or the intended use of the property", and WHEREAS, the naming procedure further states "Building names will be related to the service(s) provided therein, the functions(s) the building serves, and/or the historical nature of the building insofar as possible", and WHEREAS, the Government Operations Committee considered the proximity of the Tompkins County Human Services Building ("HSB") to the new building, which will be used by the Tompkins County Office for the Aging and other compatible human -service -type activity, now therefore be it 92 April 5, 2011 RESOLVED, on recommendation of the Government Operations Committee, That the building located at 214-216 West Martin Luther King, Jr., Street/West State Street, shall be called the "Human Services Annex" ("HSA"). SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-49: Creation of an Independent Redistricting Commission (DOC ID: 2566) MOVED by Mr. Lane, seconded by Ms. Pryor. A voice vote resulted as follows: Ayes - 14, Noes — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, pursuant to the Tompkins County Charter and Code, Section C-2.09, upon publication of the results of the Federal decennial census for Tompkins County, the Tompkins County Legislature shall prepare a plan for reapportionment, which shall specify the number and geographical boundaries of the various districts from which members of the Tompkins County Legislature shall be nominated and elected at primary and general elections, and WHEREAS, the Code further directs the Tompkins County Legislature "...to appoint a committee on reapportionment to assist it in arriving at a plan of reapportionment", and "...shall give to said committee the guidelines under which the committee shall operate", and WHEREAS, the United States Federal Census was conducted in 2010, and the results of the census for Tompkins County have now been published, and WHEREAS, the Government Operations Committee has discussed the redistricting process to determine a recommendation to be used for reapportioning legislative districts and came to consensus that the Tompkins County Legislature should appoint an Independent Redistricting Commission ("Commission") to prepare a reapportionment plan to present to the Tompkins County Legislature for approval, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That an Independent Redistricting Commission is hereby created and shall consist of nine (9) members to be recommended by the Government Operations Committee and appointed by the Tompkins County Legislature, RESOLVED, further, That the Chair of the Commission shall be appointed by the Tompkins County Legislature and the Vice Chair elected by the Commission, RESOLVED, further, That the County Administrator shall designate appropriate staff to assist the Commission in its work, RESOLVED, further, That no currently serving elected municipal official, officers of any political party, or officers of any political committee, shall be appointed as members of the Commission, and that the members of the Commission shall be County residents, registered voters, and shall be knowledgeable about Tompkins County, its municipalities, and about government and electoral processes, RESOLVED, further, That members of the Commission must be willing to work cooperatively and in a non-partisan manner to prepare a reapportionment plan that is fair and unbiased, RESOLVED, further, That members of the Commission will develop the reapportionment plan in the manner described in and consistent with the Charge or other relevant provisions in the Memorandum Regarding Proposed Tompkins County Redistricting Commission dated April 5, 2011. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2011-50: Authorization to Execute Construction Funding Agreement with New York State Department of Transportation (NYSDOT) — Newfield Depot Road Bridge (BIN 3314380) Over Cayuga Inlet (DOC ID: 2578) MOVED by Ms. Chock, seconded by Mr. McKenna. A voice vote resulted as follows: Ayes — 14, Noes — 0, Temporarily Out of the Room — 1 (Legislator Proto). RESOLUTION ADOPTED. 93 April 5, 2011 WHEREAS, a Project to reconstruct the Newfield Depot Road Bridge over the Cayuga Inlet, BIN 3314380, P.I.N. 3753.21, (the Project) in the Town of Newfield, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non -Federal funds, and WHEREAS, Resolution No. 7 adopted on January 18, 2005, approved the Project and authorized execution of an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding of Scoping, Design (Phases I -VI), and Rights -of -Way Incidentals, and WHEREAS, Resolution No. 129 adopted on July 21, 2009, granted Project Design Approval determining that the Project is a TYPE II State Environmental Quality Review Action requiring no further environmental review, and WHEREAS, in order to expedite advancement of the Project and realize potential total Project cost reductions, NYSDOT requires the County to appropriate one hundred (100%) percent of Project Construction and Construction Inspection costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject Project and authorizes the County of Tompkins to pay in the first instance one hundred percent (100%) of the Federal and non -Federal share of the costs of Construction and Construction Inspection work for the subject Project or portions thereof, RESOLVED, further, That the sum of $976,000.00 is hereby made available within account HZ5103.59239.53.09, Newfield Depot Capital Project Account, to cover the cost of participation in the Construction phase of the Project, approximately $90,300 of said amount via transfer from Fund Balance, Account D599, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and state -aid -eligible Project costs and all Project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -2 * * * * * * * * * * Approval of Minutes of March 15 and 22, 2011 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, to approve the minutes of March 15 and March 22, 2011, as submitted. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to separate the two meeting minutes. A voice vote resulted as follows on the motion to separate: Ayes — 6 (Legislators Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, and Stein); Noes — 8 (Legislators Dennis, Herrera, McKenna, Proto, Pryor, Robison, Robertson, and Shinagawa); Temporarily Out of the Room — 1 (Legislator Lane). MOTION TO SEPARATE FAILED. 94 April 5, 2011 A voice vote to approve the minutes as submitted resulted as follows: Ayes — 11; Noes — 2 (Legislators Chock and Herrera); Temporarily Out of the Room — 2 (Legislators Kiefer and Lane). MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:35 p.m. 95 April 20, 2011 Regular Meeting Public Hearing Ms. Robertson called the public hearing to order at 5:30 p.m. concerning general housing, public facilities, and economic development needs for the Office of Housing and Community Renewal Community Development Block Grant Program. Leslie Schill, Planning Department, said this was the second public hearing to consider proposals being brought forward to seek grant funds. The first public hearing was in March and two groups, Better Housing for Tompkins County and Tompkins Community Action have collaborated on a single proposal to submit to the State for a whole -house approach for rehabilitation in the County. While on site the contractors would identify any additional health and safety issues, which would be dealt with and improved for the low- and moderate -income households in the program. A resolution will be acted upon later in the meeting. She said questions should be directed to her at the Planning Department. Christine Carreiro, Construction Grants Manager for Better Housing of Tompkins County, spoke on behalf of John Spence, Executive Director. She spoke in support of the grant program and said they have applied for a $400,000 grant to complete work on wells, septic systems, and rehabilitations that includes energy work. Mr. Stein arrived at this time. Stacy Murphy, Energy Services Director at Tompkins Community Action, also spoke in support of the grant program. No one else wished to speak and Ms. Robertson closed the public hearing at 5:39 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Presentation of Proclamation(s) Ms. Robertson read a proclamation in support of National Infant Immunization Week, April 23- 30, 2011. Privilege of the Floor for the Public Tomo Shibata, Maple Avenue, spoke about organized stalking abuse. Chair's Appointment Ms. Robertson appointed John E. Little to the Workforce Investment Board as a Business representative with a term to expire June 30, 2013. Approval of Resolution(s) Under the Consent Agenda MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: 96 April 20, 2011 Resolution 2011-51: Acceptance of Grant from the Community Foundation of Tompkins County, Inc., for Falls Prevention Nightlight Project (DOC ID: 2551) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging has identified accidental falls as a significant cause of injury, emergency department visits, hospitalization, and death among individuals 65 years old and over, and WHEREAS, the Tompkins County Office for the Aging recognizes the importance of preventing these accidental falls, and WHEREAS, the Tompkins County Office for the Aging is participating with the Health Planning Council, Tompkins County Department of Emergency Response, Finger Lakes Independence Center, Lifelong, and Visiting Nurse Service in community planning around falls prevention, and WHEREAS, the Tompkins County Office for the Aging has been awarded a $2,500 grant from the Women's Fund of the Community Foundation of Tompkins County in order to purchase night lights for distribution among frail Tompkins County seniors, and WHEREAS, the grant is estimated to assist 769 seniors improve the lighting in their homes, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $2,500, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6787.42705 Gifts and Donations $2,500 APPROPRIATION: A6787.54400 Program Expense $2,500 SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2011-52: Acceptance of Grant from the Health Planning Council of Tompkins County for Falls -Prevention Resource Guide Project (DOC ID: 2589) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging has identified accidental falls as a significant cause of injury, emergency department visits, hospitalization, and death amongst individuals 65 and over, and WHEREAS, the Tompkins County Office for the Aging recognizes the importance of preventing these accidental falls, and WHEREAS, the Health Planning Council of Tompkins County is organizing a local collaborative effort on falls prevention for older adults through the Community Health Foundation of Western and Central NY, and WHEREAS, the Tompkins County Office for the Aging is participating with the Health Planning Council and other organizations in falls -prevention planning, and WHEREAS, the Health Planning Council has granted $4,000 to the Tompkins County Office for the Aging to design and produce a falls -prevention resource guide for wide distribution throughout the County, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $4,000, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6787.42705 Gifts and Donations $4,000 APPROPRIATION: A6787.51000559 Aging Services Specialist $ 616 A6787.51000517 Project Assistant $2,040 97 April 20, 2011 A6787.54880 Fringe Benefits A6787.54330 Printing SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-53: Budget Adjustments - Highway Division (DOC ID: 2582) $ 626 $ 718 MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Highway Division Revenue Acct Title Amt Approp Acct Title(s) 5111.42797 Revenues $ 25,000 5111.54312 Bridge Materials 5111.44589 Revenues $672,000 5111.54411 Road/Bridge Contracts D599 Fund Balance $ 20,000 5111.54411 Road/Bridge Contracts Explanation: East Enfield Center Road Bridge deck materials. To fund Bridge Painting Capital Project. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-54: Appropriation of 2011-2012 Budget for the Ithaca -Tompkins County Transportation Council (DOC ID: 2567) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization 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 2011-2012 fiscal year, beginning April 1, 2011, and ending March 31, 2012, in the amounts of $299,645 from the Federal Highway Administration, and $42,041 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 2011-01, APPROVAL OF THE 2011-2012 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 budget for the Ithaca -Tompkins County Transportation Council, as presented in "ATTACHMENT A" to this resolution, be amended in the 2011 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2011, through March 31, 2012. SEQR ACTION: TYPE II -20 98 April 20, 2011 ATTACHMENT A 2011-2012 ITCTC OPERATING BUDGET * * * * * * * * * * Resolution 2011-55: Award of Spring 2011 Tourism Marketing and Advertising Grants (DOC ID: 2536) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 99 Current Year Funds CODE DESCRIPTION 11/12 FHWA 11/12 FTA 11/12 TOTAL .4959 REVENUES: FEDERAL AID $299,645 $42,041 $341,686 EXPENSES: COMBINED SALARIES 190,222 23,771 213,993 .8800 FRINGE 97,775 12,218 109,993 .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 1,000 0 1,000 .4330 PRINTING 0 700 700 .4332 BOOKS/PUBLICATIONS 0 200 200 .4342 FOOD 0 0 0 .4400 PROGRAM EXPENSE 0 0 0 .4402 LEGAL ADVERTISING 250 500 750 .4412 TRAVEL/TRAINING 1,000 500 1,500 .4414 LOCAL MILEAGE 700 500 1,200 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,000 0 3,000 .4425 SERVICE CONTRACTS 1,200 300 1,500 .4432 RENT 250 250 500 4442 PROFESSIONAL SERVICE FEES 1,398 452 1,850 .4452 POSTAGE SERVICES 1,250 400 1,650 .4472 TELEPHONE 1,300 250 1,550 4618 INTERDEPARTMENTAL CHARGE 0 500 500 TOTAL EXPENSES $299,645 $42,041 $341,686 * * * * * * * * * * Resolution 2011-55: Award of Spring 2011 Tourism Marketing and Advertising Grants (DOC ID: 2536) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 99 April 20, 2011 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 grants are approved: Applicant Event Award Hangar Theatre 2011 Hangar Theatre Year- Round Regional Marketing $5,000 Cayuga Nature Center 2011 CNC website enhancements $5,000 PRI and its Museum of the Earth 2011 Cruisin' the Fossil Freeway$4,250 Cayuga Lake Triathlon 2012 Cayuga Lake Triathlon $4,000 Downtown Ithaca Alliance 2011 Tompkins County Restaurant Week $3,000 Downtown Ithaca Alliance 2011 Downtown Ithaca Winter Festival $3,000 The History Center 2011 Ithaca Scottish & Celtic Games $1,500 $25,750 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 2011-56: 2011 Tourism Project Grant Award (DOC ID: 2537) MOVED by Ms. Herrera, 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, in the Fall 2010 Round of Tourism Project Grants, an application lacked necessary details and the sponsoring group had extenuating circumstances for not submitting a timely and complete report, however, they did eventually submit an appropriate application, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grant is approved: Social Ventures 2011 Dragon Boat Festival $16,517 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 2011-57: Spring 2011 Tourism Project Grants (DOC ID: 2539) 100 April 20, 2011 MOVED by Ms. Herrera, 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 grants are approved: Applicant Event Recommend Finger Lakes Wine Center Finger Lakes Wine 101: Archival Data Base Development and Implementation The History Center 2011 Ithaca Scottish Games & Celtic Festival $15,000 Downtown Ithaca Alliance 2011 Downtown Ithaca Winter Festival $15,000 The Ithaca Shakespeare Company 2011 Summer Season: The Ithaca Shakespeare Company $11,000 Cayuga Nature Center 2011 Enhance animal enclosures and develop new signage $7,000 PRI & its Museum of the Earth 2011 Cruisin' the Fossil Freeway $4,000 $52,000 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 2011-58: Spring 2011 New Tourism Initiatives (DOC ID: 2549) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County has a grant program for New Tourism Initiatives using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Applicant Event Recommend Finger Lakes Wine Center Finger Lakes Wine 101: Archival Data Base Development and Implementation $24,000 Ithaca Motion Picture Project Silent Film Exhibition 2011 $13,000 Downtown Ithaca Alliance Restaurant Week in Tompkins County 2011-2013 $5,000 Cornell Cooperative Extension Tompkins County 2011-2012 Harvest Dinners on the Farm- Wine, Dine, Stay, & Play $5,000 101 The History Center April 20, 2011 2011 West End Waterfront Rhiner Festival $2,000 Community Arts Partnership 2011 Spring Writes: The Finger Lakes Literary Festival $4,000 $53,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE I1-20 ********** Resolution 2011-59: Authorizing Multi -Year Aquifer Study Agreement for the West Branch of Cayuga/Fishkill Aquifer in the Town of Newfield (DOC ID: 2574) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 98 of 2004 authorized the County to negotiate multi-year aquifer study agreements; established that the County's contribution to such aquifer studies will not exceed thirty-five percent of the total project cost; and established that such agreements will not exceed five years in duration, and WHEREAS, the Tompkins County Legislature, in 2003, approved a 20 -year capital funding program to complete detailed aquifer studies throughout the County, and WHEREAS, the Town of Newfield and the United States Geological Survey (USGS) are prepared to undertake and fund a study of the West Branch of Cayuga/Fishkill Aquifer in the Town of Newfield, and WHEREAS, the cost of said Aquifer Study will be $242,050, to be shared among the three entities as shown: Tompkins County $84,633 Town of Newfield $84,633 USGS $72,784 35% 35% 30% , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Budget, Capital, and Personnel Committee, That the County is authorized to enter into a multi-year contract with USGS to complete a detailed aquifer study for the West Branch of Cayuga/Fishkill Aquifer in the Town of Newfield, RESOLVED, further, That the County Administrator is authorized to execute said contract in accordance with the requirements established in Resolution No. 98 of 2004. SEQR ACTION: TYPE I1-18 * * * * * * * * * * 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 appointment(s) under the Consent Agenda: Youth Services Board Dustin James — Town of Newfield representative; term expires December 31, 2011 Strategic Tourism Planning Board Susan Stafford — TC3 representative; term expires December 31, 2011 Planning, Development, and Environmental Quality Committee Resolution 2011-60: 2011 Spring Community Celebration Grants (DOC ID: 2540) 102 April 20, 2011 MOVED by Ms. Mackesey, seconded by Mr. Proto. Mrs. McBean-Clairborne disclosed that while not receiving any benefit, she has involvement in planning and through her regular daytime employment with three of the events being awarded grants. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Applicant Event Recommend City of Ithaca 2011 Congo Square Market $1,000 Town of Newfield 2011 Newfield Bicentennial Celebration $2,000 Town of Groton, hamlet of McLean 2011 McLean's Happening in the Hamlet $1,300 City of Ithaca 2011 Tomp. Co. Veterans Day Parade $1,000 Town of Dryden 2011 Dryden Lake Festival $1,500 City of Ithaca 2011 GIAC Community Festival- A Cultural Fusion $1,000 Town of Lansing 2011 East Shore Festival of the Arts $1,765 Town of Enfield 2011 Enfield Harvest Festival $1,800 City of Ithaca Annual Latino Heritage Month Celebration 2011 $1,500 Village of Trumansburg 2011 Tru -Ulysses Winter Festival $1,500 Town of Danby Danby Fun Day 2011 $800 Town of Lansing Ludlowville Park "unplugged" Concert Series $1,000 Village of Groton 2011 Groton Winterfest $600 Village of Groton 2011 Groton Olde Home Days $1,500 City of Ithaca 2011 Juneteenth African American Heritage Celebration $1,000 City of Ithaca 2011 Boricua Afro Americano Festival (Puerto Rican Festival) $1,700 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-61: Authorizing Submittal of 2011 New York State Community Development Block Grant Program Application for Roof Replacements and Water and Septic Systems Improvements (DOC ID: 2572) MOVED by Ms. Mackesey, seconded by Mr. Proto. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County has completed a process of investigation in the community to determine community development needs for the current year, and WHEREAS, Tompkins County has determined that many low- to moderate -income households in 103 April 20, 2011 the County are in need of significant housing rehabilitation, including roof replacements that will allow for energy improvements to be made and/or individual water and septic systems improvements, 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, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for up to $750,000 in the 2011 round of the Division of Housing and Community Renewal CDBG funding for a comprehensive rehabilitation application that specifically addresses the health and safety concerns of low- to moderate -income residents of the County by replacing dilapidated roofs and making necessary water and septic improvements in homes, and 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 I1-9 * * * * * * * * * * Resolution 2011-62: Authorization to Accept Grant Funds and Execute Multi -Year Contracts, Budget Adjustment — Climate Showcase Communities - Planning Department (DOC ID: 2577) MOVED by Ms. Mackesey, seconded by Mr. Chock. A voice vote on the resolution resulted as follows: Ayes — 14; Noes — 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County has been awarded a Climate Showcase Communities grant from the United States Environmental Protection Agency (EPA) in the amount of $375,450, and WHEREAS, said grant would demonstrate planning and construction techniques for developing highly energy efficient and livable communities, develop model code provisions to make such techniques part of the mainstream development process, and educate public officials, developers, and professional planners and designers regarding these techniques, and WHEREAS, the grant agreement is for a three-year period commencing on March 1, 2011, and WHEREAS, the total project cost is $563,175, and the required grant matching funds will be provided through a combination of County staff time and contributions from sub -grantees, as shown in the table, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital, and Personnel Committees, That the County accepts the Climate Showcase Communities grant in the amount of $375,450, RESOLVED, further, That the County Administrator or his designee is authorized to execute multi-year contracts, as necessary, to implement the grant project, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to the 2011 Budget: REVENUE: A8027.44959 Federal Aid $139,056 APPROPRIATION: A8027.54412 Travel and Training $ 1,150 A8027.54442 Professional Services $137,906 $139,056 SEQR ACTION: TYPE II -21 * * * * * * * * * * 104 2011 2012 2013 Total EPA $139,056 $132,312 $104,082 $375,450 Tompkins County 7,020 7,020 7,020 21,060 Sub -Grantees 63,500 54,665 48,500 166,665 Total $209,576 $193,997 $159,602 $563,175 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital, and Personnel Committees, That the County accepts the Climate Showcase Communities grant in the amount of $375,450, RESOLVED, further, That the County Administrator or his designee is authorized to execute multi-year contracts, as necessary, to implement the grant project, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to the 2011 Budget: REVENUE: A8027.44959 Federal Aid $139,056 APPROPRIATION: A8027.54412 Travel and Training $ 1,150 A8027.54442 Professional Services $137,906 $139,056 SEQR ACTION: TYPE II -21 * * * * * * * * * * 104 April 20, 2011 Resolution 2011-63: Affirming Ithaca -Tompkins County Transportation Council (ITCTC) Recommendation to Increase the ITCTC Staff Director's Salary (DOC ID: 2568) MOVED by Ms. Mackesey, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca - Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that ".....staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by the Council [with] staffing plan, staff qualifications, and salary schedule established by the Council", and WHEREAS, Board Resolution No. 99 of 1993 "Clarification of Employment Status - Position of Ithaca - Tompkins County Transportation Council Planning Director" stated the following: "...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives", and WHEREAS, on March 14, 2000, the Director's salary was modified by ITCTC Resolution 00-1 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 Affirming Ithaca -Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC Planning Director's salary above the salary range, and WHEREAS, on March 8, 2011, the ITCTC passed Resolution 11-03 to adjust the salary of the Staff Director, retroactive to January 1, 2011, by 1.5%, and WHEREAS, in keeping with the County's requirement that salaries established above the salary range be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature affirm the 1.5 percent increase of the salary for the Ithaca - Tompkins County Transportation Council Planning Director to a total of $78,784, effective retroactively to January 1, 2011, as approved by the Ithaca -Tompkins County Transportation Council. SEQR ACTION: TYPE 11-20 ********** Resolution 2011-64: Re -Appropriation of Unspent Budget Allocations for Civil War Commission Projects (DOC ID: 2469) It was MOVED by Ms. Mackesey, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature approved multi-year funding of $2,000 per year for 2009 through 2011 for use by the Civil War Commission to promote awareness of the impacts of the Civil War on Tompkins County, and WHEREAS, the 2009 and 2010 allocations of the multi-year funding have lapsed and rolled into the Fund Balance, and WHEREAS, it is desirable to re -appropriate the $4,000 of unspent funding to the 2011 Budget of the County Historian to supplement the $2,000 allocation provided in the 2011 Budget for the Civil War Commission projects, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital and Personnel Committees, That the Director of Finance is authorized to make the following budget adjustments: FROM: Unreserved Fund Balance A599 $4,000 TO: County Historian 7510.54400 $4,000 RESOLVED, further, That the Tompkins County Legislature authorizes the use of $2,000 of the 105 April 20, 2011 aforementioned appropriations for Nursing scholarships at TC3 to honor four women from Tompkins County who were nurses and provided medical assistance to soldiers during the Civil War. SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:34 p.m. The meeting reconvened at 7:41 p.m. Report from the Capital Plan Review Committee During Ms. Robertson's Committee report, Ms. Herrera stated for the record a concern she expressed at the meeting with the additional amount of staff time required to work with LaBella to provide information requested in the study and asked that the cost of Facilities staff time and where the additional funds were coming from be noted within the resolution that will be coming forward. Individual Member -Filed Resolution Resolution 2011-65: Acknowledging the Importance of Earth Day and Support of Community - Wide Activities and Events (DOC ID: 2610) MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, April 22, 2011 marks the 41st celebration of Earth Day, which has grown internationally to be not only a celebration of Earth and all its wonders but also a call to action to respond to the clear distress signals Earth is sending us, and WHEREAS, over many years, Tompkins County government has taken many actions in response to our recognition of and concern about our environment, peak oil, and global warming, from undertaking a 20 -year program of documenting our aquifers, to reducing energy use and waste, to green purchasing and a green fleet policy and adding a Energy Element to our Comprehensive Plan, and WHEREAS, there are myriad sustainability efforts underway at local colleges and schools and through varied and cooperating local citizen groups and organizations, now therefore be it RESOLVED, That once again Tompkins County acknowledges the importance of Earth Day as a focal point for recognizing our mutual dependence on Earth and its natural resources, and supports the many and varied efforts being undertaken locally, as well as nationally and internationally, to confront and repair the damage that humans are doing to our shared home, and to celebrate that home with future generations in mind. SEQR ACTION: TYPE II -20 Approval of Minutes It was MOVED by Ms. Pryor, seconded by Mr. Stein, to approve the minutes of April 5, 2011, as corrected. Ms. Chock said she does not find the new format beneficial and would prefer more detail be included about all aspects of the meeting. A voice vote on the motion resulted as follows: Ayes — 13; Noes — 2 (Legislators Herrera and Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 8:42 p.m. The meeting reconvened at 8:50 p.m. in the courtroom of the Old Courthouse, 125 East Court Street, for the purpose of holding an executive session. 106 April 20, 2011 Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Stein, and unanimously adopted by voice vote, to enter into an executive session to discuss labor negotiations. An executive session was held at 8:50 p.m. and returned to open session at 9:30 p.m. Adjournment On motion the meeting adjourned at 9:30 p.m. 107 May 3, 2011 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Minutes Present: 12 Legislators (Mrs. McBean-Clairborne arrived at 5:33 p.m.; Ms. Mackesey was excused at 6:53 p.m. and returned at 7:30 p.m.; Mrs. McBean-Clairborne was excused at 7:49 p.m.). Excused: 3 (Legislators Herrera, Robison, and Shinagawa). Privilege of the Floor by the Public Tomo Shibato, City of Ithaca, spoke concerning a report she made to Cornell University Police relating to racial profiling. Fay Gougakis, City of Ithaca, urged Legislators to support two pieces of legislation currently in the New York Senate and Assembly that would keep New York State Frack Free. The Legislation S4220/A7218 would prohibit the use of hydraulic fracturing in the extraction of oil and gas in New York State. Bill S4616/A7013 closes the loophole for fracking waste so it's not exempt from monitoring and treatment requirements for hazardous waste. Ms. Robertson asked the Planning, Development, and Environmental Quality Committee to look into these legislative bills. Presentation — Revolving Loan Fund Michael Stamm, President, and Heather Filiberto, Director of Economic Development Services, Tompkins County Area Development, presented the Legislature with a brief overview of Tompkins County Area Development and a presentation on the Revolving Loan Fund Program. Chair's Appointment Ms. Robertson appointed Joe Mareane as the TANF Employment Program representative to the Workforce Investment Board for a term expiring June 30, 2014. Report from the County Administrator Mr. Mareane and Mr. Sutherland provided a brief presentation on the Budget Simulator, an interactive tool that was developed from the program impact statements. The Simulator is the foundation of a learning tool that might allow the Legislature to begin to better understand the relationship between the programs that the County offers and the amount of money that is spent on them. The simulation is intended to show the general effect of budget decisions and aid prioritization. It does not represent exact number. The Simulator will be provided to all Legislators in the next couple of days. Legislators spoke of the difficult decisions they will be faced with during the budget process and expressed their appreciation for the work that has been done to create the Simulator. Recess Ms. Robertson declared recess at 7:44 p.m. The meeting reconvened at 7:52 p.m. 108 May 3, 2011 Mrs. McBean-Clairborne was excused at 7:49 p.m. Addition to or Withdrawal of Resolution(s) from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present to approve the following resolution(s) under the Consent Agenda: Resolution 2011-66: Acceptance of Grant from New York State Office of Emergency Management to Update the Tompkins County Multi -Jurisdictional All -Hazard Mitigation Plan (DOC ID: 2573) MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has been awarded Hazard Mitigation Grant Program (HMGP) funds through the New York State Office of Emergency Management (NYSOEM) for the purpose of updating the Tompkins County Multi -Jurisdictional All -Hazard Mitigation Plan, and WHEREAS, the Hazard Mitigation Plan, approved in 2006, must be updated every 5 years in order to be eligible for Federal Emergency Management Agency (FEMA) pre -disaster mitigation funding, and WHEREAS, this funding requires the engagement of all of the County's municipalities including Tompkins County, the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Lansing, Newfield, and Ulysses as well as the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg, and the City of Ithaca, and WHEREAS, the Department of Planning is prepared to administer this grant, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts HMGP funds in the amount of $37,500, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -21 * * * * * * * * * * Resolution 2011-67: Authorization to Accept an Award of a Grant for the Benefit of the Drug Courts of Tompkins County (DOC ID: 2613) MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Probation Director has been notified of a grant award in the amount of $30,000 from a local foundation that has requested no publicity for the grant, to provide support to the Drug Treatment Courts of Tompkins County, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the grant in the amount of $30,000 from the local foundation to provide support to the Drug Treatment Courts of Tompkins County 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 budget adjustment for 2011: FROM: (Revenue) A3989.42705 Gifts & Donations $30,000 TO: (Appropriation) A3989.54333 Education & Promotion $ 5,700 A3989.54422 Equipment Maintenance $ 1,875 109 May 3, 2011 A3989.54491 Sub -Contracts $ 22,425 SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointment(s) Approved Under the Consent Agenda MOVED by Ms. Chock, seconded by Mr. Proto, and unanimously adopted by voice vote by members present to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Kristine Shaw — Town of Ithaca representative; term expires December 31, 2012 Capital Plan Review Committee Resolution 2011-68: Appropriation from Contingent Fund — Additional Funding for Center of Government Study (DOC ID: 2608) MOVED by Ms. Kiefer, seconded by Mr. Lane. MOVED by Mr. Dennis, seconded by Mr. Proto, to delete the following Whereas: "Whereas, the County Facilities Manager will be contributing in-kind support to this project currently estimated at $1,500 that is included in the existing 2011 County Operation budget". A voice vote on the amendment resulted as follows: Ayes — 7 (Legislators Chock, Dennis, McKenna, Proto, Pryor, Robertson, and Stein); Noes — 4 (Legislators Burbank, Kiefer, Lane, and Mackesey); Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). MOTION FAILED. MOVED by Mr. Burbank, seconded by Ms. Pryor, to remove the following language in the 9th Whereas: "to this project currently estimated at $1,500 that is included in the existing 2011 County Operation budget". MOVED by Mr. Stein, seconded by Mr. Lane, to Call the Question. A voice vote on Calling the Question resulted as follows: Ayes — 7 (Legislators Burbank, Dennis, Lane, Mackesey, McKenna, Robertson, and Stein); Noes — 4 (Legislators Chock, Kiefer, Proto, and Pryor); Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). MOTION FAILED. MOVED by Mr. Lane, seconded by Ms. Chock, to Call the Question. A voice vote on Calling the Question resulted as follows: Ayes — 9; Noes — 2 (Legislators Kiefer and Proto); Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes — 9; Noes — 2 (Legislators Kiefer and Proto); Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). AMENDMENT CARRIED. A short roll call vote on the resolution as amended resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature by Resolution No. 2010-221 on December 21, 2010 approved a scope of work developed by the County's Facilities Division to undertake an expert analysis that would compare the current configuration and projected costs of occupancy of County operations housed in both County -owned and leased facilities with the estimated cost of housing all or a part of those operations in a new Center of Government facility, and to recommend the most cost - 110 May 3, 2011 effective manner to accommodate the space needs of the County, and WHEREAS, said resolution appropriated $50,000 from the 2010 Contingent Fund for the study with the understanding that the study may cost more due to changes made in the scope of work from the original version, and that if additional funding were needed a request would be made for the additional amount from the 2011 Contingent Fund, and WHEREAS, a Request for Qualifications (RFQ) was issued on December 23, 2010, soliciting interest and credentials from qualified consultants to provide professional consulting and architectural design services to include a business case analysis for the proposed Center of Government project, and WHEREAS, four (4) responses to the RFQ were received from local architectural firms on January 21, 2011, and WHEREAS, following the evaluation and review of all the proposals, two (2) firms were invited to make a presentation on March 1, 2011, explaining their approaches to meet the County's needs, and WHEREAS, on March 3, 2011, a selection panel ranked and selected the firm most qualified to provide the services requested in the RFQ that resulted in the selection of HOLT Architects as the top- ranked firm, and WHEREAS, during the month of March the Facilities Division and HOLT Architects held several meetings to negotiate a scope of services and associated fees that specified the range of services the consultant will provide, the personnel it will commit to the project, and the schedule by which the work is to be completed, and WHEREAS, an agreement has been reached on the scope of work, and HOLT Architects has submitted a fee proposal to accomplish said scope in the amount not to exceed $124,625, and WHEREAS, the County Facilities Manager will be contributing in-kind support to this project, WHEREAS, the Facilities Division agrees that this fee is both fair and reasonable to both parties in order to accomplish the scope of work requested in the RFQ, and WHEREAS, it was understood that if the negotiated fee proposal exceeded the initial appropriation, the Facilities Division would return to make an additional request from the contingent fund, now therefore be it RESOLVED, on recommendation of the Capital Plan Review and the Budget, Capital, and Personnel Committees, That the contract for professional consulting services for the Center of Government Project Business Case Analysis be awarded to HOLT Architects, in the amount not to exceed $125,000, RESOLVED, further, That the County Administrator or his designee is authorized to execute all contracts or agreements necessary to provide these services, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $75,000 TO: 1620.54442 Facilities Professional Services $75,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2011-69: Appropriation from Contingent Fund - Develop a "Smart Work" Training Program for the Tompkins County Board of Elections and Department of Assessment (DOC ID: 2599) MOVED by Mr. Lane, seconded by Mr. McKenna. A short roll call vote resulted as follows: Ayes — 11; Noes — 0; Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, the adopted 2011 Tompkins County Budget earmarked contingent funding for "Smart Work Training," and WHEREAS, this training is a results -based process that uses expert facilitators working with 111 May 3, 2011 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, the Smart Work Training process has now been applied in several County operations as well as at TC3, with positive results in the form of streamlined operations and improved customer service reported by both staff and managers, and WHEREAS, the Board of Elections and the Department of Assessment desire to apply Smart Work Training to develop streamlined processes that will allow them to maintain or improve their operations at a time of severely constrained resources, and WHEREAS, the training is expected to cost approximately $5,500 for each department, for a total of $11,000, and WHEREAS, at the completion of these training projects the County Administrator and the two Departments will report the results of the training to the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital and Personnel 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 $11,000 To: 1987.54442 Professional Services $11,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Minutes It was MOVED by Mr. Proto, seconded by Mr. Burbank, to approve the minutes of April 20, 2011. A voice vote resulted as follows: Ayes 10, Noes — 1 (Legislator Kiefer), Excused — 4 (Legislators Herrera, McBean-Clairborne, Robison, and Shinagawa). MINUTES APPROVED. Adjournment The meeting adjourned at 8:44 p.m. 112 May 17, 2011 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 p.m. Roll Call of Members Present: 14 Legislators (Mr. Shinagawa arrived at 5:35 p.m.; Ms. Kiefer was excused at 8:43 p.m.; Mr. Shinagawa was excused at 8:45 p.m.; Mr. Stein was excused at 9:01). Excused: 1 (Legislator Herrera). Presentation of Proclamation(s) Ms. Robertson presented a proclamation to David Buckley, Executive Director of the Mental Health Association of Tompkins County, declaring May 2011 as Mental Health Awareness Month. Ms. Robertson presented a proclamation to David Stoyell from the Tompkins County Office for the Aging declaring May 2011 as Older Americans Month. Mr. Shinagawa arrived at 5:35 p.m. Privilege of the Floor by the Public Tomo Shibato, City of Ithaca, spoke concerning the diagnosis of delusional disorder and its relation to socio-economic upbringing. Fay Gougakis, City of Ithaca, spoke concerning cell phone use in the Tompkins County Public Library, on public transportation buses, text messaging while driving, and dark windshields prohibiting sight between drivers and pedestrians/bicyclists. Chair's Report Following Ms. Robertson's report on State thresholds on County revenues, Mr. Robison stated for the record his appreciation for the document listing items requiring home rule authorizing legislation and said he believes the State should give the decision-making authority to the local municipalities. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted permission to the appropriate Committee Chair to withdraw from the agenda the resolution entitled: Approval of Amended Bylaws of the Tompkins County Office for the Aging Advisory Committee (DOC ID: 2632). Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-70: Budget Adjustments - Various Departments (DOC ID: 2649) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. 113 May 17, 2011 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, the Facilities and Infrastructure, and the Budget, Capital, and Personnel Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Office of Employment and Training Revenue Acct Title Amt Approp Acct Title(s) 6292.43790 State Aid Job Training $21,825 6292.51000049 Project Assistant 6292.43790 State Aid Job Training $ 6,782 6292.58800 Fringe 6292.43790 State Aid Job Training $ 400 6292.54472 Phone 6292.43790 State Aid Job Training $ 500 6292.54303 Supplies 6292.43790 State Aid Job Training $ 1,000 6292.54414 Local Mileage 6292.43790 State Aid Job Training $45,909 6292.51000051 JTPA Participant 6292.43790 State Aid Job Training $ 2,500 6292.54400 Program Expense Explanation: Tompkins County has received funding to operate the 2011 Summer Youth Employment Program. These funds were not budgeted in the 2011 budget because it was not known if the funds would be available in the State's budget. Expenses related to operating the Summer Youth Employment Program. Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6292.43790 State Aid Job Training $78,916 6290.54491 Subcontracts 6292.43790 State Aid Job Training $ 300 6290.54472 Phone 6292.43790 State Aid Job Training $ 2,000 6290.54432 Rent 6292.43790 State Aid Job Training $ 750 6290.54303 Supplies 6292.43790 State Aid Job Training $ 500 6290.54342 Food 6292.43790 State Aid Job Training $ 800 6290.54319 Program Supplies 6292.43790 State Aid Job Training $ 2,600 6290.54414 Local Mileage 6292.43790 State Aid Job Training $ 2,550 6290.54412 Travel/Training 6292.43790 State Aid Job Training $ 7,000 6290.54400 Program Expense 6292.43790 State Aid Job Training $ 1,500 6290.54330 Printing Explanation: Tompkins County has received funding to operate the 2011 Summer Youth Employment Program. These funds were not budgeted in the 2011 budget because it was not known if the funds would be available in the State's budget. Funds are set aside for program administration and the remainder is subcontracted out to serve youth in Tompkins County. Highway Division Revenue Acct Title Amt Approp Acct Title(s) 5111 Fund Balance $30,000 5111.54312 Bridge Materials Explanation: Unforeseen repairs as a result of the bridge painting project. SEQR ACTION: TYPEII-20 * * * * * * * * * * Resolution 2011-71: Authorization to Adjust HPRP (Homelessness Prevention and Rapid Re - Housing) Grant Budget and Execute Associated Contract Amendments (DOC ID: 2646) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Social Services and its human services agency partners have been operating the Housing First homelessness prevention program since late 2009, using "Homelessness Prevention and Rapid Re -housing Grant" funds from New York State Office of Temporary and Disability Assistance's Bureau of Housing and Shelter services, and WHEREAS, the Department and its partners wish to shift grant funds between subcontracts, so as to reflect and accommodate the variations between the proportional demand for services anticipated in the 114 May 17, 2011 original grant budget and our clients' actual needs; now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to submit a grant budget adjustment to the state and, upon receiving approval, to amend its partner agencies' contracts accordingly. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-72: Award of 2011 New Tourism Initiative Grant (DOC ID: 2622) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County has a grant program for New Tourism Initiatives using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grant is approved: Applicant Event Recommend Hangar Theatre 211d Winter Village Bluegrass Festival -2012 $11,250 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned project. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-73: Authorization to Execute Construction Funding Agreement with New York State Department of Transportation — Bridge Painting, Various Locations (DOC ID: 2628) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a Project for Bridge Painting, Various Locations, P.I.N. 3754.20, (the Project) in Tompkins County, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non - Federal funds, and WHEREAS, Resolution No. 27 adopted on March 3, 2009, approved the Project and authorized execution of an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding of Scoping and Design, and WHEREAS, Resolution No. 151 adopted on September 1, 2009, granted Project Design Approval determining that the Project is a TYPE II State Environmental Quality Review action requiring no further environmental review, and WHEREAS, in order to expedite advancement of the Project and realize potential total Project cost reductions, NYSDOT requires the County to appropriate 100% percent of Project Construction and Construction Inspection costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject Project and authorizes the County of Tompkins to pay in the first instance 100% of the Federal and non -Federal share of the costs of Construction and Construction Inspection work for the subject Project or portions thereof, RESOLVED, further, That the sum of $871,000.00 is hereby made available within account 115 May 17, 2011 D5111.54411, Bridge Contracts, to cover the cost of participation in the Design and Construction phases of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of federal -aid and state -aid -eligible Project costs and all Project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2011-74: Authorization to Execute a Supplemental Agreement with Clark, Patterson, Lee for Design Services — Coddington Road Reconstruction Project (Pin 3753.24) (DOC ID: 2631) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a Project whereby Federal sources will furnish 80% and State sources may furnish 15% of funding necessary to design the reconstruction of Coddington Road between the Danby Town Line and Troy Road in the Town of Ithaca, and WHEREAS, this is a portion of the Project approved by Resolution No. 11 adopted on January 18, 2005, said resolution having also authorized an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding of Scoping and Design, and WHEREAS, Resolution No. 201 adopted on October 19, 2004, authorized a contract with Dewberry - Goodkind, Inc., for design services, and WHEREAS, design of the Project has been delayed by litigation and fiscal constraints, and WHEREAS, during the period of delay, Dewberry - Goodkind, Inc., assigned its rights and obligations under said contract for design services to Clark, Patterson, Lee, said assignment having been approved by the Tompkins County Risk Manager and pending approval by NYSDOT, and WHEREAS, resuming the project will involve several changes in the design scope of services, including adjustments in accordance with the outcome of litigation and phasing of Project construction, that have resulted in increased costs for the Project's design services, and WHEREAS, the Ithaca Tompkins County Transportation Council has adjusted the Transportation Improvement Program, thereby increasing the project design budget and making additional expenditures eligible for 80% Federal reimbursement, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Clark, Patterson, Lee, with offices located at 205 St. Paul Street, Suite 500, Rochester, New York, for design and right-of-way incidental services in connection with the referenced Project for an amount not to exceed $195,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute 116 May 17, 2011 supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the revised total contract amount $1,095,000, funds to be provided from capital account HZ5103.53.08 (Coddington Road Capital Project Account). SEQR ACTION: TYPE II -21 ********** Resolution 2011-75: Authorizing a Supplemental Consultant Agreement with C&S Companies, Inc., to Provide for Photographic Mapping and Survey Services in Connection with the 20 -Year Sustainable Master Plan - Ithaca Tompkins Regional Airport (DOC ID: 2615) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, on July 7, 2009, the Tompkins County Legislature authorized an agreement with C&S Companies of Syracuse, New York, to develop a Sustainable Master Plan at the Ithaca Tompkins Regional Airport, and WHEREAS, the original agreement was based on C&S providing certain data from available record drawings at considerable cost savings, and WHEREAS, over the past eighteen months the Federal Aviation Administration (FAA) has been asking for said data to be gathered via aerial and ground survey methods performed by a licensed surveyor, and WHEREAS, such collection methods require specialists in aerial photography and photogrammetric services and these services will be provided by EA Maps LLC, of Rochester, New York, as a sub -contractor to C&S Companies, and WHEREAS, an Independent Fee Estimate (IFE) was conducted by Woolpert Consultants of Dayton, OH, who have experience in this work and whose estimate of $104,000 is $26,000 higher than that quoted by EA Maps LLC, therefore EA Maps' fee is considered by the FAA to be reasonable, and WHEREAS, the budget for said supplemental planning agreement is: FAA Share (95.0%) $74,100 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 1,950 Local Share (Airline Fees) (2.5%) $ 1,950 Total $78,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the supplemental agreement with C&S Companies for $78,000 be and hereby is approved, subject to FAA and NYSDOT funding being received, RESOLVED, further, That the local share of $1,950 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -21 ********** Appointment(s) Approved Under the Consent Agenda MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Planning Advisory Board Robert Steuteville — Build Environmental Design representative; term expires December 31, 2013 Recess 117 May 17, 2011 Ms. Robertson declared recess at 7:24 p.m. The meeting reconvened at 7:34 p.m. Budget, Capital, and Personnel Committee Resolution 2011-76: A Bond Resolution Authorizing the Issuance of Up to $750,000 Serial Bonds and Notes of the County of Tompkins, New York, to Pay a Portion of the Cost of a Capital Improvement Project at 214 West Martin Luther King, Jr., Street/West State Street (DOC ID: 2642) MOVED by Mr. Dennis, seconded by Mr. Proto. A roll call vote resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins, New York, (the "County") is 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"), and WHEREAS, the County is considering undertaking a capital improvement project (the "Project") consisting of certain renovations, reconstruction and additions to the County's building located at 214 West Martin Luther King, Jr., Street/West State Street, and WHEREAS, the Project consists of replacement, rehabilitation, and reconstruction of a facility, in kind, on the same site, and WHEREAS, the County has reviewed the classifications of actions contained in the Regulations, 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, Capital, and Personnel 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. The County hereby determines that the Project constitutes a Type II Action pursuant to Part 617.5(c)(2) of the Regulations and as such is not subject to review under SEQRA. Section 2. 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 related construction, demolition, renovations, site improvements, original furnishings, fixtures, and equipment required for such purposes, architectural and engineering fees, and all other cost incidental to such work, there are hereby authorized to be issued up to $750,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $750,000 and that the plan for the financing thereof is by the issuance of up to $750,000 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 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years under subdivision 12(a)(2) 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 5. 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 6. 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 118 May 17, 2011 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 011 such bonds as the same become due and payable. Section 7. 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 8. 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 9. 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 10. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised, or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 11. 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. 119 May 17, 2011 Section 12. 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 11-20 ********** Resolution 2011-77: A Bond Resolution Authorizing the Issuance of Up to $2,500,000 Serial Bonds and Notes of the County of Tompkins, New York, to Pay a Portion of the Cost of a Capital Improvement Project at the Tompkins County Recycling and Solid Waste Center (DOC ID: 2643) MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A roll call vote resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins, New York (the "County") is 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"), and WHEREAS, the County is considering undertaking a capital improvement project (the "Project") consisting of certain renovations, reconstruction and additions to the Tompkins County Recycling and Solid Waste Center, and WHEREAS, the Project consists of replacement, rehabilitation, and reconstruction of a facility, in kind, on the same site, and WHEREAS, the County has reviewed the classifications of actions contained in the Regulations, 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, Capital, and Personnel 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. The County hereby determines that the Project constitutes a Type II Action pursuant to Part 617.5(c)(2) of the Regulations and as such is not subject to review under SEQRA. Section 2. 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 related construction, demolition, renovations, site improvements, original furnishings, fixtures, and equipment required for such purposes, architectural and engineering fees, and all other cost incidental to such work, there are hereby authorized to be issued up to $2,500,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $2,500,000 and that the plan for the financing thereof is by the issuance of up to $2,500,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years under subdivision 6 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 5. 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 6. 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 120 May 17, 2011 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 7. 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 8. 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 9. 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 10. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised, or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 11. 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. 121 May 17, 2011 Section 12. 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 I1-20 * * * * * * * * * * Resolution 2011-78: Establishment of 2012 County Financial Goal (DOC ID: 2645) MOVED by Mr. Dennis, seconded by Mr. Shinagawa. MOVED by Mr. McKenna, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes — 13; Noes — 1 (Legislators Chock); Excused — 1 (Legislator Herrera). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 12; Noes — 2 (Legislators Pryor and Stein); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the County Administrator has requested the Tompkins County Legislature to establish a tax -levy guideline for him to use in working with departments and preparing his recommended budget for 2012, and WHEREAS, as of April 25, 2011, the County Administrator estimates that a maintenance -of - effort budget would require a 13% tax -levy increase, and WHEREAS, it is too early in the year to have certainty about how underlying economic and fiscal conditions may change prior to the introduction of the formal budget in the fall, and WHEREAS, it is also uncertain as to whether New York State will impose a cap on the growth of the County's 2012 property tax levy and on all future levies (with the pending legislation setting the cap as equal to the lower of the Consumer Price Index or 2%), and WHEREAS, Tompkins County, along with the New York State Association of Counties (NYSAC), opposes a property tax cap unless and until New York State enacts meaningful reductions in the ever-growing cost of State -mandated programs administered and co -funded by counties, recognizing that if a cap is imposed without such relief, it will require massive cuts to vital, but non -mandated, county services, and WHEREAS, if a property tax cap is imposed without meaningful mandate relief, NYSAC has urged the State to provide for "carve outs" (i.e., exemptions) of State-controlled items such as Medicaid, other State -mandated programs, contributions to the State retirement system, and debt service obligations supported by the full faith and credit of the County, and WHEREAS, if those items were exempted from the cap, the County's 2012 tax levy would be allowed to rise to a total of 5.4%, including a 2% general cap and 3.4% in levy growth attributable to the expected increase of state controlled- and mandated -items proposed for exemption by NYSAC, and WHEREAS, it is the desire of the Legislature to review a budget that can be supported with a tax - levy increase consistent with the 2% cap plan that has been proposed by the Governor and passed by the New York State Senate, and also a budget that includes additional expenditures that can be supported by a 5.4% tax -levy, and WHEREAS, the Legislature recognizes that whatever tax -levy percentage is adopted today is a 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, Capital, and Personnel Committee, That the Legislature directs the County Administrator to develop a 2012 budget that can be supported by a 2% tax - levy increase and to present a Recommended Budget that can be supported by a 5.4% tax -levy increase and that clearly delineates the additional items that are included in the Recommended Budget that are not included in the budget supported by a 2% levy increase. SEQR ACTION: TYPE II -20 * * * * * * * * * * 122 May 17, 2011 Ms. Kiefer left at this time. Mr. Shinagawa left at this time. Public Safety Committee Resolution 2011-79: Appropriation from Contingent Fund - Terminal Pay - Department of Probation and Community Justice (DOC ID: 2606) MOVED by Mr. Stein, seconded by Ms. Pryor. A short roll call vote resulted as follows: Ayes — 12; Noes — 0; Excused — 3 (Legislators Herrera, Kiefer, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, in the Department of Probation and Community Justice, two Sr. Probation Officers retired effective March 27, 2011, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay to the department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget adjustment for 2011: FROM: A1990.54400 Contingent Fund $34,114 TO: A3141.51000597 Sr. Probation Officer $19,077 A3142.51000597 Sr. Probation Officer 3,455 A3141.58800 Fringes 9,806 A3142.58800 Fringes 1,776 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-80: Requesting Introduction of Home Rule Legislation — Amending Section 603 of the Retirement and Social Security Law in Relation to Service Retirement Benefits and Disability Benefits for Certain Detective Investigators with Twenty Years Service Without Regard to Age (DOC ID: 2607) MOVED by Mr. Stein, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes — 5 (Legislators Dennis, Mackesey, Pryor, Robertson, and Stein); Noes — 7 (Legislators Burbank, Chock, Lane, McBean-Clairborne, McKenna, Proto, and Robison); Excused — 3 (Legislators Herrera, Kiefer, and Shinagawa). RESOLUTION LOST. WHEREAS, legislation has been introduced in the New York State Legislature that would allow the County of Tompkins to adopt at its own option, a twenty-year retirement plan for Detective Investigators within the office of the Tompkins County District Attorney, and WHEREAS, said bill requires an amendment to Section 603 of the Retirement and Social Security Law in the manner herein prescribed, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature hereby requests home rule legislation from the Legislature of the State of New York amending Section 603 of the Retirement and Social Security Law to allow the County of Tompkins to adopt, at its own option, a twenty-year retirement plan for Detective Investigators within the office of the Tompkins County District Attorney, RESOLVED, further, That Section 603 of the Retirement and Social Security Law would, therefore, be amended by adding new subdivision "u" to read as follows: Sections 603. Eligibility for service retirement benefits; age and service requirements. u. Notwithstanding the provisions of paragraph one of this subdivision, if the County of Tompkins elects to provide the retirement benefit pursuant to this paragraph by adopting a resolution to such effect and filing a certified copy thereof with the Comptroller, the service retirement benefit specified in section six hundred four of this 123 May 17, 2011 article shall be payable to members with twenty years of creditable service, without regard to age, who are engaged directly in criminal law enforcement activities and who are employed in the office of the District Attorney of Tompkins county as a chief criminal investigator/detective, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator criminal investigator -electronics, criminal investigator -child abuse, confidential investigator or criminal investigator/arson if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefore which provides that he or she will be subject to the provisions of this article and to none of the provisions of article fourteen of this chapter. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the Comptroller, within three years after entering employment in the office of the District Attorney of Tompkins County in one of the titles aforementioned in this paragraph. For the purposes of this subdivision, the term: "credible Service" shall have the meaning as so defined in both section eighty-nine D and six hundred one of this chapter and such term shall be subject to the conditions in such sections eighty-nine D and six hundred one, also include service as a Sheriff, Undersheriff, Captain Deputy Sheriff, Lieutenant Deputy Sheriff., Senior Criminal Investigator, Chief Investigator/Detective, Criminal Investigator, Criminal Investigator -Electronics, Criminal Investigator -Child Abuse, Sergeant Deputy Sheriff, Deputy Sheriff, Deputy Sheriff Trainee, Police Chief, Police Lieutenant, Police Sergeant, Police Officer, or Police Captain. New material is underlined RESOLVED, further, That the Clerk to the Legislature be and is hereby authorized and directed to send a certified copy of this resolution to the Hon. Andrew M. Cuomo, Governor of the State of New York; Hon. Thomas F. O'Mara, Hon. James L. Seward, Hon. Michael F. Nozzolio, New York State Senators; Hon. Barbara Lifton Assemblywoman; the President Pro Tem of the New York State Senate; the Speaker of the New York State Assembly; the Majority and Minority Leaders of the New York State Senate and Assembly; and to such other persons as the Clerk, in her discretion, may feel proper in order to effectuate the purpose of this resolution. SEQR ACTION: TYPE 11-20 ********** Resolution 2011-81: Appropriation of Donations to Support K9 Program - Sheriff's Department (DOC ID: 2619) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as follows: Ayes — 12; Noes — 0; Excused — 3 (Legislators Herrera, Kiefer, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, The Sheriff's Department police dog Major recently passed away due to cancer, and WHEREAS, there has been an outpouring of public sympathy and awareness of the valuable services provided by the K9 Program, and WHEREAS, the County maintains a Trust Account for Sheriff Donations, and WHEREAS, the Trust Account for Sheriff Donations has sufficient funds to cover the cost of the acquisition of another police dog, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Personnel Committees, That the Finance Director is authorized to make the following budget adjustment: Revenue Account Title Amount Appropriation Account 3113.42705 Gifts & Donations $6,500 3113.54400 Program Expense RESOLVED, further, That the Sheriff anticipates that donations for the K9 Program will become available and replenish the funds that have been transferred into the 2011 Budget. SEQR ACTION: TYPE II- 2 * * * * * * * * * * 124 May 17, 2011 Mr. Stein was excused at this time. Facilities and Infrastructure Committee Resolution 2011-82: Authorization of a 5 -Year Extension to the Agreement with Cornell University for Discount Parking at the Ithaca Tompkins Regional Airport (DOC ID: 2611) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne. MOVED by Ms. Mackesey, seconded by Mr. Burbank, to amend the resolution to a 3 -year extension to the agreement with Cornell University. MOVED by Mr. Dennis, seconded by Mr. Burbank, to Call the Question. A voice vote resulted as follows: Ayes — 8; Noes — 3 (Legislators Chock, Mackesey, and McBean-Clairborne); Excused — 4 (Legislators Herrera, Kiefer, Shinagawa, and Stein). THE QUESTION WAS CALLED. A voice vote on the motion to amend resulted as follows: Ayes — 1 (Legislator Mackesey); Noes — 10; Excused — 4 (Legislators Herrera, Kiefer, Shinagawa, and Stein). MOTION TO AMEND FAILED. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 1 (Legislator Mackesey); Excused — 4 (Legislators Herrera, Kiefer, Shinagawa, and Stein). RESOLUTION ADOPTED. WHEREAS, Cornell University wishes to extend its agreement for discount parking at the Ithaca Tompkins Regional Airport, and WHEREAS, Cornell University will guarantee the County a minimum of $45,000 per year from Cornell -authorized vehicles parking in the airport's long-term and short-term parking lots, and WHEREAS, in return for said minimum guarantee the County will provide parking spaces for Cornell -authorized business travelers at seventy-five percent of the normal pre -sales tax fee, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized and directed to execute an agreement with Cornell University for an additional five years commencing May 1, 2011. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Minutes It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the minutes of May 3, 2011 as corrected. MINUTES APPROVED. Adi ournment The meeting adjourned at 9:18 p.m. 125 June 7, 2011 Regular Meeting Call to Order Ms. Robertson called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Present: 13 Legislators. Excused: 2 (Legislators Herrera and Stein). Recognition Ms. Robertson presented a certificate of recognition to John Spence, Executive Director of Better Housing for Tompkins County, to recognize and congratulate Better Housing for Tompkins County, Inc., for 30 years of success, helping hands and hearts, which will be acknowledged at a public celebration and annual meeting on June 15, 2011. Privilege of the Floor by the Public Laurie Konwinski, City of Ithaca, spoke in support of the resolution entitled Request that Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security. Ute Ritz-Deutch, City of Ithaca, spoke in support of the resolution entitled Request that Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security. Rick Noreault, CSEA, spoke concerning the Health Department's Certified Home Health Agency (CHHA) Program. Chair's Appointment(s) Ms. Robertson made the following appointment(s): Workforce Investment Board — terms expire June 30, 2014 Timothy M. Grippen — Employment Service/Trade Adj. Assist, Veterans E&T, or Unemployment representative Amie Hendrix — At -large representative Robert B. Bantle — Business representative County Administrator's Appointment It was MOVED by Mr. Dennis, seconded by Mr. Proto, to affirm the reappointment of Anita Fitzpatrick, Commissioner of Personnel, for a six-year term. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator McBean-Clairborne), Excused — 2 (Legislators Herrera and Stein). MOTION CARRIED. Mrs. McBean-Clairborne noted her vote is not based on the individual; she had expected to see more involvement in the process by Legislators. County Attorney's Report 126 June 7, 2011 Mr. Wood reported all financial disclosure forms have been submitted. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled Authorization for Public Hearing — TC3 Operating Budget — 2011-2012. It was MOVED by Ms. Mackesey, seconded by Ms. Chock, to add the resolution to the agenda entitled Authorization to Allocate 2011 Beautification Funding. A voice vote resulted as follows: Ayes — 11, Noes — 2 (Legislators Proto and Pryor),Excused — 2 (Legislators Herrera and Stein). MOTION CARRIED. Withdrawal of Resolution Ms. Robertson granted permission to the appropriate committee chair to withdraw the following resolution: Request that Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Depai tment of Homeland Security It was MOVED by Mr. Shinagawa, seconded by Mr. Burbank, to reconsider the resolution entitled Requesting Introduction of Home Rule Legislation — Amending Section 603 of the Retirement and Social Security Law in Relation to Service Retirement Benefits and Disability Benefits for Certain Detective Investigators with Twenty Years Service Without Regard to Age. A voice vote on the motion to reconsider resulted as follows: Ayes — 9, Noes — 4 (Legislators Lane, McKenna, Proto, and Robison), Excused — 2 (Legislators Herrera and Stein). MOTION TO RECONSIDER CARRIED. Approval of Resolution(s) Under the Consent Agenda MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-83: Authorizing a License to Enter - Cornell University Chemical Disposal and Radiation Burial Sites - Continued Remediation, Monitoring and Maintenance Work at Ithaca Tompkins Regional Airport (DOC ID: 2666) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County of Tompkins signed consecutive Licenses to Enter for Cornell University to install and maintain groundwater wells and to install and maintain an underground collection system in connection with contamination emanating from their chemical disposal and radiation burial sites adjacent to the Ithaca Tompkins Regional Airport, and WHEREAS, the most recent License to Enter expires on June 8, 2011, and there is a need for Cornell University to continue remediation, monitoring, and maintenance work at the groundwater wells located on airport property, and WHEREAS, said remediation, monitoring, and maintenance are likely to be necessary for many years to come, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to sign a License to Enter for a period of five (5) years, commencing on June 9, 2011, RESOLVED, further, That maps of well locations showing pollution plumes, data, and reports continue to be timely filed at the locations agreed upon as necessary among the County Airport Manager, 127 June 7, 2011 the County Planning Department, and the County Environmental Health staff and that Cornell University keeps the Facilities and Infrastructure Committee informed about their progress by way of periodic presentations to that committee. SEQR ACTION: TYPE II -20 Resolution 2011-84: Authorizing Changes in Fee Structure - Tompkins County Mental Health Clinic (DOC ID: 2640) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda. WHEREAS, the Tompkins County Mental Health Department is recommending changes to the Fee Structure for the Clinic to maximize Medicaid, Medicare, and 3rd Party Insurance revenues, and WHEREAS, these proposed rates are consistent with the Office of Mental Health Clinic Restructuring program and Ambulatory Patient Grouping methodology for billing, and WHEREAS, the Tompkins County Community Mental Health Services Board at its May 2, 2011, meeting has, after careful review, approved the change of fee structure for the Tompkins County Mental Clinic as indicated herein, and WHEREAS, Tompkins County ensures that all County residents have access to mental health services, without regard to ability to pay through the use of sliding scales based on income combined with household expenses and fee adjustments, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital and Personnel Committees, That the Tompkins County Mental Health Department implements the Fee Structure for Clinic Services below: PROPOSED 2011 RATES Minimum MD/NP Other Duration Qualified Staff Intake Assessment 45 min $200.00 Brief Psychiatric Assessment 30 min $200.00 n/a Full Psychiatric Assessment 45 min $240.00 n/a Brief Psychotherapy 30 min $120.00 Full Psychotherapy 45 min $160.00 Group Therapy (not Family) 60 min $62.00 Family Therapy 60 min $240.00 Family Therapy w/o patient 30 min $120.00 Medication Injection 5 min $80.00 Medication Management Visit 15 min $128.00 n/a Crisis 15min/unit 15 min $77.50/unit $77.50/unit Psychological Testing 60 min RESOLVED, further, That the sliding scale rate sheet dated May 2011 will be implemented immediately upon approval of this resolution by the full Legislature. SEQR ACTION: TYPE II -20 Public Safety Committee Resolution 2011-80: Requesting Introduction of Home Rule Legislation — Amending Section 603 of the Retirement and Social Security Law in Relation to Service Retirement Benefits and Disability Benefits for Certain Detective Investigators with Twenty Years Service Without Regard to Age (DOC ID: 2607) MOVED by Mr. Shinagawa, seconded by Mr. Dennis. 128 June 7, 2011 Ms. Wilkinson said if this resolution passes she will not fill this position without first taking it through the 2012 budget process. A voice vote resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, McKenna, Pryor, Robertson, and Shinagawa); Noes — 4 (Legislators Lane, McBean- Clairborne, Proto, and Robison); Excused — 2 (Legislators Herrera and Stein). RESOLUTION ADOPTED. WHEREAS, legislation has been introduced in the New York State Legislature that would allow the County of Tompkins to adopt at its own option, a twenty-year retirement plan for Detective Investigators within the office of the Tompkins County District Attorney, and WHEREAS, said bill requires an amendment to Section 603 of the Retirement and Social Security Law in the manner herein prescribed, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature hereby requests home rule legislation from the Legislature of the State of New York amending Section 603 of the Retirement and Social Security Law to allow the County of Tompkins to adopt, at its own option, a twenty-year retirement plan for Detective Investigators within the office of the Tompkins County District Attorney, RESOLVED, further, That Section 603 of the Retirement and Social Security Law would, therefore, be amended by adding new subdivision "u" to read as follows: Sections 603. Eligibility for service retirement benefits; age and service requirements. u. Notwithstanding the provisions of paragraph one of this subdivision, if the County of Tompkins elects to provide the retirement benefit pursuant to this paragraph by adopting a resolution to such effect and filing a certified copy thereof with the Comptroller, the service retirement benefit specified in section six hundred four of this article shall be payable to members with twenty years of creditable service, without regard to age, who are engaged directly in criminal law enforcement activities and who are employed in the office of the District Attorney of Tompkins county as a chief criminal investigator/detective, deputy chief criminal investigator, criminal investigator, senior criminal investigator, confidential criminal investigator, assistant criminal investigator criminal investigator -electronics, criminal investigator -child abuse, confidential investigator or criminal investigator/arson if: (i) such members have met the minimum service requirements upon retirement, and (ii) in the case of a member subject to the provisions of article fourteen of this chapter, such member files an election therefore which provides that he or she will be subject to the provisions of this article and to none of the provisions of article fourteen of this chapter. Such election, which shall be irrevocable, shall be in writing, duly executed and shall be filed with the Comptroller, within three years after entering employment in the office of the District Attorney of Tompkins County in one of the titles aforementioned in this paragraph. For the purposes of this subdivision, the term: "credible Service" shall have the meaning as so defined in both section eighty-nine D and six hundred one of this chapter and such term shall be subject to the conditions in such sections eighty-nine D and six hundred one, also include service as a Sheriff, Undersheriff, Captain Deputy Sheriff, Lieutenant Deputy Sheriff, Senior Criminal Investigator, Chief Investigator/Detective, Criminal Investigator, Criminal Investigator -Electronics, Criminal Investigator -Child Abuse, Sergeant Deputy Sheriff, Deputy Sheriff, Deputy Sheriff Trainee, Police Chief, Police Lieutenant, Police Sergeant, Police Officer, or Police Captain. New material is underlined RESOLVED, further, That the Clerk to the Legislature be and is hereby authorized and directed to send a certified copy of this resolution to the Hon. Andrew M. Cuomo, Governor of the State of New York; Hon. Thomas F. O'Mara, Hon. James L. Seward, Hon. Michael F. Nozzolio, New York State Senators; Hon. Barbara Lifton Assemblywoman; the President Pro Tem of the New York State Senate; the Speaker of the New York State Assembly; the Majority and Minority Leaders of the New York State Senate and Assembly; and to such other persons as the Clerk, in her discretion, may feel proper in order 129 June 7, 2011 to effectuate the purpose of this resolution. SEQR ACTION: TYPE I1-20 Planning, Development, and Environmental Quality Committee Resolution 2011-85: Authorization to Allocate 2011 Beautification Funding (DOC ID: 2693) MOVED by Ms. Mackesey, seconded by Mr. Burbank. A voice vote resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 3 (Legislators McKenna, Proto, and Pryor); Temporarily Out of the Room — 1 (Legislator Robison); Excused — 2 (Legislators Herrera and Stein). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a Beautification Program within its Tourism Program using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has reviewed a request for additional 2011 funding 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 allocation from the Room Tax Reserves is made for the Beautification Program: Tompkins County Chamber of Commerce $5,750 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 Facilities and Infrastructure Committee Resolution 2011-86: Authorization to Execute an Agreement with HOLT Architects for Architectural and Engineering Design Services - Tompkins County Human Services Annex Building Renovation Project (DOC ID: 2679) MOVED by Ms. Chock, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 226 of 2010 approved the purchase of property located at 214-216 West Martin Luther King, Jr., Street/West State Street for use by the Tompkins County Office for the Aging after vacating its present location in the County Courthouse at 320 North Tioga Street, Ithaca, NY, in response to the New York State Office of Court Administration's request to provide more space in the Courthouse for its library and additional meeting rooms, and WHEREAS, two (2) responses to the County Request for Proposals to provide architectural and engineering design services for the newly acquired building were received from Labella Associates, P.C., 300 State Street, Suite 201, Rochester, NY, 14614 and HOLT Architects, P.C., 217 North Aurora Street, Ithaca, NY, 14850 on May 17, 2011, and WHEREAS, Facilities Division staff have reviewed and evaluated the proposals taking into consideration the most beneficial combination of qualifications, services, and cost, and recommend HOLT Architects as the best qualified consultant to provide architectural and engineering design services for the project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Capital Plan Review Committees, That the County Administrator or his designee be and hereby is authorized to execute an Agreement with HOLT Architects, P.C., for Architectural and Engineering Design Services in connection 130 June 7, 2011 with the Renovation Project for the newly named Human Services Annex building for an amount not to exceed $135,000, RESOLVED, further, That the Facilities Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds being available in Capital Account No.1606.16.06. SEQR ACTION: TYPE II -21 Government Operations Committee Resolution 2011-87: Appointments to the Independent Redistricting Commission (DOC ID: 2683) MOVED by Mr. Lane, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 49, dated April 5, 2011, authorized the creation of an Independent Redistricting Commission and to prepare a reapportionment plan to recommend and present to the Tompkins County Legislature for approval, and WHEREAS, the Tompkins County Legislature has duly advertised for applicants and the Government Operations Committee, on behalf of the Tompkins County Legislature, has reviewed applications submitted and interviewed candidates for membership on the Independent Redistricting Commission, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following members be appointed to the Independent Redistricting Commission to serve at the pleasure of the Legislature, effective immediately: Henrik N. Dullea Linda R. Duttweiler John C. Gutenberger Michael R. Hattery Margaret Hobbie Daniel D. Konowalow Eric Lerner Sarah Reistetter-Akiri Jeffrey B. True RESOLVED, further, That Henrik N. Dullea be and hereby is appointed the Chair of the Independent Redistricting Commission. SEQR ACTION: TYPE II -20 Recess Ms. Robertson declared recess at 7:27 p.m. The meeting reconvened at 7:33 p.m. Budget, Capital and Personnel Committee Resolution 2011-88: Adjustments to the 2011 Budget — City of Ithaca — Municipal Sales Tax Agreement (DOC ID: 2661) MOVED by Ms. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. 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 131 June 7, 2011 increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and WHEREAS, actual collections within the City of Ithaca increased by 4.3% percent in 2010, and WHEREAS, budget adjustments are necessary to recognize the increase in sales tax, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Director of Finance be authorized and directed to make the following 2011 budget adjustments: BUDGET APPROPRIATION: From: County/City Program Change 6901.54666 16,154 Budget 2011 Due Change To: OAR A6315.54400 7,433 7,368 (65) OAR A6315.41110 7,433 7,368 (65) HSC Agencies A6305.54400 300,056 312,997 12,941 HSC Agencies A6305.41110 300,056 312,997 12,941 County/City Program 6901.54666 419,719 422,997 3,278 County/City Program 419,719 422,997 3,278 A6901.41110 Total Change 16,154 SEQR ACTION: TYPE II -20 Resolution 2011-89: Establishment of Guidelines and Fiscal Targets for All County Budgeting Units for the Preparation of the 2012 Budget (DOC ID: 2662) MOVED by Ms. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Legislature directed the County Administrator to develop a 2012 budget that can be supported by a 2% tax -levy increase and to present a Recommended Budget that can be supported by a 5.4% tax -levy increase and that clearly delineates the additional items that are included in the Recommended Budget that are not included in the budget supported by a 2% levy increase, and WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a depai lment 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 25, 2011, and WHEREAS, a 2012 maintenance of effort budget would require a 13% tax levy increase, a 5.4% tax levy increase requires a 7.8% fiscal target decrease, and WHEREAS, the Tompkins County Legislature wishes to establish two target scenarios in order for depailnients and agencies to submit their 2012 budget requests, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That fiscal targets for all budgeting units for preparation of the 2012 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets in the 2011 adopted budget shall be decreased by 7.8% and shall not include one-time funding nor any funds re -appropriated. 2. For Towns and Villages applying for reimbursement for County -wide services, and for Human 132 June 7, 2011 Service and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement between the County and City of Ithaca, fiscal targets in the 2011 adopted budget shall be decreased by 7.8% and shall not include one-time funding nor adjustments for prior years. 3. For all County departments' fiscal targets in the 2011 adopted budget shall be increased to include funding for the required fringe rate increase and then these modified fiscal targets will be decreased by 7.8% and shall not include one-time funding nor any funds re -appropriated from previous years. RESOLVED, further, That each of the budgeting units mentioned above also, using the same methodology, shall prepare a 2012 budget by decreasing the 2011 adopted budget by 11.2%, RESOLVED further, That the County Administrator, for the purpose of constructing the recommended budget, shall have the full authority to reduce depai tinent 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 II -20 Resolution 2011-90: Authorization for Public Hearing - Tompkins Cortland Community College Operating Budget — 2011-2012 (DOC ID: 2694) MOVED by Ms. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. 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, That a public hearing be held on June 21, 2011, 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 2011-2012 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 Individual Member -Filed Resolution(s) Resolution 2011-91: Supporting Permanent Thresholds on Locally -Determined Taxes to be Established by New York State (DOC ID: 2691) MOVED by Ms. Dennis, seconded by Mr. McKenna. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Proto), Excused — 2 (Legislators Herrera and Stein). RESOLUTION ADOPTED. WHEREAS, counties are obligated to administer and fund a broad range of State -mandated programs, and WHEREAS, the cost of those mandated programs has grown steadily over time, with the New York State Association of Counties finding that State -mandated costs now represent 90% of an average county's property tax levy, and WHEREAS, the sources of revenue available to counties to pay these State -mandated costs, and the maximum rates at which they may be applied, are also established by the State, and WHEREAS, over time, many counties, including Tompkins County, have been granted individual authority by the State to exceed the maximum rate of a specific tax, although such authority is 133 June 7, 2011 generally subject to a periodic "sunset" provision that requires the county to seek State legislation to maintain the rate at its previously -approved level, and WHEREAS, the Tompkins County Budget, Capital, and Personnel Committee believes that counties should be provided modest additional latitude to consider, debate, and determine the mix of revenues they find most equitable and appropriate for their communities, as well as the stability and ability to plan that is currently undermined by the need for revenues to be periodically re -authorized by the State, and WHEREAS, the Committee therefore endorsed a plan for New York State to raise the existing rate thresholds for revenue sources granted to counties to a level that is either consistent with precedent established by the State in granting specific authority to individual counties or, in the case of the wireless surcharge, reflects a shift in the cost of developing major public communications systems from the State to counties, and WHEREAS, such a plan would call for a maximum rate of 4% for local sales taxes; 0.5% for local Mortgage Recording Taxes; $1 per $500 for local deed transfer taxes; $1 per line per month for land line emergency communications telephone surcharges; and $1 per month for wireless emergency communications telephone surcharges, and WHEREAS, the New York State Legislature is nearing the end of its 2011 legislative session, and time is of the essence in putting this proposal before State lawmakers, and WHEREAS, the Committee therefore authorized its Chair to act on its behalf in preparing and distributing a letter to appropriate State officials proposing the plan to raise thresholds on revenue sources, and the Chair subsequently sent said letter, now therefore be it RESOLVED, That the Tompkins County Legislature hereby endorses said plan (attached to the resolution) and authorizes its Chair to follow up with the Budget, Capital, and Personnel Committee Chair's correspondence to and communication with appropriate State officials in support of said plan, RESOLVED, That copies of this resolution be sent to Governor Andrew Cuomo, Senate Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senators Tom O'Mara, James Seward, Mike Nozzolio, Jack Martins, Suzi Oppenheimer, Jeffrey Klein, and Andrea Stewart -Cousins, and Assemblywoman Barbara Lifton, and Executive Director Steve Acquario of New York State Association of Counties. SEQR ACTION: TYPE II -20 Sales Tax Attachment: Recommended Thresholds for Major Local Revenues Currently: Limit now at 3.0% • 45 (of 57 outside NYS) counties at or above 4% • 5 (of 57 outside NYC) counties above 4% --Erie (4 3/4), Herkimer (4 1/4), Oneida (4 3/4), Nassau (4 3/4), Suffolk (41/4) Proposed: Establish a threshold of 4.0% Currently: Any change must currently be authorized by the State • 26 counties now have mortgage tax authority; 2 are at 0.5%, remainder at 0.25% Proposed: Establish a threshold of 0.5% for the "Local Tax" retained by county for county purposes • (Other elements of Mortgage Tax: "Basic Tax" of 0.5% now goes to municipalities; "Additional Tax" of 0.25% to SONYMA. In addition, some areas have a "Special Additional Tax" pledged to transportation authorities, including the MTA) Currently: Any change must be currently authorized by the State Mortgage Recording Tax Deed Transfer Tax 134 Landline telephone surcharge Wireless telephone surcharge June 7, 2011 • 5 counties have transfer tax authority (Nassau's $5/$500 rate is higher than proposed threshold) • 7 towns also have transfer tax authority; all at or below proposed threshold Proposed: Establish a local threshold of $1 per $500 for counties (only Nassau now exceeds) Currently: Limit now at $0.35 per line per month • 2 counties have $1.00/month surcharges in place Proposed: Raise to $1.00 per line per month (link to development or maintenance of emergency communications systems) Currently: Limit now at $0.30 per month • 47 counties have $.030 surcharge in place Proposed: Raise to maximum of $1.00 per month (link to development or maintenance of emergency communications systems) (NYS imposes a $1.20/month surcharge) Resolution 2011-92: Resolution to Cornell University Administrators Regarding the Proposed Change in Status for the Africana Studies and Research Center (DOC ID: 2687) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Shinagawa. A voice vote resulted as follows: Ayes — 5 (Legislators Burbank, Chock, Mackesey, McBean-Clairborne, and Shinagawa); Noes — 8 (Legislators Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, and Robison); Excused — 2 (Legislators Herrera, and Peter Stein). RESOLUTION FAILED. WHEREAS, the Africana Studies and Research Center ("Center") at Cornell University was created in 1969 out of the proclaimed and mutually agreed-upon terms of providing a safe intellectual, physical, and social space for Black students during a period of overt hostility towards the University's students of color, and WHEREAS, the creation and success of the center has become part of the history of Tompkins County as well as that of the university that is embraced by residents, contributes to the ability of the community to attract visitors, and promotes community pride, and WHEREAS, the Tompkins County Legislature recognizes that Cornell University must make its own academic decisions that take into account many factors, and WHEREAS, the original institutional structure of the Center as a cross -disciplinary and intercollegiate unit had been intentionally designed by the university administration to help it advance its unique intellectual, cultural, and scholar activist goals, and WHEREAS, for over forty-two years, the Center's unique intercollegiate status and institutional structure makes it a flagship and model in the fields of Africana and Ethnic Studies programs nationally and globally, and WHEREAS, the Center is one of the forefront examples of a community engaged academic unit at Cornell, and WHEREAS, on December 1, 2010, the President and the Provost of Cornell University (administrators) decided to significantly alter the institutional structure of the Center, transforming it from an intercollegiate unit to a yet -to -be determined academic entity within the College of Arts and Sciences (CAS), and WHEREAS, faculty, students, and staff affiliated with ASRC have said publicly that they had no prior knowledge of the decision, while their evidence points to disclosure to faculty elsewhere on the 135 June 7, 2011 campus, suggesting to the ASRC community a decision-making process that intentionally excluded its members, yet they continue to request a dialogue with Cornell administrators, and WHEREAS, faculty, students, and staff affiliated with ASRC, and community members have requested that Cornell administrators provide any details about the process leading up to the announcement, and any detailed plan for preserving the integrity of the Center as a unit within the College of Arts and Sciences, and WHEREAS, many leaders in various parts of the Tompkins County community have requested a public, town -hall -style meeting as a way to help both sides come to a mutually beneficial agreement, and WHEREAS, the stellar reputations of Cornell and many institutions within it, including ASRC, attract scores of people to the University and to Tompkins County - be they students, their families, faculty, or staff, which stimulates our local economy repeatedly during any year, while news of negative effect potentially dissuades people from coming to either place, and WHEREAS, Cornell has built a great reputation as a developer of leadership through empowerment and has stated that any restructuring would be done in collaboration with those directly involved in any changes, now therefore be it RESOLVED, That the Tompkins County Legislature in the spirit of due process, meaningful stakeholder participation and social justice, respectfully requests that the top administration of Cornell University consider all of the implications in its proposed re -alignment of the Africana and Research Studies Center, RESOLVED, further, That the Tompkins County Legislature urges Cornell's administration to delay moving forward with the restructuring of ASRC and, in the interim, respectfully requests that administrators engage members of the Cornell community, particularly those poised to be most affected - such as the faculty, staff and students at ASRC - in meaningful, transparent, and productive dialogue that can lead towards a mutually agreed upon decision in contemplation of the restructuring effort, RESOLVED, further, That the Clerk of the Legislature forwards a copy of this resolution to Cornell University President David J. Skorton, Provost W. Kent Fuchs, and the members of Cornell's Board of Trustees. SEQR ACTION: TYPE II -20 Approval of Minutes of May 17, 2011 It was MOVED by Mr. Proto, seconded by Mr. Robison, to approve the minutes of May 17, 2011. A voice vote resulted as follows: Ayes — 11, Noes — 2 (Legislators Chock and Kiefer), Excused — 2 (Legislators Herrera and Stein). MINUTES APPROVED. Recess Ms. Robertson declared recess at 8:41 p.m. The meeting reconvened at 8:46 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 8:46 p.m. to discuss personnel matters. The meeting returned to open session at 9:30 p.m. Ad i ournment On motion the meeting adjourned at 9:30 p.m. 136 June 21, 2011 Regular Meeting Public Hearing Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the proposed 2011-2012 Tompkins Cortland Community College Operating Budget. Ms. Robertson asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Reading by Poet Laureate Gail Holst-Warhaft shared two poems entitled "The Loose Strife" and "The Lost Map". Privilege of the Floor for the Public Sigrid Connors, Tompkins County Health Department employee, spoke in favor of retaining the Tompkins County Health Department Certified Home Health Agency (CHHA). Ute Ritz -Deutsch, Immigrant Rights Coalition, spoke in favor of the resolution entitled rescinding the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security. The following individuals spoke in favor of retaining the Tompkins County Health Department Certified Home Health Agency (CHHA): Jamaica Breedlove, Tompkins County Health Department WIC employee Paula Lukas, Tompkins County Home Health Agency client Jennifer Grier, Tompkins County Health Department Certified Home Health Agency (CHHA) Billing Supervisor Dr. William Klepeck, Tompkins County Health Department Medical Director Chantalise DeMarco, CSEA White Collar President Theresa Alt, City of Ithaca resident Tomo Shibata, City of Ithaca resident, spoke of her concern regarding organized stalking assaults and possible inability to receive assistance regarding her experiences. Robin Soto, Owner and Nursing Supervisor of Redmoon Caregivers and resident of the Town of Newfield, spoke in favor of retaining the Tompkins County Health Department Certified Home Health Agency (CHHA). Distinguished Youth Award The June 2011 Distinguished Youth Award was presented to Nina Lindberg, a Senior at Lansing Central School. Recognition 137 June 21, 2011 Ms. Robertson presented Legislators Leslyn McBean-Clairborne and Kathy Luz Herrera with certificates recognizing their ten-year service with the County. Chair's Appointment Ms. Robertson made the following appointment(s): Workforce Investment Board — term expires June 30, 2014 Peter Stein - Appointment by Chief Elected Official (Legislator) Addition of Resolution(s) to the Agenda It was MOVED by Mr. Stein, seconded by Ms. Pryor, to add to the agenda the resolution entitled "Endorsement of Legislative Bills S-5804 and A -8290A Relating to Service Retirement Benefits for Persons Engaged in Criminal Law Enforcement Employed in the Office of the Tompkins County District Attorney (DOC ID: 2714)". A voice vote on the motion to add resulted as follows: Ayes 12; Noes — 2 (Legislators Lane and Proto); Temporarily Out of Room — 1 (Legislator Mackesey). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda Ms. Robertson gave the appropriate committee chair(s) permission to withdraw the following resolution(s) from the agenda: "Authorizing Tompkins County to Pay the Difference in Pay Between Military Pay and Base County Salary to County Officers and Employees While Performing Ordered Military Duty. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Chock, seconded by Mr. McKenna, and unanimously adopted by voice vote, to add to the agenda the resolution entitled "Award of Bid — CR 130, Newfield Depot Road Bridge Replacement (BIN 3314380) - PIN 3753.21, Town of Newfield (DOC ID: 2712)". MOTION CARRIED. Approval of Resolution(s) Under the Consent Agenda 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 2011-93: Authorization to Accept New York State Child Passenger Safety Grant - Sheriffs Office (DOC ID: 2690) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Sheriffs Office has received funding in the amount of $8,500 through the New York State Governor's Traffic Safety Committee and these funds may be applied to the Tompkins County Child Passenger Safety Seat Program, and WHEREAS, these funds will be used to reimburse costs of new car seats to keep the Tompkins County Child Passenger Safety Seat Program running, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County accepts this grant, RESOLVED, further, That the Finance Director is hereby authorized to make the following budget adjustment: FROM: A3113.43389 Other Public Safety Revenue $8,500 138 June 21, 2011 TO: A3113.54319 Program Expense SEQR ACTION: TYPE II -20 * * * * * * * * * * $8,500 Resolution 2011-94: Authorization to Enter into a Five -Year Extension of a Lease Agreement with the Alcohol & Drug Council of Tompkins County, Inc. (DOC ID: 2660) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Alcohol & Drug Council of Tompkins County, Inc., currently has a lease agreement with Tompkins County for the rental of office space in the Mental Health Building, 201 East Green Street, Ithaca, and WHEREAS, this lease agreement expired on March 31, 2011, and WHEREAS, the Alcohol & Drug Council of Tompkins County, Inc., would like to renew the lease for an additional five-year period, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Facilities and Infrastructure Committees, That the County Administrator or his designee is hereby authorized to sign a lease agreement with the Alcohol & Drug Council of Tompkins County, Inc., for a five-year period running from April 1, 2011, through March 31, 2016, with an eighteen -month notice escape clause, RESOLVED, further, That the lease includes rent, cleaning, utilities, and maintenance, and the rates are as follows: SEQR ACTION: TYPE II -20 2011-12 $106,942 2012-13 $110,151 2013-14 $113,456 2014-15 $116,859 2015-16 $120,365 * * * * * * * * * * Resolution 2011-95: Authorizing Primary School Family Support Contract (DOC ID: 2676) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Department of Social Services is able to draw down 62% State reimbursement if it renews its contract with Tompkins Community Action for the Primary School Family Support program, and WHEREAS, due to the restrictions on Community Optional Preventive Services, those State funds are only accessible to our County if used for this contract, and WHEREAS, the Youth Services Department is able and willing to transfer funds representing nearly all the local cost for the contract, and WHEREAS, the Department of Social Services is in a position to cover the local cost balance with reduced spending on other purchased services for clients contracts, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Department of Social Services is authorized to renew the aforementioned contract, RESOLVED, further, That the Director adjustments to Social Services' 2011 budget: Appropriation: 6070.54400 Revenue: 6070.44609 6070.41894 SEQR ACTION: TYPE I1-20 of Finance is Program NYS: Services for Clients Social Services Charges * ********* 139 authorized to $ 79,108 $ 54,623 $ 24,485 make the following June 21, 2011 Resolution 2011-96: Budget Adjustment - Social Services (DOC ID: 2706) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Social Services Revenue Acct Title Amt Approp Acct Title(s) 6140.54000 Safety Net Program $41,526 6010.54000 Administration: Program 6109.54000 Family Assistance: Program $62,290 6010.54000 Administration: Program 6109.44609 Family Assistance: Federal $62,290 6010.44615 Administration: FFFS Block Grant Explanation: A few years back, the Department of Social Services moved Red Cross' provision of Homeless Outreach, Prevention, and Drop -In Shelter services and its funding for same out of its Emergency Shelter contract with that agency and into a separate agreement, but continued to issue payments for the new contract through its Mandated public assistance programs. Earlier this year, the fiscal staff from the NYS Office of Temporary and Disability Assistance advised the Depaitouent that those payments must be issued and claimed as Administrative expenditures. This budget transfer seeks to comply. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-97: Establishing Standard Work Day for Elected and Appointed Officials - County Clerk (DOC ID: 2653) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote under the Consent Agenda. 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 the County Clerk, an elected official, 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 to the Clerk of the Legislature: Title Name Standard Work Day (Hrs/day) Term Begins/Ends Participates in Employer's Time Keeping System (Y/N) Days/Month (based on Record of Activities) Elected Officials County Clerk Aurora Valenti 6 1/1/2011 - 12/31/2014 N 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 140 June 21, 2011 Office of the State Comptroller within 45 days of adoption. SEQR ACTION: TYPE II -20 ********** Approval of Appointment(s) Under the Consent Agenda MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Developmental Disabilities Subcommittee Jeffrey Douglas Boles — Community Member representative; term expires December 31, 2014 Tompkins Cortland Community College Board of Trustees Joanne Volpe Florin — Tompkins County representative; term expires June 30, 2018 Budget, Capital, and Personnel Committee Resolution 2011-98: Adoption of 2011-2012 Operating Budget - Tompkins Cortland Community College (DOC ID: 2695) MOVED by Mr. Dennis, seconded by Mr. Lane, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2011, through August 31, 2012, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and WHEREAS, the Legislature will conduct a public hearing on said proposed budget on the 21st of June 2011, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That said proposed 2011-2012 operating budget in the amount of $35,906,257 of which the total sponsoring community contribution is in the amount of $4,254,915 of which Tompkins County's share is $2,680,596 and Cortland County's share is $1,574,319 be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2011 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2011, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2012, 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 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2011-99: Award of Bid — CR 130, Newfield Depot Road Bridge Replacement (BIN 3314380) - PIN 3753.21, Town of Newfield (DOC ID: 2712) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present (Mr. Dennis temporarily out of room). RESOLUTION ADOPTED. WHEREAS, Resolution No. 129 of 2009 approved a project (P.I.N. 3753.21) to replace the bridge carrying County Road 130, Newfield Depot Road, over Cayuga Inlet (BIN 3314380) in the Town of Newfield, and WHEREAS, Resolution No. 50 of 2011 authorized an agreement with the State of New York whereby Federal sources will furnish 80% of the funding necessary for the Project, and 141 June 21, 2011 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, four (4) bids were received and publicly opened on June 14, 2011, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Economy Paving Company, Inc., of Cortland, NY, lowest, responsible bidder, in the amount of $916,402.70, pending approval and confirmation of funding levels by the New York State Department of Transportation, RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 10% of the aforementioned bid amount on behalf of the County, funds to be provided from the Newfield Depot Road Capital Account (HZ 5103.59239.53.09). SEQR ACTION: TYPE II -2 * * * * * * * * * * Government Operations Committee Resolution 2011-100: Adopting an Exclusion Screening Policy as an Addition to the County Compliance Program and to the Formal Policies and Procedures of Tompkins County Government (DOC ID: 2696) MOVED by Mr. Lane, seconded by Ms. Pryor, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, in January of this year by Resolution No. 2011-11, the Legislature approved the development and implementation of a Corporate Compliance Program for Tompkins County government, and WHEREAS, a core element of an effective compliance program is the screening of pre -hire and post -hire of County employees and contractors to minimize risk in hiring individuals or contracting with business entities that have been involved in adverse governmental actions related to fraud, patient abuse, licensing board sanctions, license revocation/suspension/surrender, or that have been excluded from federal healthcare programs, and WHEREAS, a formal Exclusion Screening Policy establishes County government compliance with applicable federal and state mandates, and emphasizes County government commitment to maintaining high quality service and integrity in its financial and business operations, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That Administrative Policy 01-46: Exclusion Screening is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2011-101: Appropriation from Contingent Fund - COPS (Community Option Preventive Services) Contracts (DOC ID: 2699) MOVED by Mr. Proto, seconded by Mr. Burbank. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Department of Social Services, through subcontracts with several human services agencies, has been operating Community Optional Preventive Services (COPS) programs as authorized by the County's 2011 budget process, and WHEREAS, the programs supported include: Advocacy Center, Cooperative Extension, Day Care Council, Tompkins County Probation, and Tompkins Community Action, and WHEREAS, the New York State Office of Children and Family Services has just released district -specific COPS allocations following April passage of the State budget, with the result that the 142 June 21, 2011 Department's potential revenue from that source is $87,154 significantly less than the $302,087 that was anticipated in the County budget, and WHEREAS, expenditures on these programs are believed to reduce the frequency, duration, and level of care required in foster care and detention placements, thereby reducing the local cost of those mandatory expenditures, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Finance Director is hereby authorized and directed to make the following budget adjustment for 2011: FROM: A1991.54000 Contingent Fund $214,933 TO: A6070.43670 State Purchase of Services -$214,933 SEQR ACTION: TYPE II -20 ********** Resolution 2011-102: Appropriation from Contingent Fund and Budget Adjustment — Home Care — Health Department (DOC ID: 2663) MOVED by Mr. Proto, seconded by Mr. Burbank. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the 2011 budget process allocated 50% of the requested funds for operation of the Certified Home Health Agency, and WHEREAS, the Home Care Program will need to continue operations through 2011, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation and adjustment: FROM: A1990.54440 Contingent Fund $ 195,900 A4016.41610 Home Nursing Charges 640,375 TOTAL REVENUES: $ 836,275 TO: A4016.51000 Regular Pay/On Call $ 25,832 A4016.51000513 Account Clerk Typist 30,463 A4016.51000529 Sr. Account Clerk Typist 17,596 A4016.51000579 Physical Therapist 25,768 A4016.51000580 Community Health Nurse 207,040 A4016.51000601 Supv. Comm. Health Nurse 31,452 A4016.51000656 Team Leader 56,936 A4016.52220 Departmental Equipment 42 A4016.54303 Office Supplies 1,473 A4016.54310 Automotive Fuel 4,137 A4016.54330 Printing 3,148 A4016.54332 Books 195 A4016.54354 Medical 14,004 A4016.54414 Local Mileage 1,842 A4016.54421 Auto Maintenance/Repair 2,790 A4016.54432 Rent 8,196 A4016.54442 Professional Services 190,184 A4016.54452 Postage 880 A4016.54462 Insurance 5,574 A4016.54472 Telephone 3,221 A4016.54499 Health Facility Assessment 2,242 A4016.58800 Total Fringe Benefits 203,260 TOTAL APPROPRIATIONS: $ 836,275 SEQR ACTION: TYPE II -20 * * * * * * * * * * 143 Recess June 21, 2011 Chair Robertson declared recess at 7:28 p.m. The meeting reconvened at 7:37 p.m. Health and Human Services Committee (continued) Resolution 2011-103: Authorization to Divest in Tompkins Home Health Care Certified Home Health Agency (CHHA) and Authorization to Issue Request for Proposals — Health Department (DOC ID: 2701) MOVED by Mr. Burbank, seconded by Mr. Shinagawa. MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to offer the following substitute resolution: Authorization to Continue Tompkins Home Health Care Certified Home Health Agency (CHHA) and Invest Further in Operations — Health Department (DOC ID# 2700) WHEREAS, during the 2011 budget process a proposal was made to divest of the County's Certified Home Health Agency (CHHA) and funds were allocated to review the operation of the CHHA, and WHEREAS, the depailinent entered into an agreement with Jack Venesky, CPA & Associates for a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis to provide fiscal information and projections about the CHHA to assist in making a decision on the CHHA, and WHEREAS, a panel discussion was held to provide perspectives on regulations and impacts of operating or divesting of the CHHA from various professionals associated with home care services, now therefore be it RESOLVED, That the County continue operating the Certified Home Health Agency, RESOLVED, further, That the department will continue to implement changes to reduce the tax subsidy, RESOLVED, further, That the Legislature understands further investments may be required to implement measures that could help reduce the tax subsidy. SEQR ACTION: TYPE II -20 A voice vote on the motion to substitute resulted as follows: Ayes — 6 (Legislators Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, and Proto); Noes — 9 (Legislators Burbank, Chock, Dennis, Lane, Pryor, Robertson, Robison, Shinagawa, and Stein). MOTION TO SUBSTITUTE FAILED. MOVED by Mr. Proto, seconded by Ms. Kiefer, to offer the following substitute resolution: Authorization to Continue Tompkins County's Certified Home Health Agency (CHHA) and Invest further in Operations WHEREAS, during the 2011 budget process a proposal was made to divest of the County's Certified Home Health Agency (CHHA) and funds were allocated to review the operation of the CHHA, and WHEREAS, the department entered into an agreement with Jack Venesky, CPA & Associates for a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis to provide fiscal information and projections about the CHHA to assist in making a decision on the CHHA, and WHEREAS, a panel discussion was held on May 10`h to provide perspectives from various professionals associated with home care services on regulations and impacts of operating or divesting of the CHHA, 144 June 21, 2011 WHEREAS, it is clear from the Vanesky report that there are a number of steps the Health Department can take to significantly reduce the costs associated with operating a CHHA, and the Department estimates the current $400,000 operating subsidy can be cut in half by the end of 2012, and WHEREAS, beyond assuring the CHHA's clients of continued compassionate care, the existence of the County -operated CHHA, with its cadre of well-trained nurses and others, provides important benefits to the Tompkins County community as a whole, such as the depth of knowledge, staff, and coordination actions necessary for emergency preparedness, and such benefits cannot be quantified in dollars, now therefore be it RESOLVED, That the County continue operating the Certified Home Health Agency, RESOLVED, further, That the department will continue to implement changes to reduce the tax subsidy, RESOLVED, further, That the Legislature understands further investments may be required to implement measures that could help reduce the tax subsidy. SEQR ACTION: TYPE II -20 A voice vote on the motion to substitute resulted as follows: Ayes — 6 (Legislators Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, and Proto); Noes — 9 (Legislators Burbank, Chock, Dennis, Lane, Pryor, Robertson, Robison, Shinagawa, and Stein). MOTION TO SUBSTITUTE FAILED. MOVED by Mr. Lane, seconded by Mr. Stein, to call the question. A voice vote on the motion to call the question resulted as follows: Ayes — 8 (Legislators Burbank, Dennis, Lane, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 7 (Legislators Chock, Herrera, Kiefer, Mackesey, McBean- Clairborne, McKenna, and Proto). THE QUESTION WAS CALLED. A roll call vote on the original resolution resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Lane, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 6 (Legislators Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, and Proto). RESOLUTION ADOPTED. WHEREAS, during the 2011 budget process a proposal was made to divest of the County's Certified Home Health Agency (CHHA) and funds were allocated to review the operation of the CHHA, and WHEREAS, the department entered into an agreement with Jack Venesky, CPA & Associates for a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis to provide fiscal information and projections about the CHHA to assist in making a decision on the CHHA, and WHEREAS, a panel discussion was held to provide perspectives on regulations and impacts of operating or divesting of the CHHA from various professionals associated with home care services, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County divest of the Certified Home Health Agency subject to the issuance and award of a Request for Proposals (RFP) to purchase the Certified Home Health Agency license. SEQR ACTION: TYPE II -20 ********** Public Safety Committee Resolution 2011-104: Request that Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security (DOC ID: 2686) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne. A voice vote resulted as follows: Ayes — 13 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, 145 June 21, 2011 McKenna, Pryor, Robertson, Shinagawa, and Stein); Noes — 2 (Legislators Proto and Robison). RESOLUTION ADOPTED. WHEREAS, in March 2008, the U S Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security (DHS), initiated a Secure Communities program, and WHEREAS, in May 2010, New York State signed a Memorandum of Agreement (MOA) with Immigration and Customs Enforcement (ICE) to allow Secure Communities into New York, which was revised on December 28, 2010, and WHEREAS, this Memorandum of Agreement requires New York State and any participating local law enforcement departments to use fingerprint -based biometric technology during booking of arrestees and requires them to share these data immediately with DHS, effectively opening the door for ICE presence in every police precinct across New York State, and WHEREAS, the way in which the Department of Homeland Security went about signing this agreement with the Department of Criminal Justice Services was neither transparent nor public, and WHEREAS, this agreement was signed without any public input, and without the knowledge of many State -level elected officials who are entrusted to represent the best interests of constituents yet many learned about Secure Communities months after the MOA was signed, and WHEREAS, confusing and contradictory information has been provided as to whether municipal participation in the Secure Communities program is voluntary or compulsory, such as ICE officials having promised New York officials that localities will have to opt -in in order to implement the Secure Communities program yet DHS now maintains that participation in Secure Communities by local jurisdictions in states that have signed MOAs are mandatory, and WHEREAS, the increasing collaboration between law enforcement agencies and ICE is of great concern to the Tompkins County Legislature due to the negative impact this collaboration has on community trust in policing, the potential for racial profiling, and most importantly, the funneling of thousands of New Yorkers into immigration detention and deportation without the exercise of due rights, and WHEREAS, the detention and deportation system lacks accountability or transparency, and often sends New York immigrant residents thousands of miles away to immigration detention centers located in Texas, Louisiana, and Alabama, where they are deprived of adequate access to counsel, medical care, family, witnesses, and other evidence necessary to defend themselves against deportation, and WHEREAS, beyond the individual suffering, many of these New Yorkers leaves behind a broken family, and WHEREAS, ICE has made clear that localities, not ICE, will bear the financial and resource burdens and all liabilities incurred by participation in Secure Communities and its related programs, and WHEREAS, as New York is grappling with an $8.1 billion budget deficit and Tompkins County is still weathering a challenging economic environment, and can ill -afford unnecessary expenditures that do not benefit our community, and WHEREAS, on May 4, 2011, Governor Quinn of Illinois requested a termination of the Memorandum of Agreement between the Illinois State Police and DHS stating ICE's records show that more than 20% of the deportations from the state under the program have been of persons who were not convicted of any crime and nearly 79% of those deported nationwide under the Secure Communities program are non -criminals or were picked up but not necessarily charged or convicted, and WHEREAS, on June 1, 2011, New York Governor Andrew Cuomo announced that New York State will suspend participation in the federal Secure Communities Program, stating that, "there are concerns about the implementation of the program as well as its impact on families, immigrant communities and law enforcement in New York," and WHEREAS, we applaud and support this suspension by the governor and sees it as a move in the right direction towards fully rescinding New York State's participation in the program, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature strongly urges New York State Governor Andrew Cuomo to rescind in its entirety the Memorandum of Agreement (MOA) New York State signed in May 2010 and revised in December 2010 146 June 21, 2011 with the Department of Homeland Security's Immigration and Customs Enforcement agency authorizing the implementation of the Secure Communities program in New York, RESOLVED, further, That the Tompkins County Legislature urges Governor Cuomo to not commit New York State to any future involvement in the program until further investigation, review, and public debate on all aspects and impacts of the program are conducted, RESOLVED, further, That the Clerk of the Legislature forward certified copies of said resolution to Governor Andrew Cuomo, New York State Senators James L. Seward, Thomas F. O'Mara, Michael F. Nozzolio, and Assemblywoman Barbara S. Lifton. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-105: Endorsement of Legislative Bills S-5804 and A -8290A Relating to Service Retirement Benefits for Persons Engaged in Criminal Law Enforcement Employed in the Office of the Tompkins County District Attorney (DOC ID: 2714) MOVED by Mr. Stein, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, McKenna, Pryor, Robertson, Shinagawa, and Stein); Noes — 5 (Legislators Herrera, Lane, McBean-Clairborne, Proto and Robison). RESOLUTION ADOPTED. WHEREAS, Resolution No. 80 of 2011 requested the New York State Legislature to Amend Section 603 of the Retirement and Social Security Law in relation to service retirement benefits and disability benefits for certain detective investigators with twenty years of service without regard to age, and WHEREAS, the intent of such legislation is to allow the County to adopt at its own option a twenty-year retirement plan for Detective Investigators in the office of the Tompkins County District Attorney, and WHEREAS, the New York State Legislature has responded to the County's request through the introduction of S-5804 and A -8290A "An act to amend the retirement and social security law, in relation to service retirement benefits for persons engaged in criminal law enforcement and employed in the office of district attorney of Tompkins County", now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature endorses and requests State approval of legislation known as S-5804 and A -8290A. SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee — Continued Resolution 2011-106: Authorizing the Use of Contingency Funds to Support the Cost of Administrative and Technical Support Provided to the Independent Redistricting Commission's Development of a Decennial Reapportionment Plan) (DOC ID: 2704) MOVED by Mr. Lane, seconded by Ms. Pryor. A short roll call vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Resolution No. 49, dated April 5, 2011, authorized the creation of an Independent Redistricting Commission to prepare a reapportionment plan to recommend and present to the Tompkins County Legislature for approval, and WHEREAS, that authorizing resolution directed the County Administrator to designate appropriate staff to assist the Commission, and WHEREAS, the County Administrator, in consultation with the Director of Information Technology Services and the Clerk of the Legislature has determined that the staffing requirements 147 June 21, 2011 anticipated to adequately and professionally serve the Commission are available within the County organization, although the downsizing of the County's personnel roster in recent years may not allow for that support to be fully accommodated during regular business hours, and WHEREAS, in addition to Information Technology/Geographic Information System and administrative support personnel, support for the Commission may require the purchase of supplies and materials including relevant computer software, and WHEREAS, in the development of the County's 2011 budget, it was acknowledged that funds will need to be provided to support the Reapportionment plan that are in addition to funds provided to the departments that will support the project, and WHEREAS, it is the desire of the County Legislature to provide adequate funding to ensure the Commission is provided responsive and professional support commensurate with the significance of this project; now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature directs and authorizes the Commissioner of Finance to earmark $20,000 from the County's 2011 Contingency Account for the purpose of supporting the cost of overtime and supplies and materials needed to support the Commission in 2011 and 2012, RESOLVED, further, That the County Administrator will manage the allocation of those funds in a manner that ensures that the Commission's support needs are fulfilled within this allocation, with any unspent funds being returned to the County's general fund. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Ms. Herrera was excused at this time (9:48 p.m.). Withdrawal of Resolution(s) from the Agenda Ms. Robertson gave the appropriate committee chair(s) permission to withdraw the following resolution(s) from the agenda: "Authorization to Divest in Tompkins County Home Health Care Certified Home Health Agency (CHHA)" and "Authorization to Issue Requests for Proposals — Health Department". Approval of Minutes of June 7, 2011 MOVED by Mr. Proto, seconded by Ms. Mackesey, to approve the minutes of June 7, 2011. A voice vote resulted as follows on the minutes as corrected: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Herrera). MINUTES APPROVED. Adjournment On motion the meeting adjourned at 9:50 p.m. 148 July 5, 2011 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. (Mrs. McBean-Clairborne arrived at 6:09 p.m.) (Ms. Mackesey was excused at 7:05 p.m. and Ms. Kiefer was excused at 8:27 p.m.) Privilege of the Floor for the Public Tomo Shibata, City of Ithaca resident, spoke of her concern regarding organized stalking assaults and possible inability to receive assistance regarding her experiences. Fay Gougakis, City of Ithaca resident, expressed concern with the Department of Environmental Conservation's Environmental Impact Statement regarding hydrofracking in the State and urged the Legislature to contact State representatives to help prevent drilling from happening. Mrs. McBean-Clairborne arrived at this time. Resolution(s) Added to the Agenda It was MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote, to add the resolution to the agenda entitled "Authorization to Execute Quitclaim Deeds — Sale of Foreclosure Properties at Public Auction (DOC ID: 2740)". MOTION CARRIED. Approval of Resolution(s) Under the Consent Agenda MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-107: Award of Five -Year Engineering Consulting Agreement - Ithaca Tompkins Regional Airport (DOC ID: 2707) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, there is an ongoing need to employ a specialized firm of engineering consultants for various airport projects that are funded by federal and state grants, and WHEREAS, the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), in recognition of the need for a thorough knowledge of the airport environment require that engineering consultants be selected on the basis of qualifications and not by price, and WHEREAS, the FAA and NYSDOT recognizing the desire for continuity when completing a series of projects, allow airport sponsors to select a firm of engineering consultants for a five-year period, and WHEREAS, said selection for a five-year period will allow the County, if it so chooses, to award all FAA/NYSDOT funded engineering contracts during that time to the selected consultant, without the need to issue Requests for Qualifications (RFQs) for individual projects, and 149 July 5, 2011 WHEREAS, the County may also, at its option and without cause, elect to use the services of other qualified airport engineering consultants during the five-year period, rather than the services of the selected consultant, and WHEREAS, a Request For Qualifications (RFQ) was issued on April 9, 2011, to six qualified airport engineering consultants in New York State and two responses were received, and WHEREAS, the two sets of qualifications were reviewed by a five -person panel of qualified individuals and the recommendation from the panel is to award the contract to C&S Companies of Syracuse, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to sign a five-year agreement for engineering services at the Ithaca Tompkins Regional Airport with C&S Companies of Syracuse, New York, from July 1, 2011, through June30, 2016. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-108: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Complete Phase II of the Sustainable Master Plan - Ithaca Tompkins Regional Airport (DOC ID: 2708) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Federal Aviation Administration (FAA) has requested that as part of the Sustainable Master Plan the airport be photographed from the air in order to complete the surveying and Airport layout Plan (ALP) to their satisfaction, and WHEREAS, this work was not part of the original specifications of the Sustainable Master Plan contract, and WHEREAS, the County Legislature approved a contract with EA Maps LLC to complete this work by Resolution No. 75 on May 17, 2011, and WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $76,950 to complete said Phase II of the Sustainable Master Plan at the Ithaca Tompkins Regional Airport, and WHEREAS, the budget for this project will be $78,000 plus $3,000 for the mandated Independent Fee Estimate (IFE) conducted by Woolpert Engineers, and the financing is as follows: FAA Share (95.0%) Account No. HT5601.44592 $76,950 New York State Department of Transportation (2.5%) Account No. HT5601.43592 $ 2,025 Airport Operational Budget (2.5%) Account No. HT5601.45031 $ 2,025 Total $81,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $76,950 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2011-109: Budget Adjustment - Solid Waste Division (DOC ID: 2725) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, 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 150 July 5, 2011 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Solid Waste Revenue Acct Title Amt Approp Acct Title(s) CL8163.42770 Misc. Revenues $53,666 CL8163.54442 Professional Services Explanation: Transfer termination agreement funds from Waste Management to pay for facility repairs. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-110: Authorization to Enter into a Five -Year Lease Agreement for the Department of Motor Vehicles Office (DOC ID: 2697) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the lease agreement for the offices in which the Tompkins County Department of Motor Vehicles transacts business, located in the Hancock Plaza, 301 Third Street in the City of Ithaca, expired April 30, 2011, and WHEREAS, this location provides convenient access to the public, and the County Administrator has negotiated rates with the owner's representative, now therefore be it RESOLVED, on recommendation of the Government Operations and the Facilities and Infrastructure Committees, That the County Administrator or his designee is hereby authorized to sign a lease agreement with the landlord, Hancock Plaza Properties, Inc., for the period of May 1, 2011, through April 30, 2014. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution No. 2011-111 - Award of Bids - Construction of New Sand Storage Building - Ithaca Tompkins Regional Airport MOVED by Ms. Chock, seconded by Mr. McKenna. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 2 (Legislators Herrera and Mackesey). RESOLUTION ADOPTED. WHEREAS, increases in the amount of airfield pavement over the past twenty years have gradually caused the storage capacity in the current sand storage bay to become insufficient for certain operational demands, and WHEREAS, a new Sand Storage Building will provide sufficient capacity for any winter eventuality and will allow sand to be warmed for more efficient application, and WHEREAS, the Finance Department advertised and received bids as follows: Three (3) bids were received for the General Contract and Gudabri of Savanna, NY, was the lowest responsible bidder with a bid of $1,297,979, Three (3) bids were received for the Electrical Contract and Knapp Electric of Auburn, NY, was the lowest responsible bidder with a bid of $77,775, Three (3) bids were received for the Mechanical Contract and King & King Mechanical of Auburn, NY, was the lowest responsible bidder with a bid of $54,955, , and WHEREAS, the budget for this construction project is as follows: Federal Aviation Administration Share (95.0 %) $1,359,173 New York State Department of Transportation Share (2.5 %) $ 35,768 Local Share (Airline Rates & Charges) (2.5 %) $ 35,768 151 July 5, 2011 TOTAL $1,430,709 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to funding being received from the Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), the bid for the General Contract be awarded to Gudabri of Savanna, NY, as the lowest responsible bidder with a bid of $1,297,979, the bid for the Electrical Contract be awarded to Knapp Electric of Auburn, NY, as the lowest responsible bidder with a bid of $77,775, and the bid for the Mechanical Contract be awarded to King & King of Auburn, NY, as the lowest responsible bidder with a bid of $ 54,955, RESOLVED, further, That the County Administrator be and hereby is authorized to execute contracts with said contractors, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -2 *********** Resolution 2011-112: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Construct a New Sand Storage Building - Ithaca Tompkins Regional Airport (DOC ID: 2710) MOVED by Ms. Chock, seconded by Mr. McKenna. A voice vote on the resolution resulted as follows: Ayes — 14, Noes —1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the County Legislature has approved contracts with Gudabri of Savanna, New York, Knapp Electric of Auburn, New York, and with King & King of Auburn, New York, to construct a new Sand Storage Building, and WHEREAS, the County Legislature has approved a contract with C&S Companies of Syracuse, New York, to provide construction observation and contract administration services, and WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $1,542,800 to help construct said new Sand Storage Building at the Ithaca Tompkins Regional Airport, and WHEREAS, the total budget for this project will be $1,624,000 including an allowance of $4,000 for the mandated Independent Fee Estimate (IFE) for the construction observation contract, and a $4,372 allowance for airport administration fees, and the financing is as follows: FAA Share (95.0%) Account No. HT5601.44592 $1,542,800 New York State Department of Transportation (2.5%) Account No. HT5601.43592 $ 40,600 Airport Operational Budget (2.5%) Account No. HT5601.45031 $ 40,600 Total $1,624,000 , now therefore be it RESOLVED, on recommendation of Facilities and Infrastructure Committee, That the grant offer from the FAA of $1,542,800 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2011-113: Authorizing Supplemental Consultant Agreement No. 21 with C&S Companies, Inc., for Full -Time Construction Observation and Contract Administrative Services - New Sand Storage Building - Ithaca Tompkins Regional Airport (DOC ID: 2709) MOVED by Ms. Chock, seconded by Ms. Pryor. A voice vote on the resolution resulted as follows: Ayes — 12, Noes — 3 (Legislators Kiefer, Herrera, and McBean-Clairborne). RESOLUTION ADOPTED. 152 July 5, 2011 WHEREAS, contracts have been awarded to Gudabri of Savanna, New York, Knapp Electric of Auburn, New York, and King & King of Auburn, New York, for a total amount of $1,430,709 to construct a new Sand Storage Building, and WHEREAS, it is necessary to oversee such activities and provide various contract administration services, and WHEREAS, the airport's engineering consultant, C&S Companies of Syracuse has proposed providing said services for a fee of $184,919, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration (FAA) Share (95.0%) $175,673.00 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 4,623.00 Local Share (2.5%) $ 4,623.00 Total $184,919.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $184,919 be and hereby is approved, subject to FAA and NYSDOT funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $4,623 shall come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Ms. Mackesey was excused at this time. Recess Chair Robertson declared recess at 7:48 p.m. The meeting reconvened at 7:55 p.m. Government Operations Committee Resolution 2011-114: Authorization to Execute Quitclaim Deeds — Sale of Foreclosure Properties at Public Auction (DOC ID: 2740) MOVED by Mr. Lane, seconded by Ms. Pryor. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Mackesey). 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 23, 2011, now therefore be it RESOLVED, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Minutes of June 21, 2011 MOVED by Mr. Dennis, seconded by Ms. Pryor, to approve the minutes of June 21, 2011, as submitted. A voice vote resulted as follows on the minutes: Ayes — 11, Noes — 3 (Legislators Chock, Kiefer, and Herrera), Excused — 1 (Legislator Mackesey). MINUTES APPROVED. 153 July 5, 2011 Recess Chair Robertson declared recess at 8:24 p.m. The meeting reconvened at 8:28 p.m. Ms. Kiefer was excused at this time. Executive Session MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss negotiations and legal matters. An executive session was held at 8:28 p.m. and returned to open session at 9:32 p.m. Adjournment On motion the meeting adjourned at 9:32 p.m. 154 July 19, 2011 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. (Ms. Herrera was excused at 9:10 p.m.; Mr. Proto was excused at 9:11 p.m.; Mr. Shinagawa was excused at 9:25 p.m.; Ms. Mackesey was excused at 9:29 p.m., Mr. Stein and Ms. Pryor were excused at 9:45 p.m.; and Ms. Kiefer was excused at 9:55 p.m.) Privilege of the Floor by the Public Aim Cedarholm, City of Ithaca resident and member of the Office for the Aging Advisory Committee, spoke in opposition to a proposal to move the Office for the Aging to Brown Road. Eugene Lovelace, Town of Enfield resident and member of the Office for the Aging Advisory Committee, spoke in opposition to a proposal to move the Office for the Aging to Brown Road. Judy Scarpella, City of Ithaca resident, spoke in opposition to a proposal to move the Office for the Aging to Brown Road. Leroy Wollney said he is an Enfield resident, Chair of the Office for the Aging Advisory Committee, and participates in many senior activities, and serves on the Board of Gadabout. He spoke in opposition to a proposal to move the Office for the Aging to Brown Road. Tomo Shibata, City of Ithaca resident, spoke of organized stalking and read through a list of establishments she believes is innocent of organized stalking activities. Distinguished Youth Award Mr. Proto, District No. 7 Legislator, presented the July 2011 Distinguished Youth Award to Melissa Stuzbach, a junior at Ithaca, who formed the Project Generations. She identified a need and decided to form a group of students to help older adults combat loneliness and a need for help at home. Project Generations partners with the Office for the Aging to provide in-home assistance to older adults in Tompkins County. Presentation — Climate Showcase Communities Mr. Marx, Commissioner of Planning and Community Sustainability, gave a report on the federal Environmental Protection Agency's Climate Showcase Communities program, under which the County has received a $375 thousand demonstration project grant. County Administrator's Report There was discussion of the suggestion to have the retreat at a regularly scheduled Legislature meeting to accommodate all Legislators to be present. Following a lengthy discussion, 9 of 15 Legislators supported having the retreat on July 27`h. Report from the Finance Director 155 July 19, 2011 Mr. Squires presented an Official Statement to the Clerk of the Legislature and reported a link to the document will be placed on the County's website. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted the appropriate committee chair permission to withdraw from the Agenda the resolution entitled Authorizing HPRP Contract Amendments. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Approval of Resolution(s) Under the Consent Agenda MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-115: Acceptance of Grant from the Health Planning Council of Tompkins County for Falls Prevention Projects through the Weatherization Referral Assistance and Packaging Program (WRAP) and Project Care Programs of the Office for the Aging (DOC ID: 2736) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging has identified accidental falls as a significant cause of injury, emergency department visits, hospitalization, and death amongst individuals 65 and over, and WHEREAS, the Tompkins County Office for the Aging recognizes the importance of preventing these accidental falls, and WHEREAS, the Community Health Foundation on Western and Central NY has awarded a grant to the Health Planning Council of Tompkins County to organize local collaborative planning efforts on falls prevention for older adults in Tompkins County, and WHEREAS, the Health Planning Council has granted $17,779 to the Tompkins County Office for the Aging to provide in-home safety assessments through the Weatherization Referral Assistance and Packaging Program (WRAP) and to provide Falls Prevention Interventions through the Project CARE Program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $17,779, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his 2011 books: REVENUE A6787.42705 Gifts and Donations $5,216 APPROPRIATION A6787-51000517 Project Assistant $2,856 A6787-54880 Fringe Benefits $ 323 A6787-54332 Books and Subscriptions $2,037 RESOLVED, further, That the remainder, $12,563, will be included in the Office for the Aging's 2012 budget. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-116: Allocation of Room Occupancy Tax Funding (DOC ID: 2728) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 156 July 19, 2011 WHEREAS, Tompkins County has a Tourism Program using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board has reviewed two requests for additional 2011 funding for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee and the Budget, Capital, and Personnel Committee, with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and Budget, Capital and Personnel Committees, That the following budget adjustments from the Room Tax Fund Balance are made for the Tourism Program: $8,000 Tompkins County Chamber of Commerce ---- Conversion Study $6,220 Community Arts Partnership Supplement State Reduction 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 * * * * * * * * * * Approval of Appointment Under the Consent Agenda MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Public Information Advisory Board Stacey Shackford — term expires December 31, 2011 Presentation of Resolution(s) from the Budget, Capital, and Personnel Committee Resolution 2011-117: Amending Resolution No. 224 of 2010 - Changes in Positions - Planning Department (DOC ID: 2719) MOVED by Mr. Dennis, seconded by Mr. Stein. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the adopted 2011 Tompkins County Budget provided for increases or reductions in the standard work week and/or approved hours of existing incumbents, and WHEREAS, in addition to the reduction of hours for positions changed by Resolution No. 224 of 2010, the Department of Planning's 2011 budget also included a reduction in hours for the positions of Deputy Commissioner of Planning and Principal Planner, and WHEREAS, it is the intention of the Planning Department to make these changes permanent, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel Committee, That the hours of the following positions be changed as follows effective July 11, 2011: 1.0 Deputy Commissioner of Planning, position #672, Management Grade 87, decrease the standard workweek and the approved hours of the position from 40 to 37.5 hours per week (1.0 FTE) 1.0 Principal Planner, position #660, Labor Grade 15, decrease the standard workweek and the approved hours of the position from 40 to 37.5 hours per week (1.0 FTE) RESOLVED, further, That no change in the 2011 budget is needed to accomplish this change. SEQR ACTION: TYPE II -20 * * * * * * * * * * 157 July 19, 2011 Resolution 2011-118: Authorizing Tompkins County to Pay the Difference in Pay Between Military Pay and Base County Salary to County Officers and Employees While Performing Ordered Military Duty (DOC ID: 2664) MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. It was MOVED by Mr. Lane, seconded by Mr. Dennis, to call the question. A voice vote resulted as follows: Ayes — 8 (Legislators Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, and Shinagawa); Noes — 7 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McBean-Clairborne, and Stein). MOTION TO CALL THE QUESTION CARRIED. A voice vote on the resolution resulted as follows: Ayes — 12, Noes — 3 (Legislators Burbank, Chock, and Stein). RESOLUTION ADOPTED. WHEREAS, the New York State Military Law provides certain rights to public officers and employees absent on military duty as members of Reserve Forces or Reserve components of the Armed Forces of the United States, and WHEREAS, County officers and employees on authorized military leave are entitled to all the rights and privileges set forth in said Military Law, and WHEREAS, despite the rights and benefits afforded by said Military Law, calls to active duty often impose financial hardship on those summoned and their dependents, and WHEREAS, by Resolution No. 313 of 2002, Resolution No. 231 of 2004, Resolution No. 126 of 2007, and Resolution No. 18 of 2009, this Tompkins County Legislature authorized the payment of supplemental benefits to County officers and employees called to serve their country following the September 11, 2001, attacks on the United States through December 31, 2008, and more recent decisions by the Federal Executive, and WHEREAS, there may be renewed need for activation of military personnel, now therefore be it RESOLVED, on recommendation of the Government Operations, and the Budget, Capital, and Personnel Committees, That effective January 1, 2011, through December 31, 2011, the Tompkins County General Fund will pay the difference between base County salary and military pay for up to 90 work days per calendar year, when the employee is called to active military duty. If military pay is equal to or in excess of County base salary, no payment will be made, RESOLVED, further, That the Director of Finance will establish and notify Department Heads and affected employees of the procedures by which the differential shall be paid. SEQR ACTION: TYPE I1-20 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:38 p.m. The meeting reconvened at 7:47 p.m. Approval of Minutes It was MOVED by Mr. Robison, seconded by Mr. Proto, to approve the minutes of the July 5, 2011, as submitted. A voice vote resulted as follows: Ayes — 12, Noes — 3 (Legislators Chock, Herrera and Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 8:29 p.m. The meeting reconvened at 8:36 p.m. Executive Session 158 July 19, 2011 It was MOVED by Ms. Pryor, seconded by Mr. Stein, and unanimously adopted by voice vote, to hold an executive session to discuss potential litigation and a personnel matter. An executive session at 8:36 p.m. and returned to open session at 9:56 p.m. Ms. Herrera was excused at 9:10 p.m.; Mr. Proto was excused at 9:11 p.m.; Mr. Shinagawa was excused at 9:25 p.m.; Ms. Mackesey was excused at 9:29 p.m., Mr. Stein and Ms. Pryor were excused at 9:45 p.m.; and Ms. Kiefer was excused at 9:55 p.m. Adjournment On motion, the meeting adjourned at 9:56 p.m. 159 August 2, 2011 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 Mackesey arrived at 6:02 p.m.). Legislator Kiefer was excused at 8:17 p.m. and Legislator Mackesey was excused at 9:15 p.m. Privilege of the Floor by the Public Marilyn Kinner, Trumansburg Resident and Past Director of Lifelong, spoke in opposition of moving the Office for the Aging to Brown Road. Road. Nancy Bereano, Ithaca, also spoke in opposition of moving the Office for the Aging to Brown Bill Halton, Danby, spoke in support of keeping the Office for the Aging in a downtown location. Joe Wilson, Ellis Hollow Road resident, spoke in support of the proposed local law entitled Amending the County Code, in relation to road preservation by temporarily excluding certain traffic that would materially injure County roads. Marie McRae, Dryden, also spoke in support of the proposed local law entitled Amending the County Code, in relation to road preservation by temporarily excluding certain traffic that would materially injure County roads. Pastor Ronald Benson, Ithaca, submitted and read the following statement: "We the undersigned Community Leaders of Color (CLOC) are writing to express our deep disappointment at the failure of our elected representatives to pass a resolution in support of the continued independence of the Africana Studies and Research Center. We feel the need to comment on the County Legislature and Common Council's unwillingness to make the gesture of standing with citizens in the community who appreciate Africana's many contributions to the people of Ithaca and who care deeply about Africana's future. We do, however, wish to sincerely thank the vocal minority among you who voted yes and stood with the community in respect of and friendship with Africana. "It would have cost nothing for Common Council and the County Legislature to pass the resolution and to lend your leadership to a reasonable request for continued dialogue—something requiring no allocation of public funds or resources. Sixty-two percent of the property in Ithaca is tax exempt, due largely to the enormous amount of real estate Cornell owns. The university enjoys significant financial benefit from this arrangement. How risky would it have been to challenge Cornell to engage in further deliberation with all the stakeholders? "Both Cornell and Ithaca College are currently engaged in discussion about how to promote greater civic engagement and more meaningful town and gown partnerships. If Cornell wants its vision for civic engagement to be taken seriously, and to encourage Cornellians to view themselves as part of our community, opening a respectful and inclusive dialogue about Africana's structure is an obvious way to demonstrate that it welcomes the engagement of multiple perspectives. 160 August 2, 2011 "Here was an opportunity for you, our elected representatives, to advocate for a respectful, rational process that could begin healing what has been a significant affront to distinguished and revered residents of our city, and by so doing, affirm that Africana is a valued part of the greater Ithaca community In this instance, long-time Ithaca residents, faculty, grad students and more recent members of the Cornell and Ithaca communities have made extraordinary and eloquent appeals to the institution, the City and County, yet you have rejected the opportunity to speak out on our behalf. "We recognize that neither the Common Council nor the Legislature has the authority to override Cornell's decisions regarding this matter. Irrespective of whether Cornell re -opens their decision to move Africana to the College of Arts and Sciences, we see your failure to approve this resolution as another example of how institutional racism operates. In spite of all the rhetoric of our public officials, championing equity, diversity, and the value of inclusiveness processes where decisions are made with the input of those who will be most affected, we are sorry to note that the "walk" of some of your members does not match their "talk". We find it difficult to believe that they are acting in ignorance, and we see voting down this resolution as an intentional act to preserve a status quo in which making decisions that disregard or marginalize the interest of people of color is commonplace. Signed: Pastor Ronald Benson, Audrey J. Cooper, Jemila Sequeira, Laura Branca, Marcia J. Fort, Travis Brooks, Karl Graham, Kirtrina Baxter, Kirby Edmonds, Sarah Reistetter Irene Weiser, Town of Caroline, spoke in support of the proposed local law entitled Amending the County Code, in relation to road preservation by temporarily excluding certain traffic that would materially injure County roads. However she expressed concern that the threshold for truck traffic maybe too high. Kirby Edmonds, Ithaca, finished reading the statement submitted by Pastor Ronald Benson as he had exceed the time limit allotted for privilege of the floor. Jeff Furman, Ithaca, spoke in support of the statement read by Pastor Ronald Benson and the request for a forum and dialogue to be held. Ms. Mackesey arrived at this time. Presentation Mr. Ristow of the Soil and Water Conservation District and Upper Susquehanna Coalition, provided a PowerPoint presentation outlining New York State's Total Maximum Daily Load (TMDL) of nitrogen, phosphorus, and sediments into the Chesapeake Bay. Total Maximum Daily Load is regulated by the Environmental Protection Agency, who has set standards regarding TDML and has recognized that presently New York State has met its goal. Ms. Robertson referred to a letter she received from the Chemung County Executive, Tom Santulli, regarding the Chesapeake Bay Restoration initiative, Environmental Protection Agency (EPA) Pending TMDL, and Allocation for New York State and Associated Upgrading at Wastewater Treatment Plants. She requested the Planning, Development, and Environmental Quality Committee to review this information in more detail through the Environmental Management Council and Agricultural and Farmland Protection Board. Approval of Resolution(s) Under the Consent Agenda MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: 161 August 2, 2011 Resolution 2011-119: Adopting a Whistleblower Policy that Implements New York State Labor Law §740 and Civil Service Law §75-B and that Supports the County's Compliance Program and Code of Ethics (DOC ID: 2743) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, any officer or employee of the County who becomes aware of improper or illegal governmental action by an officer or employee of the County has a duty to report such conduct, and WHEREAS, the Tompkins County Legislature requires the reporting of illegal activities and will protect officers and employees from retaliation who, in good faith, have reported a concern about improper governmental action, and WHEREAS, a formal Whistleblower Policy establishes County government compliance with applicable federal and state laws, and emphasizes County government commitment to maintaining integrity and transparency in its business operations, now therefore be it RESOLVED, on recommendation of the government Operations Committee, That Administrative Policy 01-45: Whistleblower Policy is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-120: Authorization to Accept an Award of a Grant from the New York State Division of Criminal Justice Services - Probation and Community Justice Department (DOC ID: 2733) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Probation Director and the District Attorney have been notified of a grant award in the amount of $21,097 from the New York State (NYS) Division of Criminal Justice Services to help defray the costs of implementing Leandra's Law and the monitoring of ignition interlock devices, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the grant in the amount of $21,097 from the NYS Division of Criminal Justice Services to help defray the costs of implementing Leandra's Law and the monitoring of Ignition Interlock Devices 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 2011: Revenue A3142.43389 Other Public Safety Aid A4250. 43389 Appropriation A3142.54400 A4250.54400 SEQR ACTION: TYPE II -20 Other Public Safety Aid Program Expense Program Expense ********** Presentation of Resolution(s) from the Facilities and Infrastructure Committee $10,500 $10,597 $10,500 $10,597 Resolution 2011-121: Authorizing a Public Hearing on Proposed Local Law No. 1 of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads (DOC ID: 2720) MOVED by Ms. Chock, seconded by Mr. Lane. 162 Recess August 2, 2011 Ms. Robertson declared recess at 7:33 p.m. The meeting reconvened at 7:38 p.m. Discussion continued and Ms. Robertson requested Ms. Chock's explanation on the purpose of the local law and approach that took place over the last several months be recorded in the minutes. Ms. Chock said since this law was first introduced in February 2011, a lot of research and information gathering has been done including looking at the legal approach and highway information for setting the thresholds. This was a very public process, a series of public meetings were held, and a lot of press was provided on this issue. Both the Facilities and Infrastructure and the Government Operations Committees have reviewed this law in response to the several questions raised with opportunities provided for public comment. There was further input from stakeholders including residents, businesses, institutions, and municipalities. The purpose of the law is to recognize that large projects put an extraordinary burden on roads that are designed specifically according to road engineering standards that make assumptions about the number of trucks, cars, and other vehicles at all levels of weight and how many years the roads will last with a certain amount of public investment to meet the expected level of traffic. The County has a tax burden that is designed to handle ordinary use and decisions have been made on how much to spend. The purpose of the law is to say there is the potential of extraordinary use of those roads above and beyond what the County is able to afford as a community. Regardless of who is responsible for the extra burden, the County wants to know the prior condition of the road, what extra use is going to be put on it, and request a bond to help pay for the undo wear and tear. Ms. Chock highlighted the notable differences between the two draft laws. She said the County is coordinating with the towns to provide an opportunity for joining forces in retaining or recommending engineering firms who will handle some of the engineering work but will still allow each municipality local control about how they will implement portions for their roads and oversight. Options reviewed included thresholds as low as 300 trucks related to traffic up to and including 4,000 trucks related to a project at weights that go from 10,000 pounds per truck to 30,000 pounds per truck. The proposed law calls for a threshold for any projects (single family home, institution, etc.) generating more than 1,000 truck trips. A truck trip is a trip to or from the project site involving a truck that weighs 30 or more tons. It is a permit process that will require the Highway staff to be involved. work. She thanked all the staff that have worked on this law over the last several months for all the hard A voice vote resulted as follows: Ayes —15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County desires to maintain the safety and general welfare of County residents by regulating uses of County roads by heavy vehicles that have the potential to adversely affect such roads, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Government Operations Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on August 16, 2011, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2011 - Amending the County Code, in relation to road preservation by temporarily excluding certain traffic that would materially injure County roads. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE I1-20 * * * * * * * * * * 163 August 2, 2011 Presentation of Resolution(s) from the Government Operations Committee Resolution 2011-122: Adopting the County Compliance Program for Tompkins County Government (DOC ID: 2778) MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the policy of Tompkins County Government has been always to conduct its business in compliance with applicable federal, state, and local laws and regulations, and to adhere to the highest ethical standards, and WHEREAS, the federal and state agencies responsible for enforcement of Medicare and Medicaid laws and regulations applicable to healthcare providers recently have encouraged the development and implementation of formal corporate compliance programs, and WHEREAS, the County Legislature believes that establishing a formal compliance program, applied on a countywide basis, is consistent with the organization's efforts to improve quality and performance, and further reflects the organization's long-standing commitment to conduct its business transparently and in compliance with applicable and constitutional laws, and WHEREAS, in February of this year by Resolution No. 2011-11, the Legislature approved the steps necessary for the development of a formal compliance program for Tompkins County government, desiring a program that integrates legal and internal compliance efforts throughout county government to mitigate risk, assure quality, and improve internal controls and monitoring systems, as needed, and WHEREAS, the Department of County Administration has sufficiently satisfied the charge by the Legislature to design and develop a county compliance program, now therefore be it RESOLVED, on recommendation of the Government Operations Committee That the newly developed County Compliance Program is hereby adopted, RESOLVED, further, That the County Administrator have responsible oversight of the Program, and that he designate the current Deputy County Administrator, Paula E.F. Younger, as the County's Corporate Compliance Officer to direct all aspects of the Program, ensuring ongoing effective implementation. SEQR ACTION: TYPE II -20 ********** Ms. Kiefer was excused at this time. Report from the Government Operations Committee Mr. Lane, Chair, reported on discussions held during a meeting with some members of the Tompkins County Legislators and the Cortland County Legislature. One topic discussed was the local law to itemize State mandates on tax bills; Ms. Robertson requested the Committee look into that further. Presentation of Resolution(s) from the Budget, Capital, and Personnel Committee Resolution 2011-123: Budget Adjustment and Appropriation of Unspent Funds Under Government Operations Committee from 2010 to Various Accounts (DOC ID: 2782) MOVED by Mr. Dennis, seconded by Mr. Robison. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused —1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2010 resulting in a surplus of $988,182 on the County's books as of December 31, 2010, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by 164 August 2, 2011 departments under the Government Operations Committee in the amount of $142,534 in the current year budget, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $142,534 TO: Department Use of Funds Account Requested Rollover Board of Elections • We are anticipating primaries in City and three other municipalities. Primaries are not included in our base budget. County Administration 1450.54400 $1,967 • 2 Desktop Computers, 3 monitor replacements 1230.52210 $1,883 • Microsoft Office upgrade for entire office (8 machines) 1230.52230 $2,545 • Groupwise Blackberry Software and Iphone Applications 1230. 54425 $200 County Attorney • Computer Equipment 1420.52206 $1,200 • Computer Software (Microsoft Office 2011) 1420.52230 $200 County Clerk • Scanning paper records at records center (Challenge Industries is vendor) 1410.54442 $114,358 • Purchase of additional 7 Terabytes of Storage Area Network capacity 1410.52206 $10,450 • Professional services contract with existing network support vendor to assist with implementation of technical solution for project 1410.54442 $6,450 Information Technology Services • Travel & Training 1685.54412 $3,281 SEQR ACTION: TYPE II -20 * * * * * * * * * * Presentation of Resolution(s) from the Public Safety Committee Resolution 2011-124: Authorization to Accept New York State Byrne JAG Equipment Grant - Jail Video -Conferencing Equipment - Sheriff's Office (DOC ID: 2767) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, the Sheriffs Office has received funding through the New York State Byrne JAG 165 August 2, 2011 Equipment Grant Program, and these funds may be applied towards the purchase of jail video- conferencing equipment, and WHEREAS, a $24,243 grant received through the New York State Byrne JAG Equipment Grant, will be used to reimburse cost of said equipment, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts this grant, RESOLVED, further, That the following accounts be adjusted accordingly to the 2011 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $24,243 Appropriation: 3113.54319 (Program Expense) $24,243 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-125: Authorization to Accept Department of Homeland Security Grant - Sheriff s Office (DOC ID: 2766) MOVED by Mr. Stein, seconded by Mr. Robison, and unanimously adopted by voice vote by members present. WHEREAS, the Sheriffs Office has received funding through Homeland Security, and these funds may be applied towards the purchase of replacement mobile computers and equipment, and WHEREAS, a $59,448 grant received through Homeland Security will be used to reimburse cost of said equipment, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts this grant, RESOLVED, further, That the following accounts be adjusted accordingly to the 2011 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $59,448 Appropriation: 3113.54319 (Program Expense) $59,448 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-126: Authorization to Accept New York State Byrne JAG Equipment Grant, Sheriff's Office - Digital Surveillance Equipment (DOC ID: 2765) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne. It was MOVED by Mr. Lane, seconded by Ms. Herrera, 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 on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Chock), Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Sheriffs Office has received funding through the New York State Byrne JAG Equipment Grant Program, and these funds may be applied towards the purchase of a digital surveillance equipment package referred to as the Groundhog Digital MiniCam System, and WHEREAS, a $13,100 grant received through the New York State Byrne JAG Equipment Grant will be used to reimburse cost of said equipment, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts this grant, RESOLVED, further, That the following accounts be adjusted accordingly to the 2011 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $13,100 Appropriation: 3113.54319 (Program Expense) $13,100 SEQR ACTION: TYPE II -20 * * * * * * * * * * 166 August 2, 2011 Approval of Minutes MOVED by Ms. Pryor, seconded by Mr. Stein, to approve the minutes of the July 19, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Chock and Herrera), Excused — 1 (Legislator Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 9:09 p.m. The meeting reconvened at 9:15 p.m. Ms. Mackesey was excused at this time. Executive Session MOVED by Mr. Robison, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to hold an executive session at 9:15 p.m. to discuss personnel matters. The meeting returned to open session at 9:40 p.m. Adjournment The meeting adjourned at 9:40 p.m. 167 August 16, 2011 Regular Meeting Public Hearing — Local Law No. a of 2011 - Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads Ms. Robertson called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. a of 2011 - Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Bill Podulka, Town of Caroline resident, spoke in support of the proposed law. Dennis Mix of Mix Brothers spoke in support of the proposed law and made suggestions for revisions. Kathryn Halton, Danby Town Board, spoke in support of the proposed law. Donald Barber, Town of Caroline Supervisor and Co -Chair of the Tompkins County Council of Governments, spoke in support of the proposed law and made suggestions for revisions. Marie McRae, Dryden resident, spoke in support of the proposed local law. Bruno Schickel, Dryden resident, spoke in favor of the intent of the proposed law but expressed concerns. Henry Kramer, Town of Dryden, expressed concerns with the proposed law. Catherine Wagner, Town of Dryden resident, spoke in favor of the intent of the proposed law. No one else wished to speak and the public hearing was closed at 6:00 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Privilege of the Floor by the Public Jean Locey, Ellis Hollow Road, spoke in support of the Resolution on the agenda entitled Amendment of Resolution No. 107 of 2010 — Budget Adjustment from Highway Fund Balance — Authorization to Fund Anticipated Changes in Work — CR 110, Ellis Hollow Road Reconstruction, Town of Dryden. Junelle King, Hartwick Road, spoke in support of the Resolution on the agenda entitled Amendment of Resolution No. 107 of 2010 — Budget Adjustment from Highway Fund Balance — Authorization to Fund Anticipated Changes in Work — CR 110, Ellis Hollow Road Reconstruction, Town of Dryden. Maxine Nicholls, Dryden resident and member of the Office for the Aging Advisory Committee, urged the Legislature to relocate the Office for the Aging to the former Carpet Bazaar Building. 168 Road. Road. August 16, 2011 Satomi Hill, City of Ithaca, spoke in opposition to moving the Office for the Aging to Brown Natasha Tall, City of Ithaca, spoke in opposition to moving the Office for the Aging to Brown Eleanor May, former Chair of the Office for the Aging Advisory Committee, spoke in opposition to moving the Office for the Aging to Brown Road. Pat Long, Town of Ithaca, spoke in opposition to moving the Office for the Aging to Brown Road. Eugene Lovelace, Town of Enfield resident and member of the Office for the Aging Advisory Committee, spoke in opposition to moving the Office for the Aging to Brown Road. Marie McRae, Dryden resident, spoke in support of the Resolution on the agenda entitled Amendment of Resolution No. 107 of 2010 — Budget Adjustment from Highway Fund Balance — Authorization to Fund Anticipated Changes in Work — CR 110, Ellis Hollow Road Reconstruction, Town of Dryden. Brian Eden, Village of Cayuga Heights resident and member of the Environmental Management Council, expressed concern over the resolution on the agenda entitled Authorizing the Municipal Electric and Gas Alliance (MEGA) to Bid for Gas and Electricity on Behalf of the County and Authorizing the Inclusion of All Political Subdivisions and Districts Within the State to Participate. Ms. Herrera, District No. 5 Legislator, read a statement on behalf of Julia Bentley Macdonald of Newfield urging the Legislature to relocate the Office for the Aging to the former Carpet Bazaar Building. Chair's Appointment Ms. Robertson made the following appointment: Workforce Investment Board Jean McPheeters — Economic Development Organization representative; term expires June 30, 2014. Addition and Withdrawal of Resolution(s) from the Agenda There were no resolutions added to or withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-127: Approval of Amended Bylaws of the Tompkins County Office for the Aging Advisory Committee (DOC ID: 2632) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging Advisory Committee has updated and revised its bylaws to reflect current procedures, now therefore be it 169 August 16, 2011 RESOLVED, on recommendation of the Health and Human Services Committee, That the bylaws of the Tompkins County Office for the Aging Advisory Committee be and hereby are approved, RESOLVED, further, That a copy of the revised bylaws shall be kept on file with the Clerk of the Legislature SEQR ACTION: TYPE II -20 ********** Resolution 2011-128: Authorizing Supplemental Consultant Agreement No. 1 with C&S Companies, Inc., for Design and Administrative Services in Connection with the Terminal Ramp Rehabilitation - Ithaca Tompkins Regional Airport (DOC ID: 2790) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Terminal's Aircraft Parking Ramp was built in 1994 and has been used continuously for seventeen years, and WHEREAS, said ramp is beginning to show signs of structural failure and the Federal Aviation Administration (FAA) safety inspector noted its deterioration in her annual report in March 2011, and WHEREAS, it is deemed desirable to rehabilitate said ramp at the earliest opportunity, and WHEREAS, the airport's engineering consultant, C&S Companies, Inc., of Syracuse, New York, has proposed providing design and administrative services to rehabilitate the terminal ramp, and WHEREAS, the budget for the design contract is as follows: FAA (95%) $220,750.00 New York State Department of Transportation (NYSDOT) (2.5%) $ 5,810.00 Local (2.5% - Airport Operational Budget) $ 5,810.00 $232,370.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplementary Agreement No. 1 to the 5 -year contract for General Airport Consulting Services with C&S Companies for $232,370 be and hereby is approved, subject to an Independent Fee Estimate (IFE) being conducted, and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -2 ********** Resolution 2011-129: Authorizing Supplemental Consultant Agreement No. 2 with C&S Companies, Inc. for Design and Administrative Services in Connection with ARFF (CFR) Building Expansion to Accommodate an Operations Office - Ithaca Tompkins Regional Airport (DOC ID: 2791) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, there is a need for the Airport operations staff to have a clear view of the runway and taxiway system to react more quickly to adverse weather conditions and possible emergency situations, and WHEREAS, the current operations office space is located at the rear of the maintenance section of the ARFF (CFR) building and has no windows or access door to the airfield, and WHEREAS, an extension of the ARFF (CFR) building on the airfield side would provide a good view of the airfield and would be located immediately adjacent to the emergency response vehicles, and WHEREAS, the Airport's engineering consultant, C&S Companies, Inc., of Syracuse, New York, has proposed providing design and administrative services for the ARFF (CFR) building expansion, and 170 August 16, 2011 WHEREAS, the building design elements of the contract will be completed by HOLT Architects of Ithaca in conjunction with C&S Companies, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Consultant Agreement No. 2 to the 5 -year contract for General Airport Consulting Services with C&S Companies, Inc., for Design and Administration Services in the amount of $34,215 be approved, RESOLVED, further, That the budget for said design and administration services is as follows: Federal Aviation Administration (FAA) Share (95%) $32,503 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 856 Local Share (2.5% - Airport Operations Budget) $ 856 Total $34,215 RESOLVED, further, That the County Administrator is authorized to sign the supplemental consultant agreement with C&S Companies and the Finance Director is authorized to advance payments for this work until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE 1I-2 * * * * * * * * * * Resolution 2011-130: Authorization to Execute Supplemental Agreement with Fisher Associates for Design and Right -Of -Way Services — Hanshaw Road Reconstruction Project, PIN 3753.25 (DOC ID: 2789) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Resolution No. 209 of 2004 authorized a contract with Fisher Associates, P.E., L.S., P.C., (Fisher), of 135 Calkins Road, Rochester, New York, for design services in connection with the reconstruction of County Road 109, Hanshaw Road, the proposed public project, and WHEREAS, Resolution No. 101 of 2010 accepted the Determination and Findings related to the proposed public project, which contains reference to the County's decision to compensate all adjoining landowners for land use beyond the County's current highway -related use, which required alteration of affected right-of-way and design work, and WHEREAS, the original contract assumed that New York State Department of Transportation (NYSDOT) would perform required appraisal reviews, but NYSDOT has noted they do not have the manpower to conduct these reviews, and WHEREAS, the Town of Ithaca has requested that the proposed project walkway be extended from Salem Drive to Sapsucker Woods Road as part of the Hanshaw Road Reconstruction Project and has agreed to fund the local share of work required to construct that extension, and WHEREAS, additional needs have been identified including supplemental survey, landscape plan updates, attendance at a public meeting and public hearing among other things, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Fisher Associates, P.E., L.S., P.C., of 135 Calkins Road, Rochester, New York, for design and right-of- way services in connection with the referenced project for an amount not to exceed $353,000, funds to be provided from account HZ5103.59239.53.10 (Hanshaw Road Capital Account), RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned contract amount, funds to be provided from capital account HZ5103. 59239.53.10 (Hanshaw Road Capital Account). SEQR ACTION: Unlisted, Negative Declaration issued * * * * * * * * * * 171 August 16, 2011 Resolution 2011-131: Authorization to Execute a Supplemental Agreement with Barton and Loguidice, P.C., for Construction Inspection and Support Services — Newfield Depot Road Bridge Replacement Project (BIN 3314380) - PIN 3753.21 (DOC ID: 2788) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Resolution No. 7 of 2005 authorized an agreement between Tompkins County and the New York State Department of Transportation (NYSDOT) to fund design for rehabilitation of the bridge carrying County Road 130, Newfield Depot Road, over Cayuga Inlet (BIN 3314380) in the Town of Newfield, (the Project), with an average vehicle usage of 2,513 vehicles per day in 2008, and WHEREAS, Barton and Loguidice, P.C., of 290 Elwood Davis Road, Syracuse, New York, satisfactorily provided engineering design services and is qualified to provide construction engineering support and construction inspection services for the Newfield Depot Road Bridge Replacement Project, and WHEREAS, Barton and Loguidice, P.C., is one of fifteen engineering consultants that NYSDOT has fully qualified and authorized for such work in Tompkins County's region, and WHEREAS, County Highway Division staff has recommended Barton and Loguidice, P.C, as best qualified to provide construction inspection services for the project, and WHEREAS, the Ithaca Tompkins County Transportation Council is empowered to adjust the Transportation Improvement Program, thereby increasing the project budget and making additional expenditures eligible for 80% Federal reimbursement, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Barton and Loguidice, P.C., of 290 Elwood Davis Road, Syracuse, New York, for construction inspection and support services in connection with the referenced project for an amount not to exceed $101,000, for a total contract amount not to exceed $257,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned total contract amount, funds to be provided from capital account HZ5103.53.09 (Newfield Depot Bridge Capital Project Account) and operating account D5111.54411 (Bridge Contracts). SEQR ACTION: TYPE II- 2 * * * * * * * * * * Resolution 2011-132: Budget Adjustment - Highway Division (DOC ID: 2811) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, 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 Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Highway Revenue Acct Title Amt Approp Acct Title(s) 5130.42665 Highway Machinery Sale of Equipment $66,548 5130.52220 Highway Equipment Explanation: Transfer monies in anticipation of the purchase of a lift for cutting trees and limbs. SEQR ACTION: TYPE II -20 * * * * * * * * * * 172 August 16, 2011 Resolution 2011-133: Authorizing 2011 Federal Transit Administration Section 5307 Grants for Job Access and New Freedom Programs (DOC ID: 2780) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code (formerly Section 9, Federal Transit Act of 1964), and WHEREAS, the County of Tompkins is the designated recipient by the Governor of New York State for certain Federal Transit Administration (FTA) funding programs, and WHEREAS, the FTA fund sources for 2011 JARC and New Freedom Section 5307 Grants are as follows: 2009 Sec 5316 JARC $ 78,947 2009 Sec 5317 New Freedom $ 26,210 2010 Sec 5317 New Freedom $ 25,724 Total Federal Funds $130,881 and WHEREAS, the Ithaca -Tompkins County Transportation Council (ITCTC) solicited proposals for projects as part of its Coordinated Transportation Plan Process and the following projects were approved by the ITCTC Policy Committee and added to the 2011-2015 Transportation Improvement Program, as amended on June 21, 2011, and WHEREAS, the County desires to submit a request for a grant of funds to the FTA in the amount of $130,881 to be used for JARC and New Freedom operating assistance to receive and use said funds as follows: Project Descriptions Federal JARC Federal New Freedom Sponsor TOTAL County Project Administration $ 7,895 n/a $7,895 Catholic Charities: Critical Needs Car Repair Loans $20,000 n/a $20,000 $40,000 GADABOUT: Service to Challenge Industries $9,000 n/a $9,000 $18,000 Ithaca Carshare Easy Access Low -Income memberships $20,052 n/a $20,052 $40,104 DSS: Working Families Gas Cards $6,500 n/a $6,500 $13,000 Women's Opportunity Center: Getting to Work Gas Cards $1,000 n/a $1,000 $2,000 DSS: Homelessness Prevention Support - Gas Cards $8,000 n/a $8,000 $16,000 TCAT: Vanpools Support $6,500 n/a $6,500 $13,000 FISH Volunteer Transportation - medical trips n/a $9,711 $9,711 $19,422 GADABOUT Extend ADA paratransit service for employment, medical, and other trips n/a $42,223 $42,223 $84,446 Total $78,947 $51,934 $71,052 $253,867 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file applications on behalf of the County of Tompkins with the United States Department of Transportation for the 2011 JARC and New Freedom Section 5307 Grants, totaling $253,867, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 173 August 16, 2011 2. Any and all agreements between Tompkins County and all subrecipients necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-134: Authorizing Bid Award for MV -1 Wheelchair -Accessible Taxi from MV Sales & Leasing Inc. - New Freedom Grant NY -90-X608 (DOC ID: 2779) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins County received a Federal Transportation Administration (FTA) New Freedom grant (NY -90-X608) with funding to purchase a wheelchair accessible taxi to be leased to Ithaca Dispatch, Inc., and put into service, and WHEREAS, Ithaca Dispatch, Inc., agreed to pay the twenty percent (20%) local match of FTA funds and accepted the terms and conditions for FTA -funded project, and WHEREAS, Tompkins County Purchasing advertised an invitation for bids on June 13, 2011, and accepted bids up to August 1, 2011, for one (1) wheelchair accessible taxi vehicle, with the option to purchase up to eight (8) additional vehicles within one year of delivery of the first vehicle, and WHEREAS, one bid was received from MV Sales and Leasing, Inc., as follows: Company Bid Price MV Sales & Leasing, Inc. of Fairfield, CA $45,984 WHEREAS, County staff reviewed the bid for the MV -1 wheelchair accessible taxi vehicle and found the bid from MV Sales and Leasing, Inc., of Fairfield, CA, to offer the lowest price and a responsive and responsible bid, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute a purchase agreement accepting the bid of $45,984 from MV Sales & Leasing, Inc., of Fairfield, CA, RESOLVED, further, That the Finance Director is authorized to pay for the wheelchair accessible taxi with eighty percent (80%) reimbursement from FTA grant NY -90-X608 ($36,787.20) and 20% ($9,196.80) from Ithaca Dispatch, Inc., RESOLVED, further, That the County Contracts Coordinator is authorized to execute a lease agreement with Ithaca Dispatch, Inc., to operate the vehicle in taxi service in Tompkins County. The lease amount is the 20% local share of $9,196.80. The Federal and Ithaca Dispatch equity stakes (80%/20%) in the vehicle will be depreciated based on the service life of four years or 100,000 miles, after which, the County shall dispose of the vehicle when it is retired from service. SEQR ACTION: TYPE 1I-20 * * * * * * * * * * Resolution 2011-135: Authorizing New York State Department of Transportation Master Mass Transportation Capital Project Supplemental Agreement #3 for 2011 - TCAT and Tompkins County (DOC ID: 2771) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the New York State Department of Transportation and Tompkins County executed a contract (No. TCA2MS, K006701) (County Resolution No. 228, 12/19/2006) to authorize payments to the County for the State Mass Transportation Capital Program aid for the period October 1, 2006, to September 30, 2016, and WHEREAS, the State Mass Transportation Capital Program includes two programs - the State Dedicated Fund Program (SDF), which provides up to 100% of project funding, and the Federal Transit 174 August 16, 2011 Program Aid which provides a 10% match for projects eligible for Federal Transit Administration (FTA) funding, and WHEREAS, the New York State Department of Transportation awarded $677,233 in matching Federal Transit Program fund for four FTA Section 5307 grants (NY -90-X642, NY -90-X618-01, NY - 90 -X565, and NY -95-X017, to reimburse the capital expenses by Tompkins Consolidated Area Transit, Inc., and the County, as follows: PIN County Projects Amount 3820.99.001 Project Administration $ 6,000 3822.78.001 Mobility Management 4,300 3822.34.001 Buy (10) Replacement <30 -ft 5 yr Buses - County 60,000 County Projects TOTAL $ 70,300 PIN Tompkins Consolidated Area Transit (TCAT) Projects Amount 3820.53.001 Acquire Passenger Signs $1,000 3820.80.001 Computer Hardware, Software & Office Equipment 2,000 3820.96.001 Acquire (6) Passenger Shelters 3,500 3821.24.001 Acquire (2) Support Vehicles 1,600 3821.24.001 Acquire (2) Support Vehicles 3,200 3821.25.001 Communication & Office Equipment 4,200 3821.52.001 TCAT Facility Rehabilitation 4,790 3821.78.001 2009 Preventative Maintenance 137,738 3821.78.001 2010 Preventative Maintenance 178,105 3821.78.001 2009 (STP) Preventative Maintenance 21,800 3821.79.001 Acquire Shop Equipment 1,000 3821.84.001 Acquire Security Equipment 1,000 3822.34.001 Acquire (7) Mobile Surveillance/Security Equip 6,993 3822.34.001 Buy (7) Replacement 40 -ft 12 yr Buses 238,007 3824.01.001 Short Term Planning 2,000 TCAT Projects TOTAL $606,933 now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes said Mass Transportation Capital Project Supplemental Agreement #3, for $677,233, be executed by the County with New York State Depaitiuent of Transportation. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-136: Authorizing an Aquifer Study Agreement for Additional Work on Aquifers in the Town of Danby (DOC ID: 2770) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Tompkins County Legislature, in 2003, approved a 20 -year capital funding program to complete detailed aquifer studies throughout the County, and WHEREAS, Resolution No. 98 of 2004 authorized the County to negotiate multi-year aquifer study agreements; established that the County's contribution to such aquifer studies will not exceed thirty-five percent of the total project cost; and established that such agreements will not exceed five years in duration, and WHEREAS, the Town of Danby wishes to establish aquifer and stream corridor protection overlay zones and water protection areas within the Town, which would require the preparation of additional maps detailing aquifer information, and WHEREAS, Tompkins County, the Town of Danby, and the United States Geological Survey 175 August 16, 2011 (USGS) have funded and completed a detailed aquifer study in the Town of Danby under the auspices of the County's aquifer study program, and WHEREAS, the Town of Danby and the United States Geological Survey (USGS) are prepared to undertake and fund an expanded scope of work to prepare the additional aquifer maps desired by the Town, and WHEREAS, such expanded scope of work requires a new contract to be executed, and WHEREAS, the cost of said expanded scope of work will be $19,500, to be shared among the three entities as shown: Tompkins County $6,825 35% Town of Danby $6,825 35% USGS $5,850 30% , and WHEREAS, there are sufficient funds in the 20 -year capital fund for aquifer studies to provide the County's share for the expanded work, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is authorized to enter into a contract with USGS for the expanded scope of work on aquifers in the Town of Danby, RESOLVED, further, That the County Administrator is authorized to execute said contract in accordance with the requirements established in Resolution No. 98 of 2004. SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2011-137: Designation of Tourism Promotion Agency for State - 2011-12 (DOC ID: 2745) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Strategic Tourism Planning Board is authorized to recommend the appropriate agency for official Tourism Promotion Agency (TPA) designation as part of its review function for tourism matters, and WHEREAS, the Strategic Tourism Planning Board has reviewed the matter with appropriate agency representatives, and WHEREAS, to obtain certain New York State funding, counties must designate a TPA, and WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2011-2012 be awarded to the Ithaca/Tompkins County Convention and Visitor's Bureau (I/TCCVB), RESOLVED, further, That the Director of the I/TCCVB report to the Planning, Development, and Environmental Quality Committee if change occurs in state tourism funding requirements. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-138: Authorizing 2011 Federal Transit Administration Section 5307 Grant Application for TCAT and Tompkins County (DOC ID: 2772) MOVED by Mr. Stein, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code, and WHEREAS, the County of Tompkins is the Designated Recipient by the Governor of New York 176 August 16, 2011 State for the Federal Transit Administration (FTA) Section 5307 Urban Formula program, with responsibilities to propose FTA -funded projects to the Ithaca -Tompkins Transportation Council (I-TCTC) (after coordinating with public transportation providers) and to select projects from the I-TCTC Transportation Improvement Program for inclusion in FTA grants, and WHEREAS, the FTA fund sources for the 2011 Section 5307 Grant are as follows: 2011 Sec 5307 Urban Formula Allocation $1,399,677 NYSDOT Transfer from Sec 5311 $ 215,800 Total Federal Transit Funds $1,615,477 and WHEREAS, the County and Tompkins Consolidated Area Transit (TCAT) agreed to the projects selected for inclusion in the 2011 grant from the I-TCTC's 2007-2012 Transportation Improvement Program, as amended on April 19, 2011, and WHEREAS, the County will receive and use said FTA funds as follows: , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file applications on behalf of the County of Tompkins with the Federal Transit Administration for the 2011 Section 5307 Grant, RESOLVED, further, That the grant budget total is $12,267,297 including Federal, New York State, TCAT, and County sources, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and the State of New York for the Project. 3. Any and all agreements between Tompkins County and TCAT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-139: Amendment of Resolution No. 107 of 2010 - Budget Adjustment from Highway Fund Balance - Authorization to Fund Anticipated Changes in Work - CR 110, Ellis Hollow Road Reconstruction, Town of Dryden (DOC ID: 2798) It was Moved by Ms. Chock, seconded by Ms. Kiefer. 177 Federal State TCAT County Total Preventative Maintenance $ 664,296 $ 83,037 $ 83,037 $ - $ 830,370 Associated Capital Maintenance $ 60,322 $ 7,540 $ 7,540 $ - $ 75,403 Passenger Information System $ 24,000 $ 3,000 $ 3,000 $ - $ 30,000 Passenger Shelters $ 8,000 $ 1,000 $ 1,000 $ - $ 10,000 Mobility Management $ 34,000 $ 4,250 $ - $ 4,250 $ 42,500 Project Administration $ 48,000 $ 6,000 $ - $ 6,000 $ 60,000 Computer Hardware & Software and Office Equipment $ 16,000 $ 2,000 $ 2,000 $ - $ 20,000 ITS Technology $ 40,000 $ 5,000 $ 5,000 $ - $ 50,000 Security Equipment $ 16,000 $ 2,000 $ 2,000 $ - $ 20,000 Shop Equipment $ 8,000 $ 1,000 $ 1,000 $ - $ 10,000 Short Term Transit Planning $ 26,058 $ 3,257 $ 3,257 $ - $ 32,573 Support Vehicles $ 20,800 $ 2,600 $ 2,600 $ - $ 26,000 Capital and Planning Subtotal $ 965,477 $ 120,685 $ 110,435 $ 10,250 $ 1,266,846 Operating Assistance $ 650,000 $ 3,855,429 $ 6,555,022 $ - $ 11,060,451 Total $ 1,615,477 $ 3,976,114 $ 6,665,457 $ 10,250 $ 12,267,297 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file applications on behalf of the County of Tompkins with the Federal Transit Administration for the 2011 Section 5307 Grant, RESOLVED, further, That the grant budget total is $12,267,297 including Federal, New York State, TCAT, and County sources, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and the State of New York for the Project. 3. Any and all agreements between Tompkins County and TCAT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-139: Amendment of Resolution No. 107 of 2010 - Budget Adjustment from Highway Fund Balance - Authorization to Fund Anticipated Changes in Work - CR 110, Ellis Hollow Road Reconstruction, Town of Dryden (DOC ID: 2798) It was Moved by Ms. Chock, seconded by Ms. Kiefer. 177 August 16, 2011 Following a lengthy discussion, it was MOVED by Mr. Dennis, seconded by Ms. Herrera, to Call the Question. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). The QUESTION WAS CALLED. A roll call vote resulted as follows: Ayes — 7 (Legislators Burbank, Chock, Kiefer, Mackesey, Robertson, Shinagawa, and Stein); Noes - 8 (Legislators Dennis, Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, and Robison). RESOLUTION FAILED. WHEREAS, Resolution No. 107 of 2010 awarded a contract to Suit-Kote Corporation of Cortland, New York, in the amount of $1,606,214.88, for CR 110, Ellis Hollow Road Reconstruction - Phase 1, including an add alternate for installing colored shoulders, and WHEREAS, said resolution also authorized the Highway Division to execute change orders to the contract up to 10% of the value of the contract ($160,621.48), 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), and WHEREAS, the estimated value of changed project work is now identifiable and is expected to exceed the previously authorized change order allowance by approximately $76,163.64, and WHEREAS, funds are not available in the Ellis Hollow Road Capital Account or Road Maintenance Program Capital Account to cover this overage, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That Resolution No. 107 of 2010 be amended and that the Highway Division is hereby authorized to execute change orders to said contract with Suit-Kote Corporation for up to 14.75% over the original contract value, or a total contract price not to exceed $1,843,000.00, RESOLVED further, That the following transaction be approved: BUDGET APPROPRIATION: FROM: Highway Fund Balance $93,000 TO: Department Use of Funds Account Requested Highway Ellis Hollow Road Phase 1 Reconstruction SEQR ACTION: TYPE II - 2 Recess HZ 5325.59239.53.25 $93,000 * * * * * * * * * * Ms. Robertson declared recess at 8:14 p.m. The meeting reconvened at 8:21 p.m. Presentation of Resolution(s) from the Facilities and Infrastructure Committee Resolution 2011-140: Adoption of Local Law No. a of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads (DOC ID: 2309) It was MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne. It was MOVED by Mr. Lane, seconded by Ms. Mackesey, to postpone the resolution until the next meeting. It was MOVED by Mr. Stein, seconded by Mr. Burbank, to call the question. A voice vote on the motion resulted as follows: Ayes — 12, Noes — 3 (Legislators Chock, Kiefer, and McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote on the motion to postpone resulted as follows: Ayes — 11, Noes — 4 (Legislators Chock, Herrera, Kiefer, and McBean-Clairborne). MOTION TO POSTPONE CARRIED. 178 August 16, 2011 WHEREAS, the County desires to maintain the safety and general welfare of County residents by regulating uses of County roads by heavy vehicles that have the potential to adversely affect such roads, now therefore be it WHEREAS, a public hearing was held before the Tompkins County Legislature on August 16, 2011, to hear all person interested in proposed Local Law No. a of 2011, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Government Operations Committees, That Local Law No. a of 2011 - Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that would Materially Injure County Roads is hereby adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Presentation of Resolution(s) from the Capital Plan Review Committee Resolution 2011-141: Recommending the Temporary Relocation of the County Office for the Aging to the Human Services Annex (DOC ID: 2803) It was MOVED by Ms. Kiefer, seconded by Mr. Lane, to approve the following resolution: "COFA TO OLD LIBRARY (TEMPORARILY) Recommending the Temporary Relocation of the County Office for the Aging to the Old Library and the Permanent Move of the Community Justice Center to the Human Services Annex "WHEREAS, as the result of demands for additional space in the County Courthouse by the New York State Court System and in the interest of promoting the re -use or redevelopment of the County's "Old Library," the Capital Plan Review Committee of the Tompkins County Legislature has invested eighteen months in the study of the issues related to optimal use of Tompkins County's facilities for various programs, especially the County Office for the Aging (COFA) now located in the Courthouse and the Records Management program and Community Justice Center (Day Reporting, Family Treatment Court, and Probation Drug Court) currently located in the Old Library, and "WHEREAS, by Resolution 226-2010, the Tompkins County Legislature authorized the purchase of the Human Services Annex (HSA) to relocate COFA and subsequently, by Resolution 76-2011, authorized the issue of bonds to support the renovation of the HSA, and "WHEREAS, by Resolution 117-2010, the Tompkins County Legislature resolved to move the Old Library programs to alternative locations as soon as possible, and "WHEREAS, at a minimal cost, the Records Management program is being moved to space adjacent to Challenge Industries in the South Hill Business campus, to facilitate Challenge's ongoing digitization project, and "WHEREAS, despite thorough reviews of several alternatives including use of the Human Services Building, shared -use of the HSA, and several privately owned facilities, a viable alternative location for the Community Justice Center has not been identified, and "WHEREAS, if COFA were not to relocate to the Human Services Annex, that building could serve the needs of the Community Justice Center, with 179 August 16, 2011 appropriate total space and with excellent adjacency to Probation staff at the Human Services Building, providing a permanent home and needed stability for these programs, and "WHEREAS, permanent downtown alternatives for COFA include a Center of Government, which may be recommended by the Legislature upon the completion of a part of a "business case" analysis currently underway, a future joint human services building which is under study by the Downtown Ithaca Alliance, incorporation into any plan for the re -use or redevelopment of the Old Library, or a stand-alone location, and "WHEREAS, COFA must vacate its space within the Courthouse in early 2012 and would have to relocate to a temporary, interim location until those options are fully studied and a decision made, and "WHEREAS, COFA could relocate to the Old Library, adjacent to Lifelong, while a permanent option downtown could be found, and "WHEREAS, it is in the County's interest to promote the re -use or redevelopment of the Old Library for governmental purposes or, in the absence of a viable County use, for private development appropriate for the neighborhood, on a schedule that would result in the timely completion of that re -use or redevelopment project, now therefore be it "RESOLVED, on recommendation of the Capital Plan Review Committee, That COFA relocate to the Old Library for a period of no longer than five years and the Community Justice Center relocate to the HSA on West Martin Luther King, Jr., Street/West State Street, "RESOLVED further, That it is the long-term vision of this Legislature that COFA be permanently housed in a downtown location. SEQR ACTION: TYPE II -20" It was MOVED by Mr. Stein, seconded by Mr. Burbank, to amend the motion and offer a substitute resolution [this resolution was adopted following other motions to substitute]. It was MOVED by Mr. Dennis, seconded by Mr. Lane, to amend the amendment and offer the following substitute resolution: COFA TO BROWN ROAD (PERMANENTLY) Recommending the Relocation of the County Office for the Aging to the County's Department of Health Building and the Community Justice Center to the Human Services Annex (DOC ID: 2800) "WHEREAS, as the result of demands for additional space in the County Courthouse by the New York State Court System and in the interest of promoting the re -use or redevelopment of the County's "Old Library," the Capital Plan Review Committee of the Tompkins County Legislature has invested eighteen months in the study of the issues related to optimal use of Tompkins County's facilities for various programs, especially the County Office for the Aging (COFA) now located in the Courthouse and the Records Management program and Community Justice Center (Day Reporting, Family Treatment Court, and Probation Drug Court) currently located in the Old Library, and "WHEREAS, by Resolution 226-2010, the Tompkins County Legislature authorized the purchase of the Human Services Annex (HSA) to relocate COFA and subsequently, by Resolution 76-2011, authorized the issue of bonds to support the renovation of the HSA, and 180 August 16, 2011 "WHEREAS, by Resolution 117-2010, the Tompkins County Legislature resolved to move the Old Library programs to alternative locations as soon as possible, and "WHEREAS, at a minimal cost, the Records Management program is being moved to space adjacent to Challenge Industries in the South Hill Business campus, to facilitate Challenge's ongoing digitization project, and "WHEREAS, despite thorough reviews of several alternatives including the Human Services Building, shared -use of the HSA, and privately owned facilities, a viable alternative location for the Community Justice Center has not been identified, and "WHEREAS, in June 2011, the Legislature elected to divest of the Department of Health's Certified Home Health Agency, resulting in approximately 2,900 square feet of recently renovated space available within the Health Department's Brown Road facility on or about January 1, 2012, that COFA could occupy temporarily or permanently with little renovation, and "WHEREAS, if COFA were to relocate to the Health Department's Brown Road facility, the HSA could serve the needs of the Community Justice Center, with appropriate total space and with excellent adjacency to Probation staff at the Human Services Building, providing a permanent home and needed stability for these programs and resulting in significant operating savings compared to expenses at the Old Library, and "WHEREAS, moving Community Justice Center to the HSA would also make it possible to move forward with the re -use or redevelopment of the Old Library for governmental purposes or, in the absence of a viable County use, for private development appropriate for the neighborhood, and "WHEREAS, it is in the County's interest to promote the re -use or redevelopment of the Old Library on a schedule that would result in the timely completion of that re -use or redevelopment project, and "WHEREAS, the relocation of COFA should also be accompanied by an initiative to have staff conduct regular visits to satellite sites such as town halls throughout the County to facilitate access to services provided by COFA, now therefore be it "RESOLVED, on recommendation of the Capital Plan Review Committee, That COFA relocate to the County Health Department building on Brown Road and the Community Justice Center relocate to the HSA on West Martin Luther King, Jr., Street/West State Street, "RESOLVED, further, That this plan shall include driveway improvements required to provide regular bus service directly to the Health Department's Brown Road facility. SEQR ACTION: TYPE II -20" A voice vote resulted as follows on the amendment to the amendment to substitute the resolution: Ayes — 3 (Legislators Dennis, Lane, and Pryor); Noes — 12. MOTION TO AMEND THE AMENDMENT TO SUBSTITUTE THE RESOLUTION FAILED. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to amend the amendment and offer the following substitute resolution: "Resolution (ID # 2799): Recommending the Relocation of the County Office for the Aging to the Human Services Annex (DOC ID: 2799) 181 August 16, 2011 "WHEREAS, as the result of demands for additional space in the County Courthouse by the New York State Court System and in the interest of promoting the re -use or redevelopment of the County's "Old Library," the Capital Plan Review Committee of the Tompkins County Legislature has invested eighteen months in the study of the issues related to optimal use of Tompkins County's facilities for various programs, especially the County Office for the Aging (COFA) now located in the Courthouse and the Records Management program and Community Justice Center (Day Reporting, Family Treatment Court, and Probation Drug Court) currently located in the Old Library, and "WHEREAS, by Resolution 226-2010, the Tompkins County Legislature authorized the purchase of the Human Services Annex (HSA) to relocate COFA and subsequently, by Resolution 76-2011, authorized the issue of bonds to support the renovation of the HSA, and "WHEREAS, by Resolution 117-2010, the Tompkins County Legislature resolved to move the Old Library programs to alternative locations as soon as possible, and "WHEREAS, at a minimal cost, the Records Management program is being moved to space adjacent to Challenge Industries in the South Hill Business campus, to facilitate Challenge's ongoing digitization project, and "WHEREAS, despite thorough reviews of several alternatives including the Human Services Building, shared -use of the HSA, and privately owned facilities, a viable alternative location for the Community Justice Center has not been identified, and "WHEREAS, it is in the County's interest to promote the re -use or redevelopment of the Old Library on a schedule that would result in the timely completion of that re -use or redevelopment project, thereby requiring a redoubling of current efforts to identify a permanent and suitable location for the Community Justice Center, and "WHEREAS, the location of COFA in the HSA will provide COFA's clients the benefit of a central and accessible location within close proximity of other related programs, services, and activities, now therefore be it "RESOLVED, on recommendation of the Capital Plan Review Committee, That COFA relocate to the Human Services Annex on West Martin Luther King, Jr., Street/West State Street, "RESOLVED, further, That this Legislature directs the County Administrator to identify viable re -location sites for the Community Justice Center and to report monthly to the Capital Plan Review Committee regarding his progress. SEQR ACTION: TYPE 1I-20" **** Following discussion, a voice vote resulted as follows: Ayes — 4 (Legislators Herrera, McBean- Clairborne, McKenna, and Proto); Noes — 11. MOTION TO AMEND THE AMENDMENT TO SUBSTITUTE THE RESOLUTION FAILED. A voice vote resulted as follows on the motion to amend and offer the following substitute resolution: Ayes — 11, Noes — 4 (Legislators Dennis, Herrera, Lane, and Proto). MOTION TO AMEND AND OFFER THE SUBSTITUTE RESOLUTION CARRIED. 182 August 16, 2011 It was MOVED by Mr. Burbank, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote resulted as follows on the following resolution: Ayes — 12, Noes — 3 (Legislators Dennis, Lane, and Pryor). RESOLUTION ADOPTED. WHEREAS, as the result of demands for additional space in the County Courthouse by the New York State Court System and in the interest of promoting the re -use or redevelopment of the County's "Old Library," the Capital Plan Review Committee of the Tompkins County Legislature has invested eighteen months in the study of the issues related to optimal use of Tompkins County's facilities for various programs, especially the County Office for the Aging (COFA) now located in the Courthouse and the Records Management program and Community Justice Center (Day Reporting, Family Treatment Court, and Probation Drug Court) currently located in the Old Library, and WHEREAS, it is the desire of this Legislature to retain the Community Justice Center and COFA in suitable and more permanent downtown locations, and WHEREAS, by Resolution 226-2010, the Tompkins County Legislature authorized the purchase of the Human Services Annex (HSA) to relocate COFA and a related human services agency and subsequently, by Resolution 76-2011, authorized the issue of bonds to support the renovation of the HSA, and WHEREAS, by Resolution 117-2010, the Tompkins County Legislature resolved to move the Old Library programs to alternative locations as soon as possible, and WHEREAS, at a minimal cost, the Records Management program is being moved to space adjacent to Challenge Industries in the South Hill Business campus, to facilitate Challenge's ongoing digitization project, and WHEREAS, despite thorough reviews of several alternatives including use of the Human Services Building, shared -use of the HSA, and several privately owned facilities, a viable alternative location for the Community Justice Center has not been identified, and WHEREAS, in the course of investigating solutions to the space needs of both COFA and the Community Justice Center, it has now been determined that the HSA could serve the needs of the Community Justice Center, with appropriate total space and with excellent adjacency to Probation staff at the Human Services Building, providing a permanent home and needed stability for these programs, and resulting in significant operating savings compared to expenses at the Old Library, and WHEREAS, moving Community Justice Center to the HSA would also make it possible to move forward with the re -use or redevelopment of the Old Library for governmental purposes or, in the absence of a viable County use, for private development appropriate for the neighborhood, and WHEREAS, although the benefits of relocating the Community Justice Center to the HSA are significant, COFA must vacate its space and relocate to a new location in early 2012, thus requiring consideration of an interim, temporary location until an alternative and more permanent location is developed. Such alternatives include the public or private re -use or redevelopment of the Old Library or an alternative coming from the report of the Center of Government study due by the end of September, and WHEREAS, in considering use of the HSA by the Community Justice Center and the consequent need for alternative locations for COFA, the Legislature has articulated its desire and intent to keep COFA in a central, accessible downtown location at all times, and WHEREAS, the centrally -located, accessible HSA can be utilized to provide necessary space to COFA until such time that suitable alternative space for either COFA or the Community Justice Center is available, and WHEREAS, upon COFA's relocation to such suitable alternative space, it is the desire and intent of this Legislature to relocate the Community Justice Center to the HSA, and WHEREAS, in the event this Legislature identifies a more permanent location for the Community Justice Center other than the HSA, it is the Legislature's intent that COFA remain in the HSA; now therefore be it RESOLVED, That this Legislature directs the County Administrator to prepare a plan for the 183 August 16, 2011 renovation of HSA that is sufficiently multipurpose and flexible to serve the needs of a variety of County departments, RESOLVED further, That the renovated HSA initially be configured to house COFA and that COFA relocate to the HSA, RESOLVED further, That this Legislature directs the County Administrator to identify viable sites, structures, or developments that would provide suitable and more stable locations for the Community Justice Center and/or COFA, allowing a decision regarding the longer-term utilization of the HSA to be considered in the context of such other alternatives, and to report monthly to the Capital Plan Review Committee regarding his progress, RESOLVED, further, That once such a site or structure has been identified for either program, this Legislature will make the completion of suitable facilities for COFA and the Community Justice Center its highest priority. SEQR ACTION: TYPE II -20 Recess * * * * * * * * * * Ms. Robertson declared recess at 9:45 p.m. The meeting reconvened at 9:53 p.m. Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Resolution 2011-142: Authorizing the Municipal Electric and Gas Alliance (MEGA) to Bid for Gas and Electricity on Behalf of the County and Authorizing the Inclusion of All Political Subdivisions and Districts Within the State to Participate (DOC ID: 2754) It was MOVED by Ms. Mackesey, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes — 12, Noes — 3 (Legislators Herrera, Kiefer, and McBean- Clairborne). RESOLUTION ADOPTED. WHEREAS, the County previously authorized the Municipal Electric and Gas Alliance ("MEGA") to bid for both gas and electric power on its behalf and the bids resulted in contracts, and WHEREAS, the contracts will terminate in 2012 and it is time to re -bid, and WHEREAS, Section 408-a of the County Law authorizes the County to include in any purchase contract awarded to the lowest responsible bidder, authorization permitting all political subdivisions and districts in the State to participate, and WHEREAS, the County desires the continued participation of other political subdivisions and districts in the contracts, and WHEREAS, rules regarding the terms by which other political subdivisions and districts participate have been established and will be reflected in contracts with the lowest responsible bidders, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That MEGA is hereby authorized to release bids for gas and electric power on behalf of Tompkins County, RESOLVED, further, That all political subdivisions and districts within the State are authorized to participate in the contracts awarded as a result of the bids. RESOLVED, further, That the County Administrator, upon recommendation of the MEGA Board of Directors, is authorized to award the contract to one or more proposers and to enter into contracts with selected proposers. SEQR ACTION: TYPE II -20 * * * * * * * * * * 184 August 16, 2011 Resolution 2011-143: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 144 of 2011: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement Flood Hazard Mitigation Program Projects (DOC ID: 2775) It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, in Resolution No.144 of 2011, the Tompkins County Legislature would authorize the County Administrator or his designee to execute a contract with the Tompkins County Soil and Water Conservation District to implement projects identified through the Flood Hazard Mitigation Program, and would also be authorized to execute another agreement 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 Forms with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 144 of 2011 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 144 of 2011. SEQR ACTION: UNLISTED (Short EAF is on file in the Clerk of the Legislature's office) * * * * * * * * * * Resolution 2011-144: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement Flood Hazard Mitigation Program Projects (DOC ID: 2776) It was MOVED by Ms. Mackesey, seconded by Ms. Chock, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature re-established the Flood Hazard Mitigation Program in 2006, and WHEREAS, the Tompkins County Legislature provided funding for the Flood Hazard Mitigation Program in the amount of $25,000 in 2011, 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 which require instream work, and WHEREAS, the projects identified by the Technical Committee which require instream work have a maximum estimated cost of $14,000, and WHEREAS, the County Planning Department is prepared to coordinate the balance of 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 Conservation District, in an amount not to exceed $14,000, 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) 185 August 16, 2011 * * * * * * * * * * Presentation of Resolution(s) from the Budget, Capital, and Personnel Committee Resolution 2011-145: Budget Adjustment and Appropriation of Unspent Funds Under Public Safety Committee and Under Facilities and Infrastructure Committee from 2010 to Various Accounts (DOC ID: 2810) It was MOVED by Mr. Dennis, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2010 resulting in a surplus of $988,182 on the County's books as of December 31, 2010, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments under the Public Safety Committee and the Facilities and Infrastructure Committee in the amount of $158,695 in the current year budget, now therefore be it RESOLVED, on recommendation of the Public Safety, and the Facilities and Infrastructure, and the Budget, Capital, and Personnel Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $158,695 TO: Department Use of Funds Account Requested Rollover Assigned Counsel • Disposal of confidential documents through Challenge Industries 1170.54424 • Increase in postal rates 1170.54452 $278 $200 Probation and Community Justice • Loss in Probation Services State Aid (Budgeted -357, 862; Actual -339, 493) 3140.43310 $1,388 3141.43310 $5,735 3142.43310 $9,497 3160.43310 $1,749 • Electronic Monitoring Services (Cellular Technology based) 3141.54442 $10,000 • Two Laptop Computers 3141.52206 $525 3142.52206 $2,099 • Eleven Desktop Computers 3141.52206 $1,162 3142.52206 $4,646 • Seven Computer Monitors 3141.52206 $237 3142.52206 $946 • One Adobe Acrobat Software 3141.52230 $41 3142.52230 $162 • One Port Replicator 3141.52206 $26 3142.52206 $104 • Four HON 7628 Task Chairs 3141.52210 $240 3142.52210 $960 • Auto Fuel 3141.54310 $1,500 186 Sheriff's Office August 16, 2011 • Computer replacement for all divisions: 13 laptops with docking stations ($1.9K) and 17 desktops ($700). This includes a request for monitor replacement ($5.2K) 3113.52206 $42,000 • Bullet Proof Vest Replacement (40 vests): 3113.54319 $40,000 • Mobile License software and associated equipment: This is onetime expense and allows for field reporting. It includes the software and scanner. ($3K) Software upgrade for Computer Replacement: Microsoft Office software upgrades for all of the computers, which is recommended by ITS ($9.2K) 3113.52230 $12,200 • Clothing: To cover a shortfall in the clothing allowance for contracted reimbursements. These are items that were ordered in 2010. 3113.54340 $3,000 • Automotive Fuel: This request is to cover the unanticipated increase in automotive fuel costs in 2011 3113.54310 $14,000 • Project Assistant: Eliminating a clerical position in the 2011 budget did not allow for coverage for illness or vacation. This will allow the department to hire a temporary employee as needed. 3110.5100049 $6,000 Weights and Measures • The $573.00 is needed for repairs to my 100 gallon prover that is used to test fuel oil trucks. The seals in the pump are leaking and need to be replaced or the pump needs to be replaced. 3630.54400 $573 SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Minutes It was MOVED by Mr. Proto, seconded by Ms. Pryor, to approve the minutes of the August 2, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 12, Noes — 3 (Chock, Herrera, and Kiefer). MINUTES APPROVED. 187 Ad" ournment The meeting adjourned at 10:22 p.m. August 16, 2011 188 September 6, 2011 Regular Meeting Call to Order Ms. Kiefer, Vice Chair, called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Legislator Robertson arrived at 7:05 p.m.) Presentation of Proclamations Ms. Kiefer presented a proclamation to Beth Harrington of Emergency Response declaring September 2011 as Emergency Preparedness Month. Privilege of the Floor by the Public Gretchen Hellmann, Bostwick Road resident, spoke in favor of the proposed Local Law – Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Joe Wilson, Town of Dryden resident, spoke in support of the proposed Local Law — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Phil Munson, Town of Lansing resident, asked for a more aggressive and vigilant restriction of roads than the proposed Local Law – Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads offers. Sarah Hess, Ithaca, spoke in favor of the proposed Local Law – Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Leon Edward Zaharis suggested consideration be given to remove truck traffic through the use of existing railroad beds as a rack railway to transport machinery. Ms. Kiefer suggested Mr. Zaharis submit his suggestion to the New York State Department of Environmental Conservation for consideration. JoAnne Cipolla-Dennis, Dryden resident, spoke in support of the proposed Local Law – Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads and noted restricting some traffic would also restrict exhaust emissions. Fay Gougakis, City of Ithaca, noted the County does not have bicycle racks outside the Courthouse as they did before. She asked the Legislature to consider holding a forum with the City of Ithaca, the Sheriff, and other police personnel, Ithaca College, Cornell University, and local officials to discuss cell phone use, texting, and tinted windows in vehicles and also feels the need for these groups to discuss the increase crime and drug use and sales in the County. Ms. Gougakis asked that the County speak to the City of Ithaca about restricting hydrofracking, particularly due to the potential increase of traffic in the City. 189 September 6, 2011 Marie McRae, Irish Settlement Road, spoke in support of the proposed Local Law — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Margaret McCasland, Town of Lansing, spoke in support of the proposed Local Law — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Elmer Ewing, Town of Ithaca, spoke in support of the proposed Local Law — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Jean McPheeters, Chamber of Commerce President and Town of Caroline resident, spoke in opposition of the proposed Local Law — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-146: Award of Bids - Construction of Apron Expansion (Old FBO Site) - Ithaca Tompkins Regional Airport (DOC ID: 2817) MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, over the course of several years, the airport's Fixed Base Operator (FBO), Taughannock Aviation Corporation (TAC), did gradually replace the old County -owned facility it occupied with two new hangars, an administration building and a parking lot, and WHEREAS, the old County -owned facility was deemed obsolete and was deconstructed in 2008, and WHEREAS, the site of the old County -owned facility is needed for the parking of private and corporate aircraft and the concrete foundations of said site must be deconstructed and the area must be re - paved to make it fit for aircraft operations, and WHEREAS, the Finance Department advertised and received three (3) bids for the Apron Expansion project and Suit-Kote Corporation of Cortland, New York, was the lowest responsible bidder at $1,115,539.00, and WHEREAS, the budget for this construction project is as follows: Federal Aviation Administration Share ( 95.0 %) $1,059,762.00 New York State Department of Transportation ( 2.5 %) $ 27,888.50 Local Share (Airline Rates & Charges) ( 2.5 %) $ 27,888.50 TOTAL $1,115,539.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to notification of funding being received from the Federal Aviation Administration and New York State Department of Transportation no later than September 30, 2011, the bid for construction of the Apron Expansion (Old FBO Site) be awarded to Suit-Kote of Cortland, New York, as the lowest responsible bidder, RESOLVED, further, That the County Administrator be and hereby is authorized to execute contract documents with said contractor, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. 190 SEQR ACTION: TYPE II -2 September 6, 2011 ********** Resolution 2011-147: Authorizing Supplemental Consultant Agreement No. 1 with C&S Companies for Full -Time Construction Observation and Contract Administration Services in Connection with the Apron Expansion (Old FBO Site) at the Ithaca Tompkins Regional Airport (DOC ID: 2818) MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, a contract has been awarded to Suit-Kote Corporation of Cortland, New York, in the amount of $1,115,539 to construct the Apron Expansion (Old FBO Site), subject to Federal funding being available, and WHEREAS, it is necessary to oversee such activities and provide various contract administration services, and WHEREAS, the airport's engineering consultant, C&S Companies of Syracuse, New York, has proposed providing said services for a fee of $124,126, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration Share (95.0%) $117,920.00 New York State Department of Transportation Share (2.5%) $ 3,103.00 Local Share (2.5%) (Airport's Operational Budget) $ 3,103.00 Total $124,126.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $124,126.00 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $3,103.00 shall come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -20 ********** Resolution 2011-148: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant or Grants to Construct the Apron Expansion (Old FBO Site) And/Or Design Projects for the Terminal Ramp Rehabilitation and Expansion of the Aircraft Rescue and Fire -Fighting (Crash/Fire/Rescue) Building for an Operations Office - Ithaca Tompkins Regional Airport (DOC ID: 2819) MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Legislature awarded contracts on September 6, 2011, to construct and inspect the Apron Expansion (Old FBO Site), subject to Federal funding being available, and WHEREAS, the Tompkins County Legislature awarded design contracts on August 16, 2011, to Rehabilitate the Terminal Ramp and Expand the Aircraft Rescue and Fire -Fighting (Crash/Fire/Rescue) Building to incorporate an Operations Office subject to Federal funding being available, and WHEREAS, due to legislative delays in Washington, the Federal Aviation Administration grant 191 September 6, 2011 award timetable has become condensed, creating a need for grant offers and acceptances to be expedited in order to meet the truncated schedule, and WHEREAS, said timetable may require the Tompkins County Legislature to anticipate and accept grant offers being made in the very near future, outside of the normal Tompkins County Legislative meeting schedule, and WHEREAS, the total cost of the General Aviation Apron Expansion is $1,247,000 and that the funding is as follows: Federal Aviation Administration Share (95.0%) $1,184,650.00 New York State Department of Transportation Share ( 2.5%) $ 31,175.00 Local (Airport Revenues) ( 2.5%) $ 31,175.00 Total $1,247,000.00 , and WHEREAS, the total cost of the two design contracts for the Terminal Ramp Rehabilitation and the Expansion of the Aircraft Rescue and Fire -Fighting (Crash/Fire/Rescue) Building to incorporate an Operations Office is $275,000 and the funding is as follows: Federal Aviation Administration Share (95.0%) $ 261,250.00 New York State Department of Transportation Share ( 2.5%) $ 6,875.00 Local (Airport Revenues) ( 2.5%) $ 6,875.00 Total $ 275,000.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in the event a Federal Aviation Administration grant offer is made requiring an expedited turnaround, that said offer of $1,445,900.00 for the abovementioned projects is accepted and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That in the event said grant offer only covers the federal share of either the Apron Expansion Project or the two design projects for the Terminal Ramp Rehabilitation and the Aircraft Rescue and Fire -Fighting (Crash Fire Rescue) Building Operations Office Expansion, or that both grant offers come separately, then said grant or grants be accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 ********** Resolution 2011-149: Authorizing Acceptance of a New York State Department of Transportation (NYSDOT) "AIR 99" Grant to Accomplish Repairs to the Terminal Roof and Canopy - Ithaca Tompkins Regional Airport (PIN No. 3902.54) (DOC ID: 2820) MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County has received a grant offer from the New York State Department of Transportation under the "AIR 99" program, in the amount of $300,000 to assist with repairs to the Terminal Roof and Canopy, and WHEREAS, the estimated maximum cost of this project is as follows: New York State Department of Transportation Share ( 80.0%) $300,000 Local Share ( 20.0%) $ 75,000 Total $375,000 , and WHEREAS, the local share will form part of the airport's 2012 operational budget, and WHEREAS, the County Legislature will review and approve all proposed engineering and construction contracts prior to any work commencing, and WHEREAS, in the event that said engineering or construction contracts are not approved by the Legislature, this grant will be returned to the New York State Department of Transportation for use at another airport, now therefore be it 192 September 6, 2011 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the New York State Department of Transportation of $300,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -1 ********** Resolution 2011-150: Budget Adjustments and Implementation of New York State Office of Homeland Security Grants and Initiatives - Department of Emergency Response (DOC ID: 2831) MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the State Homeland Security Program (SHSP) previously awarded funding to Tompkins County for several emergency response initiatives that will support all -hazards planning activities, interoperable emergency communications consulting and identified equipment needs including a breathing air and communications scene support vehicle and system, and WHEREAS, the grants will be administered through the Department of Emergency Response for use in the implementation of state and local terrorism response strategies, and WHEREAS, Resolution No. 167 of 2009 detailed the program specifics, and the Depai lment has since developed project parameters with the New York State Office of Homeland Security and executed procurement processes, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Finance Director is hereby authorized to make the following adjustments in 2011: FROM: 3410.43389 Other Public Safety $220,500 3410.42665 Sale of Equipment $ 6,500 TO: 3410.51000674 Administrative Coordinator $ 14,489 3410.58800 Fringes $ 5,086 3410.54442 Professional Services $ 13,100 3410.52231 Vehicles $194,325 SEQR ACTION: TYPE II -20 ********** Approval of Appointment Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to approve the following appointment under the Consent Agenda. APPOINTMENT APPROVED. Youth Services Board — term expires December 31, 2012 Kathrin Gehring — Town of Dryden representative Facilities and Infrastructure Committee It was MOVED by Ms. Chock, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to lift from the table Resolution 2011-140 Adoption of Local Law No. 1 of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads (DOC ID: 2309), from the table. RESOLUTION LIFTED FROM THE TABLE. Resolution 2011-140: Adoption of Local Law No. 1 of 2011 — Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that Would Materially Injure County Roads (DOC ID: 2309) 193 September 6, 2011 MOVED by Ms. Chock, seconded by Ms. Mackesey. It was MOVED by Mr. Lane, seconded by Mr. Proto, to increase the trip threshold from 1,000 to 1,250 truck loads and to hold a new public hearing on the local law. It was MOVED by Mr. Burbank to amend the amendment to lower the trip limit from 1,250 trips to 800 trips. MOTION FAILED FOR LACK OF A SECOND. Ms. Robertson arrived at this time. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Dennis, Lane, Proto, Pryor, and Robison), Noes — 10 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McBean- Clairborne, McKenna, Robertson, Shinagawa, and Stein). MOTION TO AMEND FAILED. It was MOVED by Mr. Dennis, seconded by Mr. Robison to call the question. A voice vote resulted as follows: Ayes — 12 (Legislators Burbank, Dennis, Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, and Stein), Noes — 3 (Legislators Chock, Kiefer, and Proto). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County desires to maintain the safety and general welfare of County residents by regulating uses of County roads by heavy vehicles that have the potential to adversely affect such roads, and WHEREAS, a public hearing was held before the Tompkins County Legislature on August 16, 2011, to hear all person interested in proposed Local Law No. 1 of 2011, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Government Operations Committees, That Local Law No. 1 of 2011 - Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that would Materially Injure County Roads is hereby adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-151: Appropriation from Solid Waste Capital Reserve (DOC ID: 2787) MOVED by Ms. Chock, seconded by Mr. Lane. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Solid Waste Division has maintained a Capital Reserve account within the CL Fund for capital improvements at the Recycling and Solid Waste Center, and WHEREAS, it is necessary for the Solid Waste Management Division to fund additional improvements outside the scope of the contractual agreement with ReCommunity, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the Director of Finance is authorized to make the following appropriation from the Solid Waste Fund to the Capital Fund: From: CL Capital Reserve Account 878 $400,000 To: CL Recycling 8163.54802 Contribution to Construction $400,000 SEQR ACTION: TYPE II -20 Recess ********** 194 September 6, 2011 Ms. Kiefer declared a recess at 7:38 p.m. The meeting reconvened at 7:48 p.m., at which time Ms. Robertson resumed her position as Chair. Government Operations Committee Resolution 2011-152: Appropriation from Contingent Fund to Develop a "Smart Work" Training Program for Tompkins County Mental Health Department (DOC ID: 2805) MOVED by Mr. Lane, seconded by Ms. Kiefer. A short roll call resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the adopted 2011 Tompkins County Budget earmarked contingent funding for "Smart Work Training", 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, the Smart Work Training process has now been applied in several County operations as well as at TC3, with positive results in the form of streamlined operations and improved customer service reported by both staff and managers, and WHEREAS, the County's Mental Health Department desires to apply Smart Work Training to aid in the development of a consolidated and more efficient reception area that will also integrate some billing and records functions while utilizing existing staff more efficiently, and WHEREAS, the training is expected to cost approximately $5,500, and WHEREAS, at the completion of these initial training projects, the County Administrator and Mental Health Department will report the results of the training to the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority: From: Contingent Fund 1990.54400 Program Expense $5,500 To: In-service Training 1987.54442 Professional Services $5,500 SEQR ACTION: TYPE II -20 * * * * * * * * * * Public Safety Committee Resolution 2011-153: Appropriation from Contingent Fund - Terminal Pay - Department of Emergency Response (DOC ID: 2830) MOVED by Mr. Stein, seconded by Mr. Dennis. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in the Depaitinent of Emergency Response, one Communications Center Manager retired effective March 14, 2011, and one Emergency Services Dispatcher resigned effective June 2, 2011, 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 Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget adjustment for 2011: FROM: A1990.54400 Contingent Fund $28,902 TO: A3411.54442 Professional Services $28,902 SEQR ACTION: TYPE II -20 195 September 6, 2011 * * * * * * * * * * Budget, Capital and Personnel Committee Resolution 2011-154: Extension of One -Percent Sales Tax for Two Years - Increasing Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges Pursuant to Article 29 of the Tax Law of the State of New York in Order to Extend the Effective Date through November 30, 2013 (DOC ID: 2843) MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 1 (Legislator Proto). RESOLUTION ADOPTED. Be it enacted by the Tompkins County Legislature of the County of Tompkins, as follows: SECTION I. The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March first, nineteen hundred and sixty-seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 2013, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2013, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. 196 September 6, 2011 (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2013, the tax shall be at a rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2013, in respect to the use of property used by the purchaser in this County prior to December 1, 1992. SECTION 5. This enactment shall take effect December 1, 2011. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-155: Authorizing a Public Hearing on Proposed Local Law No. b of 2011-A Local Law Overriding Tax Levy Limit for 2012 (DOC ID: 2840) 197 September 6, 2011 MOVED by Mr. Dennis, seconded by Mr. Robison. A roll call vote on the resolution resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Lane, McBean-Clairborne, Robertson, Robison, and Shinagawa), Noes — 5 (Legislators Mackesey, McKenna, Proto, Pryor, and Stein). RESOLUTION ADOPTED. WHEREAS, according to New York State's new Property Tax Cap legislation, if a county government decides to adopt a county budget with a property tax levy that exceeds the level set by the State, the county government must pass a local law to override that cap, and WHEREAS, adopting said local law is not predictive of the final tax levy but will provide the Tompkins County Legislature flexibility to exceed the Property Tax Cap if it is deemed necessary, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on September 20, 2011, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. b of 2011 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 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 Minutes It was MOVED by Mr. Burbank, seconded by Mr. Dennis, to approve the minutes of the August 16, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Herrera and Kiefer). MINUTES APPROVED. Adjournment On motion the meeting adjourned at 9:37 p.m. 198 September 20, 2011 Regular Meeting Public Hearing — A Local Law Overriding Tax Levy Limit for 2012 Ms. Robertson called the public hearing to order at 5:30 p.m. and asked if anyone wished to speak. Richard Hunter, property owner in the Town of Newfield and State of Florida resident, spoke of increases in taxes over the years and said he would like to move back to the Town of Newfield but cannot afford to do so. He urged the Legislature to follow the State's Property Tax Cap but to also push back on State mandates. Richard Flaville, Village of Lansing resident, urged the Legislature to override the Property Tax Cap. He said one of the reasons he likes living in Tompkins County is because the County doesn't turn its back on needy people. Mr. Flaville spoke of his experience volunteering for programs such as Gadabout and Loaves and Fishes, and stressed the services provided by these programs are valuable and important. Ms. Kiefer arrived at 5:35 p.m. No one else wished to speak and the public hearing was closed at 5:36 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Mrs. McBean-Clairborne arrived at 5:48 p.m.) Privilege of the Floor by the Public No member of the public wished to speak. Mrs. McBean-Clairborne arrived at 5:48 p.m. Distinguished Youth Award Mr. Robison, District No. 9 Legislator, presented the September 2011 Distinguished Youth Award to Stephanie Baxendell of Groton. Resolution(s) Added to or Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: Resolution 2011-156: Adoption of Revised Administrative Policy 02-13 - Disciplinary Action or Discharge Procedure (DOC ID: 2806) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. 199 September 20, 2011 WHEREAS, the Disciplinary Action or Discharge Procedure policy required revision to more accurately reflect current existing regulations, procedures, and directives, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel and the Government Operations Committees, That the following Administrative Policy is hereby revised and adopted: 02-13 Disciplinary Action or Discharge Procedure SEQR ACTION: TYPE II -20 * * * * * * * * * * * Resolution 2011-157: Deletion of Administrative Policies: Policy 03-03 - Holidays and Policy 03-19 - Use of Employee Master Status Report for Employee Fringe Benefits (DOC ID: 2807) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, all information on the Employee Master Status Report for Employee Fringe Benefits is now being tracked within the Lawson HR/Payroll software implemented in 2011, a separate Administrative Policy is no longer necessary, and WHEREAS, the Holiday applicability is covered by bargaining agreements, a separate Administrative Policy is no longer necessary, and WHEREAS, the Holiday applicability for non -unionized employees is covered in Policy 03-01 - Benefits for Non -unionized Staff, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel and the Government Operations Committees, That the following Administrative Policies are hereby deleted: 03 - 03 Holidays 03-19 Use of Employee Master Status Report for Employee Fringe Benefits SEQR ACTION: TYPE II -20 * * * * * * * * * * * Resolution 2011-158: Authorization to Accept Solutions to End Homelessness Program (STEHP) Grant/Contracts - Department of Social Services (DOC ID: 2829) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Office of Temporary and Disability Assistance announced earlier this year a new funding stream titled Solutions To End Homelessness Program (STEHP) which, as per the current State budget, replaces the Emergency Shelter Grant, Homelessness Intervention Program, Supplemental Homelessness Intervention Program, and Homelessness Prevention Program at a significant reduction in total funding, and WHEREAS, the Continuum of Care member agencies which work to address homelessness in our County chose the Department of Social Services to be the lead agency, and together crafted and submitted a response to the State's Request for Proposals, and WHEREAS, that proposal would fund five one-year contracts, with American Red Cross ($72,625 for "Emergency Shelter Maintenance and Operations"), Learning Web ($72,625 for "Youth Outreach Drop -In Essential Services"), Human Services Coalition ($33,696 for "Homelessness Prevention and Re -Housing Program [HPRP] 2-1-1 Information and Referral"), Catholic Charities ($48,455 for "HPRP Security Deposits, Rental Arrears, and Case Management"), Tompkins Community Action ($139,581 for "HPRP Ongoing Rental Assistance and Case Management"), and $48,013 for Department of Social Services staff providing other "HPRP Case Management Services", and WHEREAS, a notice of award is expected to be received in September, approving $415,000 funding for services beginning October 1st, and the Department and its partner agencies would like to be in position to execute agreements as quickly as possible thereafter, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the 200 September 20, 2011 Department of Social Services is authorized, upon receipt of a said award, to accept it, staff its program, and execute the agreements identified above, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to Social Services' 2011 budget: Appropriation: 6010.54400 Program $110,358 6010.51000 Salary 7,929 6010.58800 Fringes 4,075 Revenue: 6010.43610 NYS: Social Services $122,362 SEQR ACTION: TYPE I1-20 *********** Resolution 2011-159: Authorizing Supervision and Treatment for Juveniles Program (STSJP) Grant -Funded Contracts - Department of Social Services (DOC ID: 2828) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Office of Children and Family Services recently awarded Tompkins County $40,000 in new 100% funding for a Supervision and Treatment for Juveniles Program (STSJP), and WHEREAS, the Department of Social Services has been designated the lead agency to administer these funds, which are to be used to reduce detention placements of youthful county residents, and WHEREAS, the funding is available only for services described in a state -approved plan and provided during the twelve months ending March 31, 2012, and WHEREAS, the Depattiuent's plan incorporates services already in use and proven to be successful in our community, so as to facilitate the processes of plan development, approval, and contract execution, and WHEREAS, the plan is comprised of three contracts, with Liberty Resources ($16,340 for "Multi -Systemic Therapy Contingency Management"), the County Probation Department ($4,232 for "Electronic Monitoring"), and the Youth Advocacy Program ($19,428), and WHEREAS, the State has approved said plan, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept this grant and execute the agreements identified above, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services' 2011 budget: Appropriation: 6070.54400 Program Expense $40,000 Revenue: 6070.43623 State: Detention $40,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * * Resolution 2011-160: Budget Adjustment - Youth Services (DOC ID: 2853) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Youth Services Revenue Acct Title Amt Approp Acct Title(s) 7022.43820 Programs for Youth -$33,960 201 September 20, 2011 7023.43820 Programs for Youth -$11,517 - $26,057 7022.54400 Program Expense - $11,995 7023.54400 Program Expense - $ 7,425 7026.54400 Program Expense Explanation: Budget adjustment reflects state aid cuts passed onto agencies and municipalities for budget year 2011; cuts were not known until May 2011, well after the County budget was adopted. State aid is assigned by the Department to contracts in several different program accounts. Even though, by account, revenue and appropriation reductions do not match up equally, overall, reductions in appropriations ($45,477) equal the total reductions in state aid ($45,477). SEQR ACTION: TYPE I1-20 *********** Appointment(s) Approved Under the Consent Agenda MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote to approve the following appointment(s) under the Consent Agenda: Library Board of Trustees — terms expire December 31, 2013 John J. Clark, Jr. Elmira Mangum Board of Assessment Review — term expires September 30, 2017 Nelson Bills Youth Services Board — term expires December 31, 2013 Angela D. Sullivan — At -large representative Presentation of Resolution(s) by the Planning, Development, and Environmental Quality Committee Resolution 2011-161: Authorizing the Amendment to the Certificate of Incorporation of Tompkins County Development Corporation to Provide for Increased Activities Associated with the Promotion of Community and Economic Development (DOC ID: 2834) MOVED by Ms. Mackesey, seconded by Mr. Burbank. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Herrera and Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County (the "County") approved Resolution No. 203 of 2009 forming the Tompkins County Development Corporation (the "Corporation"), a local development corporation organized pursuant to Section 1411 of the Not -For -Profit Corporation Law of the State of New York for the exclusive public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, and acting in the public interest, and WHEREAS, the County is the sole member (the "Member") of the Corporation, and WHEREAS, the Member desires to assist not-for-profit corporations based in the County who wish to expand their operations outside the borders of the County, but who are unable to avail themselves of financial assistance outside of the County, and WHEREAS, the Member desires to amend the Corporation's Certificate of Incorporation to enable the Corporation to assist such County -based not-for-profit corporations, and WHEREAS, the Member further desires to amend the Corporation's Certificate of Incorporation to change the post office address of record to reflect the recent office move of the administrative entity, currently Tompkins County Area Development, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality 202 September 20, 2011 Committee, That the Member approves the amendment of the Corporation's Certificate of Incorporation pursuant to the Certificate of Amendment presented at this meeting, RESOLVED, further, That the County Administrator is authorized to execute and file the Certificate of Amendment presented at this meeting, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE 1I-20 *********** Resolution 2011-162: Approving the Issuance by the Tompkins County Development Corporation of Up to $4,000,000 Aggregate Principal Amount Tax -Exempt Revenue Bonds (Franziska Racker Centers, Inc., Project), Series 2011 (DOC ID: 2835) MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 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 Franziska Racker Centers, 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 (Franziska Racker Centers, Inc., Project), Series 2011, in an aggregate principal amount not to exceed $4,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of: (A) the acquisition or retention of title to a parcel (or parcels) of land located at 3226 Wilkins Road in the Town of Ulysses, containing in the aggregate approximately 37 acres (the "Land"), and the existing improvements situated thereon consisting principally of an approximately 23,000 square -foot building used for a pre-school and other program services, an approximately 10,000 square -foot administration building (such buildings collectively referred to as the "Existing Buildings"), and related parking areas (the "Existing Parking" and, together with the Existing Buildings, the "Existing Improvements"); (B)(i) the renovation, expansion and general upgrading of the Existing Buildings to add approximately 9,000 square feet of space and (ii) the modification and upgrading of the Existing Parking improvements to become ADA -compliant and the construction of a new approximately 55 -space parking lot and related improvements and upgrades (collectively, the "Improvements"); (C) the acquisition and installation in and around the Existing Improvements and the Improvements of certain items of machinery, equipment and other tangible personal property (the "Equipment", and collectively with the Land, the Existing Improvements and the Improvements, the "Facility"); and (D) the paying of all or a portion of the costs incidental to the issuance of the Bonds, including issuance costs of the Bonds, capitalized interest and any reserve funds as may be necessary to secure the Bonds (the costs associated with items (A) through (D) 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 Code, interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and WHEREAS, on September 12, 2011, the Issuer held a public hearing upon proper notice in compliance with Section 147(0 of 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; and (c) the minutes of such public hearing held on September 12, 2011, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected 203 September 20, 2011 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, That the Legislature, for the purpose of satisfying the approval requirement of Section 147(0 of the Code, 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 the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code, RESOLVED, further, That this Resolution shall be deemed to be made for the benefit of the holders of the Bonds, RESOLVED, further, That this Resolution shall take effect immediately. SEQR ACTION: TYPE I1-20 * * * * * * * * * * * Resolution 2011-163: Negative Declaration for Authorizing Disbursement of Housing Fund Round Three Funds (DOC ID: 2838) MOVED by Ms. Mackesey, seconded by Ms. Pryor. Ms. Chock requested permission to abstain from voting due to a family connection to one of the parties involved; no objection was raised. For the record, Ms. Herrera asked what the chances are that this project will utilize the local contractors' workers. Mr. Marx said he cannot answer this question with certainty but noted the Ithaca Neighborhood Housing Service (INHS) has been building in this community for a long time and he believes they employ local contractors on their jobs. He said it is intended to underwrite the cost of the land to make whatever is built to be more affordable; therefore, funds do not go directly to the construction. A voice vote resulted as follows: Ayes — 14, Noes — 0, Abstentions — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 2009-31, 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 Town of Ithaca Full Environmental Assessment Form (Parts I & II) documents for the project listed as the INHS Holly Creek Townhouses (Phase II), and WHEREAS, the Town of Ithaca has determined the INHS Holly Creek Townhouses to be an Unlisted Action with a Negative Declaration, and WHEREAS, Tompkins County concurs with the SEQR Negative Determination of the INHS 204 September 20, 2011 Holly Creek Townhouses, 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 project listed above adequately protects and preserves the environment and will not have any potentially significant adverse effects on the environment. SEQR ACTION: Full Environmental Assessment Form on File with the Legislature Clerk * * * * * * * * * * * Resolution 2011-164: Authorization to Disburse County Funds Pertaining to the Housing Fund (DOC ID: 2781) MOVED by Ms. Mackesey, seconded Mrs. McBean-Clairborne. Ms. Chock was granted permission to abstain from voting based on the reasons stated in the previous resolution. For the record, Ms. Herrera clarified her earlier comments, stating there are a lot of people out of work and it is important that the local community be supported by these jobs. She hopes that whether or not it is a requirement that everyone takes heed that every time a decision is made like this the Legislature is helping to build the community or undermine it. She hopes it will be communicated to Ithaca Neighborhood Housing Service (INHS) the importance of considering hiring local. A voice vote resulted as follows: Ayes — 14, Noes — 0, Abstentions — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature through Resolution No. 2009-31, authorized funding for the Community Housing Affordability Program and the Community Housing Trust Program, 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. 2009-31, and WHEREAS, the Notice of Funding Availability was made available to interested parties with a deadline of April 1, 2011, and WHEREAS, one application was received and reviewed by the Application Review Committee, which made formal funding recommendations for funding to the Housing Fund Program Oversight Committee, and WHEREAS, the Program Oversight Committee accepted and recommended that the following proposal receive funding as indicated in the table, and Applicant Project Dollar Amount Recommended Number of Units Location INHS INHS Holly Creek Townhouses Phase II $200,000 (grant) 11 owner- occupied units Town of Ithaca WHEREAS, Tompkins County is authorized to serve as fiscal agent for the Housing Fund, by Resolution No. 2010-74, and WHEREAS, the Town of Ithaca SEQR review process has been completed for the INHS Holly Creek Townhouses project with a Negative Declaration determination, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is authorized to continue to serve as the fiscal agent for the Housing Fund and enter into an agreement with Cornell University to accept $100,000 funding for the approved Housing Fund Round Three project, INHS Holly Creek Townhouses, RESOLVED, further, That Tompkins County concurs with the Town of Ithaca SEQR Negative 205 September 20, 2011 Declaration determination for the INHS Holly Creek Townhouses, 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 $70,000 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 make budget adjustments as necessary to implement the actions identified in this resolution. SEQR ACTION: Unlisted: INHS Holly Creek Townhouses (Full Environmental Impact Statement on file with the Legislature Clerk) * * * * * * * * * * * Presentation of Resolution(s) by the Public Safety Committee Resolution 2011-165: Appropriation from Contingent Fund - Bail Fund Program - OAR (Opportunities, Alternatives, and Resources) (DOC ID: 2822) MOVED by Mr. Stein, seconded by Ms. Mackesey. Mr. Stein said he has heard lately that some courts are using the bail to pay for unpaid fines. Ms. Dietrich said this is an illegal practice and there have been occasions when it has been done; they are trying to educate magistrates that this is not the intention of the fines. Mr. Wood agreed to follow-up on this. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Opportunities, Alternatives, and Resources (OAR), through its Bail Fund program, makes bail accessible for low-income individuals when available funds are the only barrier to release from the Tompkins County Jail pending trial, and WHEREAS, OAR achieves a ninety percent return rate on its bails posted, with only very few forfeitures in the last ten years, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $15,000 TO: A6316.54400 Program Expense $15,000 SEQR ACTION: TYPE II -20 * ********** Presentation of Resolution(s) by the Budget, Capital and Personnel Committee Resolution 2011-166: Adoption of Revised Administrative Policy 01-23 - Smoking Policy (DOC ID: 2825) MOVED by Mr. Lane, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes —11, Noes — 4 (Legislators Chock, Mackesey, McBean-Clairborne, and Proto). RESOLUTION ADOPTED. WHEREAS, the Smoking policy required revision to more accurately reflect current existing regulations, procedures, and directives, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee and the Government Operations Committee, That the following Administrative Policy is hereby revised and adopted: 01 - 23 Smoking SEQR ACTION: TYPE I1-20 * * * * * * * * * * * 206 September 20, 2011 Recess Ms. Robertson declared recess from 7:35 p.m. The meeting reconvened at 7:39 p.m. Presentation of Resolution(s) from the Government Operations Committee Resolution 2011-167: Increase in Hours of Recording Clerk Position - County Clerk (DOC ID: 2814) MOVED by Mr. Lane, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, there are two Recording Clerk positions available to be filled in the County Clerk's Office, and WHEREAS, the County Administrator approved the weekly increase from 35 hours per week ($33,743) to 40 hours per week ($38,562) for one of the said positions of Recording Clerk, and WHEREAS, it was agreed by the County Clerk, in order to obtain said permission, that only one of said two available positions be filled at the present time, in order to cooperate with the efforts to decrease expenses, now therefore be it RESOLVED, on recommendation of Governmental Operations and the Budget, Capital, and Personnel Committees, That the standard workweek for the position of Recording Clerk (687) (Labor Grade H-8), be increased from 35.0 to 40.0 hours per week, effective August 17, 2011. SEQR ACTION: TYPE II -20 * * * * * * * * * * * Approval of Minutes of September 6, 2011 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, to approve the minutes of September 6, 2011, as submitted. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Herrera and Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess from 8:02 p.m. The meeting reconvened at 8:10 p.m. Executive Session It was MOVED by Mr. Robison, seconded by Mr. Dennis, and unanimously adopted by voice vote, to enter into executive session at 8:10 p.m. to discuss labor negotiations. The meeting returned to open session at 8:38 p.m. Adjournment On motion the meeting adjourned at 8:38 p.m. 207 September 29, 2011 Special Meeting Call to Order Chair Robertson called the meeting to order at 8:31 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: 11 Legislators (Legislator Shinagawa arrived at 8:38 p.m.); Excused: 4 (Legislators Herrera, McBean-Clairborne, Proto, Shinagawa). Resolution 2011-168: Approving Emergency Appropriation to Enable Chemical Treatment to Eradicate the Aggressive Invasive Plant Hydrilla in Cayuga Lake Inlet (DOC ID: 2877) It was MOVED by Mr. Dennis, seconded by Mr. Burbank. Mr. Shinagawa arrived at this time. It was MOVED by Mr. Stein, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes — 5 (Legislators Dennis, Lane, McKenna, Pryor, and Stein); Noes — 6 (Legislators Burbank, Chock, Kiefer, Mackesey, Robertson, and Shinagawa). MOTION TO CALL THE QUESTION FAILED. A short roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused: 4 (Legislators Herrera, McBean-Clairborne, Proto, Shinagawa). RESOLUTION ADOPTED. WHEREAS, Hydrilla is one of the most aggressive aquatic plants to invade North America, and WHEREAS, Hydrilla verticillata has been discovered in the Cayuga Lake Inlet and, if not immediately contained, is likely to spread into a vast network of interconnected water bodies in New York State and beyond, including the Great Lakes, causing enormous environmental and economic consequences, and WHEREAS, the Tompkins County Soil and Water Conservation District (SWCD), working in concert with the New York State Department of Environmental Conservation (NYSDEC), the New York State Canal Corporation, the City of Ithaca, and Tompkins County, and after considering all alternatives, has determined that the most effective means of eradicating Hydrilla is to apply a herbicide (endothall) this year and to continue follow-up actions for at least the next five years, and WHEREAS, the SWCD estimates the cost of the initial herbicide treatment to be $91,100, and WHEREAS, $50,000 in funding for the treatment will be provided by the NYSDEC and $15,000 in product will be contributed by the herbicide manufacturer, leaving a shortfall of $26,100, and WHEREAS, the SWCD has requested the County provide funds sufficient to close that gap and thereby allow the herbicide treatment to be applied this year, and WHEREAS, in light of the urgency of applying herbicide treatment as soon as possible, the County finds that the question of the equitable distribution of costs among stakeholders is ultimately important and should be pursued, but is secondary to the need to expedite necessary action, and WHEREAS, the favorable consideration of this funding request shall not be considered a precedent or indication that the County will contribute to future treatments that are more appropriately and equitably supported by the State of New York, and WHEREAS, the favorable consideration of this funding request is conditioned upon assurances by SWCD that the treatment budget includes, and will provide for, monitoring activities necessary to assure the quality of water drawn for drinking, and WHEREAS, the County Legislature strongly encourages New York State to fully fund the cost of 208 September 29, 2011 the herbicide treatment and directs the County Administrator to seek full State reimbursement for the costs of the treatment and, in the absence of further State financial support, directs the County Administrator to seek equitable contributions from other key stakeholders, including the City of Ithaca, Cornell University, and Ithaca College to reduce the County's direct cost for the program, now therefore be it RESOLVED, That this Legislature authorizes the Director of Finance to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $26,100 TO: A8730-54400 Program Expense -Soil and Water Conservation District $26,100 SEQR ACTION: TYPE II -20 Adjournment The meeting adjourned at 9:19 p.m. * * * * * * * * * * 209 October 4, 2011 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: 15 Legislators. (Legislator Chock arrived at 6:15 p.m.) Legislator Kiefer was excused at 7:40 p.m. and Legislator Burbank was excused at 7:50 p.m. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2011-169: 2011 Assessment Roll Footings (DOC ID: 2846) MOVED by Ms. Herrera, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County desires to maintain an official record of the 2011 Final Assessment Roll, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 2012 based upon the July 1, 2011, County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE II -20 ********** Resolution 2011-170: 2011 Equalization Rate (DOC ID: 2847) MOVED by Ms. Herrera, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County Charter and Code, the Director of Assessment has submitted and recommended the adoption of equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in 2011, and for the apportionment of County taxes levied in 2012, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted: TOWN Town of Caroline Town of Danby Town of Dryden Town of Enfield AGGREGATE ASSESSED VALUATION OF TAXABLE REAL PROPERTY FOR COUNTY PURPOSES 192,843,560 246,099,831 859,288,134 166,693,534 COUNTY EQUALIZATION RATE 100 100 100 100 210 AGGREGATE FULL VALUATION OF TAXABLE REAL PROPERTY FOR COUNTY PURPOSES 192,843,560 246,099,831 859,288,134 166,693,534 Town of Groton Town of Ithaca Town of Lansing Town of Newfield Town of Ulysses City of Ithaca Totals SEQR ACTION: 247,511,092 1,272,624,731 1,145,759,622 245,478,057 436,777,635 1,518,395,421 6,331,471,617 TYPE II -20 October 4, 2011 100 100 100 100 100 100 * * * * * * * * * * 247,511,092 1,272,624,731 1,145,759,622 245,478,057 436,777,635 1,518,395,421 6,331,471,617 Resolution 2011-171: Scheduling a Public Hearing on the 2012 Tompkins County Budget and the 2012-2016 Tompkins County Capital Program (DOC ID: 2870) MOVED by Ms. Herrera, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the tentative 2012 Tompkins County Budget and the 2012-2016 Tompkins County Capital Program are scheduled to be adopted on November 15, 2011, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel 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 9, 2011, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2012 Tompkins County Budget and the 2012 - 2016 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 I1-20 ********** Resolution 2011-172: Budget Adjustment - Various Departments (DOC ID: 2882) MOVED by Ms. Herrera, 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: Health Department - Women Children Infant (WIC) Revenue Acct Title 4012.44402 Federal Aid 4012.44402 Federal Aid 4012.44402 Federal Aid 4012.44402 Federal Aid Amt $ 2,083 $ 4,000 $ 1,000 $25,000 Approp Acct 4012.54303 4012.54354 4012.54330 4012.54333 Title(s) Office Supplies Medical Supplies Printing Education and Promotion 4012.44402 Federal Aid $ 3,0004012.54332 Books Explanation: Received unbudgeted COLA funds. Use of these funds permits purchase of needed grant office supplies, medical supplies, printing for WIC outreach, promotional and advertising for WIC outreach and education, and books and publications. Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6772.41972 CHGS - Program for $ 9,447 6772.52230 Computer Software 211 October 4, 2011 Aging 6772.41972 CHGS - Program for $19,869 6772.54402 Legal Advertising Aging Explanation: NY Connects Year 5 funding in 2011 DS S Budget being used in order to partially reimburse Harmony for 2011 software expenditures. NY Connects Year 5 funding in 2011 DSS Budget being used for Advertising campaign in order to promote NY Connects long-term care services provided by Tompkins County DSS and Tompkins County Office for the Aging. SEQR ACTION: TYPE II -20 ********** Ms. Chock arrived at this time. Budget, Capital, and Personnel Committee Resolution 2011-173: Adoption of Local Law No. 2 of 2011—A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 (DOC ID: 2852) MOVED by Mr. Dennis, seconded by Ms. Kiefer. It was MOVED by Mr. Stein, seconded by Ms. Mackesey, to postpone action until October 18, 2011. It was MOVED by Mr. Lane, seconded by Mr. Burbank, to call the question. A voice vote on calling the question resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote on the amendment to postpone resulted as follow: Ayes — 4 (Legislators Mackesey, McKenna, Proto and Stein); Noes — 11. AMENDMENT FAILED. A roll call vote on the resolution resulted as follows: Ayes — 9 (Legislators Burbank, Chock, Dennis, Kiefer, Lane, Pryor, Robertson, Robison, and Shinagawa); Noes — 6 (Legislators Herrera, Mackesey, McBean-Clairborne, McKenna, Proto, and Stein). RESOLUTION ADOPTED. WHEREAS, according to New York State's new Property Tax Cap legislation, if a county government decides to adopt a county budget with a property tax levy that exceeds the level set by the State, the county government must pass a local law to override that cap, and WHEREAS, adopting said local law is not predictive of the final tax levy but will provide the Tompkins County Legislature flexibility to exceed the Property Tax Cap if it is deemed necessary, and WHEREAS, a public hearing was held before the Tompkins County Legislature on September 20, 2011, to hear all persons interested in proposed Local Law No. 2 of 2011, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Local Law No. 2 of 2011 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 is hereby adopted pursuant to subdivision 5 of General Municipal Law Section 3-c, which expressly authorizes the County Legislature to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the County Legislature, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 * * * * * * * * * * Ms. Kiefer was excused at this time. Approval of Minutes 212 October 4, 2011 It was MOVED by Mr. Proto, seconded by Mr. Robison, to approve the minutes of the September 20, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Chock and Herrera), Excused — 1 (Legislator Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 7:42 p.m. The meeting reconvened at 7:50 p.m. Mr. Burbank was excused at this time. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into an executive session at 7:50 p.m. to discuss labor negotiations. The meeting returned to open session at 8:10 p.m. Adi ournment On motion the meeting adjourned at 8:10 p.m. 213 October 18, 2011 Regular Meeting Call to Order Chair Robertson called the meeting 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 5:33 p.m. and Legislator McKenna arrived at 5:40 p.m. Mr. Stein arrived at this time. Individual Member -Filed Resolution Mr. McKenna arrived at this time. Resolution 2011-174: Sincere Appreciation - Harris B. Dates (DOC ID: 2926) It was MOVED by Mr. Proto and unanimously seconded and adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, it is appropriate to recognize individuals having a profound and positive impact on their community, and WHEREAS, it is appropriate to acknowledge those contributions, and mark their benefits to County residents as well as County governance, and WHEREAS, among such accomplishments and contributions associated with this individual are the establishment of Tompkins -Cortland Community College, then Tompkins Community Hospital's transition to the County and its building expansion, a new jail, a County library, Tompkins County Area Development's Board with guidance to the start of Cornell Research Park, groundwork for a new airport terminal, consolidation of Solid Waste facilities, restoring the Tompkins County Arts Council, and work with the Chamber of Commerce, and WHEREAS, while participating in the transition in 1970 of the Tompkins County Board of Supervisors to the Tompkins County Board of Representatives, now County Legislature, with its associated Charter, he worked to establish the more than twenty-five new departments, including Assessment consolidation, necessary to County operations, and WHEREAS, he was asked to serve as first Chairman of this new Board in 1970, doing so for several years to shepherd this transition, and returning to the Chairmanship in 1979, until his retirement in 1986, having served Tompkins County for twenty-nine years, and WHEREAS, he willingly gave of his time to oversee this transition while encouraging those of us serving with him to stay the course, always remaining the gentleman statesman he was, knowing he had the generous support of his family, now therefore be it RESOLVED, That this Legislature on behalf of the entire Tompkins County community recognizes the extraordinary contributions of Harris B. Dates, the "Country Boy from Lansing", and expresses its sincere condolences to his family and friends upon his passing on September 26, 2011. SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2011-175: Award of Request for Proposals — Purchase of Certified Home Health Agency (CHHA) Operating Certificate — Health Department (DOC ID: 2901) 214 October 18, 2011 It was MOVED by Mr. Proto, seconded by Mr. Dennis. A voice vote resulted as follows: Ayes — 11 (Legislators Burbank, Chock, Dennis, Herrera, Lane, McKenna, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 4 (Legislators Kiefer, Mackesey, McBean-Clairborne, and Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Health Department has solicited for proposals in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, two (2) proposals were received, reviewed, and evaluated based on criteria documented in the Request for Proposals Purchase of Certified Home Health Agency Operating Certificate, and WHEREAS, the review team unanimously recommends the operating certificate be awarded to HCR, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital and Personnel Committees, That the County enter into a sales agreement, pending New York State Department of Health approval, to sell the Operating Certificate for Tompkins County Home Health Care to HCR, RESOLVED, further, That the County Administrator be authorized to execute a management contract with HCR. SEQR ACTION: TYPE II -20 * * * * * * * * * * Legislator Request Ms. Chock asked for an update by e-mail on the status of the garbage transport issue that she could provide to her constituents. Budget, Capital, and Personnel Committee Resolution 2011-176: Urging Cornell University Administrators to Engage in an Open Process that is Fully Inclusive of Africana Studies and Research Center Faculty (ASRC) in the Implementation of the Realignment of ASRC (DOC ID: 2878) It was MOVED by Mr. Dennis, seconded by Mr. Shinagawa. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and Kiefer). RESOLUTION ADOPTED. WHEREAS, for over 42 years, and as this nation's first Africana Studies and Research Center (ASRC), ASRC's unique intercollegiate status has stood as a model to other Africana ethnic studies programs across the nation and the globe, and WHEREAS, a part of that model has been the building of bridges and bonds during those 42 years between ASRC's faculty, staff, and students with communities within Tompkins County, and WHEREAS, Cornell University Administration announced on June 2, 2011, that the administration would move forward with implementing its plan to move ASRC, administratively, under the College of Arts and Sciences; and that on August 29th, the Dean of Arts and Sciences announced the appointment of interim leadership to ASRC, and WHEREAS, people potentially affected by the proposed restructuring have asked to have input in entire process from concept to now implementation, and WHEREAS, Cornell's administration has met with several groups in recent months to discuss the proposed realignment, limitations of the current structure, and the merits of the proposal for ASRC and other aspects of Cornell's academic entities, and WHEREAS, members of the ASRC and of the Black community and allies of Africana have addressed the Legislature about this issue asking for the support of the Legislature, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature respectfully requests that the top administration of Cornell University 215 October 18, 2011 consider all of the implications of its realignment of the ASRC, RESOLVED, further, That given the decision to move ahead with implementation, the Tompkins County Legislature encourages Cornell's administration to commit itself to an open process with the support of the majority of ASRC's faculty in selecting its permanent leadership and strongly recommends that the Cornell administration treat the ASRC faculty with the respect they have earned and include them fully in the process of restructuring ASRC, RESOLVED, further, That a copy of this resolution be sent to Cornell University President David J. Skorton, Provost W. Kent Fuchs, Africana Studies and Research Center Director, Dean of Arts and Sciences Peter LePage, and the members of Cornell's Board of Trustees. SEQR ACTION: TYPE II -20 ********** 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 2011-177: Scheduling a Public Hearing for the Continuation of and Modifications to Agricultural District No. 1, Located on the East Side of Cayuga Lake and Encompassing the Towns of Lansing, Groton, Dryden, Caroline, and Parts of Danby and Ithaca (DOC ID: 2875) It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, under New York State Agricultural District Law, it is required that agricultural districts must be renewed every eight years, allowing landowners to apply to become a part of or to exempt all or part of their lands from the district, and WHEREAS, the County Legislature is the lead agency that must approve the formation of and changes in agricultural districts, and WHEREAS, the County is required by law to conduct a public hearing for this review and approval, and WHEREAS, for Agricultural District No. 1, a public hearing must, according to law, be conducted between November 1, 2011, and January 1, 2012, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the public hearing on the continuation of and revisions to Agricultural District No. 1, located within the towns of Lansing, Groton, Dryden, Caroline, Danby, and Ithaca, be held at the County Legislature meeting scheduled for November 15, 2011, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-178: Amendment to Resolution No. 2011-34 - Establishing a Budget for Regional Transportation Study (DOC ID: 2891) It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, Resolution 2011-34 authorized an application to the Federal Transit Administration for a Regional Transportation Study, and WHEREAS, the County has received a grant offer from the Federal Transit Administration in the amount of $200,000, and 216 October 18, 2011 WHEREAS, the budget for this project is as follows: REVENUES AMOUNT Federal Transit Administration 5003.44592 $ 200,000 NYSDOT 5003.43592 $ 25,000 Contributions from other Governments 5003.42070 $ 20,375 APPROPRIATIONS Program Expense 5003.54400 $ 245,375 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Finance Director is authorized to establish a project within the HA Fund in order to provide appropriate grant accounting for the aforementioned project. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-179: Payment of Multi -Year Tourism Capital Grants - 2011 (DOC ID: 2887) It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Tourism Program includes Tourism Capital Grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Tompkins County Tourism Program budget for Tourism Capital Grants, and WHEREAS, the Tompkins County Tourism Program and Tourism Capital Grants are funded entirely by Room Occupancy Tax, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following projects will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy Tax, and the following grant awards have been reviewed and recommended by the STPB, and WHEREAS, the Tompkins County Legislature has reviewed the following projects and has approved them for multi-year funding contingent on availability of funds and contingent upon implementation of the recipient's project as described in the contract, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to these projects: Payment Schedule for Multi -Year Grants due in 2011 Entity Project Date of Resolution Res. No. 2011 2012 2013 Cayuga Nature Center New Entrance and Attractions 5/19/09 85 $25,000 $25,000 Kitchen Theatre Bold New Space Renovation 6/16/09 104 $25,000 $25,000 $25,000 Hangar Theatre A Hangar for All Seasons Renovation 6/16/09 104 $25,000 $25,000 $25,000 Museum of the Sustainability of the Environment Exhibit 4/20/10 54 $30,000 217 October 18, 2011 Earth TOTAL $105,000 $75,000 $50,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Strategic Tourism Planning Board Ethan Ash — Arts and Culture representative; term expires December 31, 2013 Withdrawal of Resolution(s) from the Agenda Chair Robertson gave the appropriate committee chair permission to withdraw the following resolution from the agenda: Calling on the Governor and Legislature of New York State to Apply the Same Standards to Tompkins County and the Finger Lakes Watersheds that the Department of Environmental Conservation Has Indicated it Will Apply to the New York City and Syracuse Watersheds Planning, Development, and Environmental Quality Committee Resolution 2011-180: Authorizing Tompkins County to Apply for NYSERDA Cleaner, Greener Communities Regional Sustainability Planning Program Grant on Behalf of a Consortium of Southern Tier Communities (DOC ID: 2885) It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) has issued a notice of availability of planning grant funds for up to $1 million per region to develop regional sustainability plans based on the established Regional Economic Development Council regions, and WHEREAS, the focus of the grant is primarily to "improve energy efficiency throughout the community, promote renewable energy and result in reduced emissions of carbon," and WHEREAS, the applicant must be a municipality acting on behalf of a consortium of regional partners and applications are due by October 31, 2011, and WHEREAS, Tompkins County is well suited to act as applicant based on Sustainability planning efforts in this community including the Tompkins County Comprehensive Plan and the 2020 Energy Strategy, and WHEREAS, the application envisions a collaboration among counties, cities, and other municipalities in the Southern Tier as well as major roles for the two regional planning agencies, Southern Tier East Regional Planning and Development Board and Southern Tier Central Regional Planning and Development Board, and the Metropolitan Planning Organizations in Tompkins, Chemung, and Broome counties, and WHEREAS, regions with completed plans will be eligible to apply for $90 million in implementation funds in 2012, and WHEREAS, the Tompkins County Planning Department is capable of administering these funds on behalf of the County and the Region, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is authorized to apply for up to $1 million from the Cleaner, Greener Communities Regional Sustainability Planning Program on behalf of a consortium of communities and 218 October 18, 2011 regional planning agencies in the Southern Tier. SEQR ACTION: TYPE II -20 * * * * * * * * * * Ms. McBean-Clairborne was excused at 6:53 p.m. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reported on a meeting she attended last week of the Upstate Safety Coalition concerning the garbage truck issue. Ms. Chock asked for an update by e-mail that she could provide to her constituents. Recess Chair Robertson declared recess at 7:25 p.m. The meeting reconvened at 7:31 p.m. Planning, Development, and Environmental Quality Committee Resolution 2011-181: Resolution Requesting the New York State Department of Environmental Conservation or Governor to Withdraw Hydrofracturing Regulations Until After the Revised Supplemental Generic Environmental Impact Statement is Finalized (DOC ID: 2913) It was MOVED by Ms. Mackesey, seconded by Ms. Herrera. It was MOVED by Mr. Burbank, seconded by Ms. Pryor, to amend the resolution and add the following as the sixth Whereas: "Whereas, the record flooding caused by Tropical Storm Lee began on the same day that the DEC's public comment period began, and the storm damaged the very communities that are most likely to be drilled first, in the Marcellus Shale play in New York. The storm and its aftermath have required citizens and municipalities to deal with survival and rebuilding instead of studying and commenting on the dSGEIS, and they deserve more time to be able to comment, now therefore be it". It was MOVED by Mr. Lane, seconded by Mr. Stein, to Call the Question on the amendment. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Chock, Kiefer, Mackesey, and Robertson); Excused — 1 (Legislator McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes — 6 (Legislators Burbank, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 8 (Legislators Chock, Dennis, Herrera, Kiefer, Lane, Mackesey, McKenna, and Proto); Excused — 1 (Legislator McBean-Clairborne). MOTION FAILED. It was MOVED by Mr. Stein, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to Call the Question. THE QUESTION WAS CALLED. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the revised draft Supplemental Generic Environmental Impact Statement (dSGEIS) is currently under review, and WHEREAS, the Department of Environmental Conservation recently released the proposed regulations that will govern high-volume hydraulic fracturing for natural gas, and WHEREAS, towns, villages, cities, and counties were unaware that both documents would be reviewed concurrently and are already taxed with the enormity of reviewing the 1,000+ page dSGEIS alone, much less two lengthy complex documents, and WHEREAS, the Tompkins County Legislature feels it is imperative that the revised dSGEIS be properly finalized PRIOR to drafting regulations as the final SGEIS should impact how the regulations 219 October 18, 2011 are written, and WHEREAS, small rural municipalities in the center of the Utica and Marcellus Shale gas deposits are staffed sparingly and have little to no support to help them address the additional work required for these types of reviews, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature requests that the Governor and/or the Department of Environmental Conservation Commissioner withdraw the draft regulations governing high-volume hydraulic fracturing until the SGEIS is finalized in order to incorporate comments from the SGEIS review and to allow time for municipalities to properly absorb the vast amounts of information and respond accordingly. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2011-182: Budget Adjustments - Various Departments (DOC ID: 2921) It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services, the Facilities and Infrastructure, and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following transfers, budget adjustments, and appropriations on his books: Transfers: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6790.51000517 Salary $ 65 6772.54416 Membership Dues 6790.51000517 Salary $2,906 6772.52230 Computer Software 6790.51000517 Salary $1,066 6772.54424 Equipment Rental 6790.51000517 Salary $ 800 6787.54330 Printing 6790.51000517 Salary $ 200 6794. 54330 Printing 6790.51000517 Salary $ 600 6787.54472 Telephone 6796.51000559 Salary $ 745 6771.51000559 Salary 6796.51000559 Salary $ 745 6771.51000559 Salary Explanation: Transfer needed to cover increase in membership dues in Title III -B, software payment for SAMS, rental on copy machine, printing in PERS account and DD account for remainder of 2011, telephone costs in the PERS account for the remainder of 2011, salary for Aging Services Specialist for remainder of 2011. Budget Adjustments: Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.44609 Federal: TANF $5,700 6010.51000049 Salary - 20.5 FTE Project Assistants 6010.44609 Federal: TANF $ 570 6010.52230 10% Fringe Explanation: The Department of Social Services has received an additional grant allocation for the 100% TANF-funded Transitional Jobs Program 2, which provides Temporary Assistance clients with subsidized employment experience, education, and training in jobs in the public sector. We will add five weeks of service to our two current participants, and sponsor a third client from November thru June. This document adjusts our 2011 budget only. 220 October 18, 2011 Workforce Investment Board Revenue Acct Title Amt Approp Acct 6290.43790 State Aid Job Training $8,051 6290.54491 Title(s) Subcontracts Explanation: Tompkins County has received funding to operate the 2011 Summer Youth Employment Program. These funds were not budgeted in the 2011 budget because it was not known if the funds would be available in the State's budget. Funds subcontracted out to serve youth in Tompkins County. Revenue Acct Title Amt Approp Acct Title(s) 6290.44959 Federal Aid $84,305 6290.54491 Subcontracts Explanation: Tompkins County Workforce Investment Board has received funding to operate the Disability Employment Initiative. This program expands on the previously funded Disability Program Navigator. Funds subcontracted to Challenge Industries for Disability Resource Coordinator staff stationed at Workforce New York. Office of Employment and Training Revenue Acct 6292.43790 6292.43790 Title Amt State Aid Job Training $9,972 State Aid Job Training $ 997 Approp Acct Title(s) 6292.510000051 JTPA Participant 6292.58800 Fringe Explanation: Additional funding has been received for Tompkins County to operate the 2011 Summer Youth Employment Program. Expenses relating to operating the Summer Youth Employment Program. Highway Division Revenue Acct 5130.52231 5130.52233 5130.42665 Title Vehicles Highway Equipment Sale of Equipment Amt Title(s) $14.669 Automotive Fuel $16,753 Automotive Fuel $36,495 Communication Equipment Approp Acct 5130.54310 5130.54310 5130.52222 Explanation: Needed to cover fuel for the remaining year. To update communication equipment. Appropriation: Highway Division Revenue Acct Title Amt Approp Acct Title(s) DFUND Fund Balance $20,000 5111.54312 Bridge Materials DFUND Fund Balance $20,000 5110.54312 Highway Materials Explanation: Miscellaneous bridge and road repairs from 9/8/11 storm/flood damages. SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2011-183: Authorization to Increase Hours and Appropriation from Contingent Fund - County Office for the Aging (DOC ID: 2911) It was MOVED by Mr. Proto, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Office for the Aging (COFA) operates the Personal Emergency Response System (PERS) program in partnership with the Department of Emergency Response (DOER), and WHEREAS, DOER is upgrading its alarm system, which will provide needed redundancies to ensure against system failure, and WHEREAS, unforeseen circumstances related to the alarm system configuration will necessitate 221 October 18, 2011 COFA's reprogramming of 504 individual PERS machines through the County within a short time frame, and WHEREAS, temporarily repositioning current staff who are experienced with the program will allow COFA to stage the reprogramming operations most efficiently, including moving one part-time Account Clerk/Typist to fill a temporary Outreach Worker position (40 hours a week), and increasing the hours of another Outreach Worker by 3 hours a week, and one Senior Account Clerk/Typist by 7.5 hours a week effective November 1, 2011, through December 31, 2011, and WHEREAS, funds were not budgeted to provide for the reprogramming and are requested from the contingent fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the request for contingency funding be granted, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: FROM: A1990.54440 Contingent Fund $8,555 TO: A6787.51000517 Outreach Worker $6,829 A6787.51000529 Senior Account Clerk/Typist 1,313 A6787.54414 Local Mileage 413 SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Minutes It was MOVED by Mr. Proto, seconded by Ms. Pryor, to approve the minutes of the September 29, 2011, and October 4, 2011, meetings as submitted. A voice vote resulted as follows: Ayes — 11; Noes — 3 (Legislators Chock, Herrera, and Kiefer); Excused — 1 (Legislator McBean-Clairborne). MINUTES APPROVED. Recess Chair Robertson declared recess at 8:15 p.m. The meeting reconvened at 8:25 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to hold an executive session to discuss possible litigation. An executive session was held at 8:25 p.m. and returned to open session at 8:48 p.m. Adjournment The meeting adjourned at 8:48 p.m. 222 November 1, 2011 Regular Meeting Call to Order Chair Robertson called the meeting order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Legislator McBean-Clairborne arrived at 5:48 p.m. and Legislator Stein arrived at 6:19 p.m. Legislator Stein was excused at 9:03 p.m. Mrs. McBean-Clairborne arrived at this time. Mr. Stein arrived at this time. Chair's Appointment Ms. Robertson made the following appointment: Workforce Investment Board S. Diane Bradac — WIA Title I Program representative; term expires June 30, 2014 Report from the County Administrator Following Mr. Mareane's review of the Capital Program, Mr. Marx agreed to distribute the 20 - year Capital Plan. Ms. Kiefer requested the Plan reflect any changes made relating to the budget actions taken relating to the 2012 Tentative Budget and 2012-2016 Capital Program. Resolutions Approved Under the Consent Agenda MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: Resolution 2011-184: Returned School Taxes (DOC ID: 2860) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Article 13 of the Real Property Tax Law authorizes school district tax collectors to submit by November 15th a listing of unpaid taxes to the County Treasurer for enforcement, and WHEREAS, the County guarantees the school districts payment of the unpaid taxes by April 1 of the year following the return, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2012 tax rolls the amounts of the uncollected school taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director, and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 2011 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: TYPE II -20 * * * * * * * * * * 223 November 1, 2011 Resolution 2011-185: Returned Village Taxes (DOC ID: 2861) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Article 14 of the Real Property Tax Law authorizes village tax collectors to return to the County Treasurer a listing of unpaid taxes for enforcement, and WHEREAS, the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg are authorized to submit their unpaid taxes to the County for enforcement, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2012 tax rolls the amounts of the uncollected village taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the village tax collectors of the various villages to the County Finance Director, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned, and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-186: Adoption of Apportionment of Taxes for 2011 (DOC ID: 2862) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the report of equalization rates and totals (footings) of assessment rolls has been prepared and approved by the Assessment Director, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the report of the Director of Assessment be accepted and adopted, and the valuation of real property and franchise be based on the 2011 final assessed values for the purposes of general tax levied against the several tax districts of the County and that the values determined therein be set forth as the basis for such general and highway tax levies for the year 2012, RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2012 be apportioned among, assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-187: Appointment of Election Commissioner for 2012-2013 (DOC ID: 2881) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Election Commissioner Elizabeth Cree's term is due to expire December 31, 2011, and WHEREAS, the Tompkins County Republican Committee, at its September 22, 2011, meeting recommended Elizabeth W. Cree for reappointment to a two-year term, now therefore be it RESOLVED, on recommendation of the Tompkins County Republican Committee and the Government Operations Committee, That Elizabeth W. Cree be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 2012, and ending December 31, 2013. SEQR ACTION: TYPE II -20 * * * * * * * * * * 224 November 1, 2011 Resolution 2011-188: Budget Adjustment - Elections (DOC ID: 2950) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Board of Elections Revenue Acct Title Amt Approp Acct Title(s) 1450.42665 Sale of Equipment $ 2,195 1450.54400 Program Expense 1450.42797 Other Local Govt. $11,309 1450.54400 Program Expense 1450.4277 Other Misc. Revenues $ 1,077 1450.54400 Program Expense Explanation: Old voting machines were sold and money is needed for expenses related to the September Primary Election. Unexpected revenue received from school district elections utilizing new voting equipment is needed to fund September Primary Election. Extra revenue received is needed to fund the September Primary Election. SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:25 p.m. The meeting reconvened at 7:33 p.m. Planning, Development, and Environmental Quality Committee Resolution 2011-189: Adopting Revisions to Policy 01-07: Land Transactions (DOC ID: 2824) MOVED by Ms. Mackesey, seconded by Mr. Lane. It was MOVED by Ms. Chock, seconded by Mr. Burbank, to amend the policy and change the number of years for preparing regular reports on County -owned land from five to four. It was MOVED by Mr. Dennis, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes — 11; Noes — 4 (Legislators Chock, Herrera, Kiefer, and Mackesey). THE QUESTION WAS CALLED. A voice vote on the motion to amend resulted as follows: Ayes — 6 (Legislators Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, and Proto); Noes — 9 (Legislators Dennis, Herrera, Lane, McKenna, Pryor, Robison, Shinagawa, Stein, and Robertson). MOTION TO AMEND FAILED. For the record, Ms. Kiefer stated that in addition to the changes being proposed by the Planning Department in the policy, the Department had already in response to fewer staff hours implemented a change on its own. Parcels are not reviewed as early in the process when something can be identified as worth saving before the foreclosure deadline. Parcels are now reviewed much closer to the foreclosure time which means input will continue to be received, but if there is a parcel that seems worthy of saving from foreclosure there will not be time to work out a method and the parcel will have to be withheld at least for one year and taxes paid on it. The reason many thought it was important to have the report of county -owned lands brought to Legislators attention was to make each Legislator aware of what the County owns and responsible for. 225 November 1, 2011 A voice vote resulted as follows on the resolution: Ayes — 11; Noes — 4 (Legislators Burbank, Kiefer, Mackesey, and Proto). RESOLUTION ADOPTED. WHEREAS, it is the policy of the Tompkins County Legislature to have a manual of Legislative policies and administrative procedures that govern the functioning of the County organization, and to ensure that policies are up to date, and WHEREAS, Policy 01-07: Land Transactions has been revised to reflect existing regulations, directives, and current best practice, and WHEREAS, the County Administrator, Finance Director, Assessment Director, and Commissioner of Planning and Community Sustainability have participated in policy content updates and revisions, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the revisions to Administrative Policy 01-07: Land Transactions are hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2011-190: Adoption of Amendments to the 2012 Tentative Tompkins County Budget and 2012-2016 Capital Program (DOC ID: 2925) MOVED by Mr. Dennis, seconded by Ms. Mackesey. It was MOVED by Ms. Kiefer, seconded by Ms. Chock, to amend the tentative budget as follows: Restore $115,000 to the mandated Medicaid payment portion of the Department of Social Services' target budget. It was MOVED by Mr. McKenna, seconded by Mr. Stein, to postpone the amendment until after the public hearing. A voice vote resulted as follows on the motion to postpone: Ayes — 3 (Legislators Herrera, McKenna, and Proto); Noes — 12. MOTION TO POSTPONE FAILED. It was MOVED by Mr. Dennis, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Robertson); Noes — 10. AMENDMENT FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Stein, to amend the Highway Materials Budget as follows: to approve a two-year target increase of an additional $400,000 in 2012 and another $400,000 in 2013. A voice vote resulted as follows on the amendment: Ayes — 2 (Legislators Burbank and Kiefer), Noes — 13. AMENDMENT FAILED. A roll call vote on the resolution resulted as follows: Ayes — 12; Noes — 3 (Legislators Chock, Kiefer, and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, amendments to the 2012 tentative budget and 2012-2016 capital program were recommended and filed by the Expanded Budget, Capital, and Personnel Committee on October 26, 2011, and WHEREAS, a public hearing is scheduled for November 9, 2011, 7:00 p.m., at the Legislative Chambers, now therefore be it RESOLVED, on recommendation of the Expanded Budget, Capital, and Personnel Committee, That the 2012 Tentative Budget and 2012-2016 Capital Program submitted by the County Administrator is hereby amended in accordance with the recommendations of the Expanded Budget and Capital Committee, the action taken by this Legislature on this date, and the Rules of the County Legislature and Article 7 of County Law, for a total tax levy amount of $42,220,798, resulting in an approximate tax -levy increase of 3.99 percent and a county -wide average tax -rate increase of 3.1 percent, 226 November 1, 2011 RESOLVED, further, That this action also results in an increase of $31.85 on an average home valued at $160,000, and is 1.07 percent above the estimated 2.92 percent Property Tax Cap, RESOLVED, further, That this amended tentative budget will be presented at the November 9, 2011, Public Hearing on budget. SEQR ACTION: TYPE II -21 * * * * * * * * * * Resolution 2011-191: Ratification of the Bargaining Agreement - Civil Service Employee Association, Inc., AFSCME, Local 1000, AFL-CIO, Tompkins County Local 855 (DOC ID: 2958) MOVED by Mr. Dennis, seconded by Mr. Robison. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County's CSEA White Collar employees have been working without a contract since January 1, 2010, and WHEREAS, the County and the union have been negotiated and agreed upon a collective bargaining agreement to succeed the agreement that expired December 31, 2009, and WHEREAS, the tentative agreement specifies a change in the prescription drug formulary and salary increases, now therefore be it RESOLVED, on recommendation of the Negotiating Committee, That the collective bargaining agreement between Tompkins County and Civil Service Employee Association, Inc., AFSCME, Local 1000, AFL-CIO, Tompkins County Local 855, is hereby ratified for the five-year period from January 1, 2010, through December 31, 2014, RESOLVED, further, That said agreement includes the following: • Salary increases will be zero percent from January 1, 2010, through December 31, 2011; Effective January 1, 2012, a one time cash payment that does not add to base wages of one thousand two hundred and fifty dollars for full time employees and pro -rated accordingly for part time employees; Effective January 1, 2013, a two percent salary increase from 2010 base wages; and Effective January 1, 2014, a two percent salary increase from 2013 base wages. RESOLVED, further, That effective January 1, 2013, the prescription drug coverage employee co -payment for employees covered by this agreement shall increase to the following levels: • Effective January 1, 2013 - $5 (generic), $15 (preferred brand name), $30 (non -preferred brand name); • Effective July 1, 2014 - $5 (generic), $20 (preferred brand name), $35 (non -preferred brand name). RESOLVED, further, That shift premium payments shall increase from $0.85/hour to $1.00/hour effective January 1, 2012, RESOLVED, further, That members will be provided access to vision and dental coverage through the Greater Tompkins County Municipal Health Insurance Consortium effective January 1, 2012 (individual members who elect this coverage shall pay 100% of their premium for vision and dental coverage through payroll deduction). SEQR ACTION: TYPE II -20 ********** Resolution 2011-192: Adopting Revisions to Policy 01-00: Minutes of Meetings of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature (DOC ID: 2935) MOVED by Mr. Lane, seconded by Mr. McKenna. It was MOVED by Mr. Burbank, seconded by Ms. Mackesey, to amend the policy and add the following paragraph: 227 November 1, 2011 "Availability of Meeting Notes Notes of Legislative and Legislature Standing and Special Committee meetings shall be marked "Draft" and posted on-line for the public within two business days of completion. After the forty-five day period for modification has elapsed, the Notes plus any additions/corrections and the word "draft" removed shall be posted on-line in a searchable format for the public." It was MOVED by Ms. Pryor, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows: Ayes — 12; Noes — 3 (Legislators Burbank, Chock, and Shinagawa). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment to the policy: Ayes — 10; Noes — 5 (Legislators Dennis, Herrera, Proto, Robison, and Stein). AMENDMENT CARRIED. It was MOVED by Mr. Proto, seconded by Ms. Mackesey, to postpone action on the resolution to the next meeting. It was MOVED by Mr. Dennis, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote resulted as follows to Postpone action: Ayes — 6 (Legislators Burbank, Kiefer, Mackesey, McBean-Clairborne, Proto, and Robison); Noes — 9 (Legislators Chock, Dennis, Herrera, Lane, McKenna, Pryor, Robertson, Shinagawa, and Stein). MOTION TO POSTPONE FAILED. It was MOVED by Ms. Chock, seconded by Ms. Kiefer, to amend the policy as follows: Add as second bullet in Legislative Policy Statement: • Provide a record of input from members of the public, stakeholders, and advisory boards that help to inform such actions; Change second paragraph in Guidelines section to read: 2. Minutes will include only resolutions, motions proposed, actions taken, input provided by members of the public, stakeholders, and advisory boards, and any statement that a member of the Legislature specifically requests to be included. Change second paragraph in Standards for Preparing Meeting Minutes section to read as follows: 2. Where the group allows Privilege of the Floor for the Public, there should be included a list of the names of the person(s) who spoke, and his/her topic of discussion and a short summary of his/her position regarding that topic. Add the following paragraph as paragraph 8 to Standards for Preparing Meeting Minutes section: 8. Each set of minutes should a record of statements made by members of the public, stakeholders, and advisory board members when they participate in discussion. A voice vote resulted as follows on the amendment: Ayes — 2 (Legislators Chock and Kiefer), Noes — 13. AMENDMENT FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to amend the policy as follows: Comments and Additions to the Meeting Notes Legislators and staff present at the meeting can submit comments or additions to the meeting Notes. Persons with comments or additions will need to identify the original agenda item, section, and line number of the Notes to which the additions or comments refer. Comments or additions must be submitted to the staff person who prepared the minutes. This staff person will give the comment or addition a number and shall add the same number as a footnote at the referenced section and line of the original with the submitter's name and identification in parentheses; the comment or addition shall be appended to 228 November 1, 2011 the end of the notes. Comments and additions may be accepted up to 45 days after the notes are distributed. A voice vote resulted as follows on the amendment: Ayes — 9 (Legislators Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Robertson, Robison, Shinagawa, and Stein); Noes — 6 (Legislators Dennis, Herrera, Lane, McKenna, Proto, and Pryor). AMENDMENT CARRIED. It was MOVED by Ms. Kiefer, seconded by Ms. Chock, to amend the policy and add the following paragraph to the guidelines section as follows: "This policy shall be revisited in April 2012, after a one-year trial, to evaluate how satisfactorily the changes are working." It was MOVED by Mr. Dennis, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Chock, Kiefer, and Mackesey). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes — 2 (Legislators Chock and Kiefer), Noes — 13. AMENDMENT FAILED. It was MOVED by Mr. Dennis, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes 10; Noes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Proto). THE QUESTION WAS CALLED. A voice vote resulted as follows on the resolution and policy as amended: Ayes — 12; Noes — 3 (Legislators Chock, Kiefer, and Proto). RESOLUTION ADOPTED. WHEREAS, it is the policy of the Tompkins County Legislature to have a manual of Legislative policies and administrative procedures that govern the functioning of the County organization, and to ensure that policies are up to date, and WHEREAS, Policy 01-00: Minutes of Meetings of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature has been revised to establish procedures and standards for preparing meeting minutes to ensure consistency and to facilitate content accuracy, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That revisions to Administrative Policy 01-00: Minutes of Meetings of the Legislature, Legislative Standing Committees, and Special Committees of the Legislature are hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Mr. Stein was excused at this time. Ms. Chock stated the following for the record "Legislator Chock believes the public deserves a complete thorough embedded record of the thinking behind the Legislature's actions and don't feel what we passed tonight serves the interest of the public". Ms. Kiefer stated the following for the record "I am really embarrassed to be a member of a deliberative legislative body that cannot bring itself to carry out a very basic duty of deliberating and passing on minutes that include a summary of its own deliberations. That short changes the public in the present, it short changes the public in the future". Approval of Minutes MOVED by Mr. Proto, seconded by Mr. Dennis, to approve the minutes of the October 18, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 11; Noes — 3 (Legislators Chock, Kiefer, and Robison); Excused — 1 (Legislator Stein). MINUTES APPROVED. 229 Recess November 1, 2011 Ms. Robertson declared recess at 9:12 p.m. The meeting reconvened at 9:22 p.m. Executive Session MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to hold an executive session at 9:22 p.m. to discuss a personnel matter and labor negotiations. The meeting returned to open session at 9:50 p.m. Adjournment The meeting adjourned at 9:50 p.m. 230 November 9, 2011 Public Hearing Public Hearing - Proposed 2012 Tompkins County Budget and the 2012-2016 Tompkins County Capital Program Present: 14 Legislators (Legislator Kiefer arrived at 7:05 p.m.). Excused — 1 (Legislator McBean- Clairborne). Ms. Robertson called the public hearing to order at 7:00 p.m. concerning the proposed 2012 Tompkins County Budget and the 2012-2016 Tompkins County Capital Program and asked if anyone wished to speak. Ms. Kiefer arrived at this time. The following individuals spoke and thanked and expressed their appreciation to the Legislature for their support: Sue Dale -Hall, Town of Ithaca resident and Child Development Council representative Neil Oolie, City of Ithaca resident and Loaves and Fishes representative Tommy Miller, Local Catholic Charities Nancy Burston, Town of Enfield resident and Human Services Coalition representative No one else wished to speak and the public hearing was closed at 7:12 p.m. Adi ournment The meeting adjourned at 7:12 p.m. 231 November 15, 2011 Regular Meeting Public Hearing — Agricultural District No. 1 Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the Continuation and Modifications to Agricultural District No. 1, Located on the East Side of Cayuga Lake and Encompassing the Towns of Lansing, Groton, Dryden, Caroline, and Parts of Danby and Ithaca (ID# 2982). Ms. Teeter, Cooperative Extension, provided an overview of the proposed revisions and noted a resolution regarding the proposal will come to the Legislature in early 2012. Mr. Shinagawa arrived at 5:32 p.m. There were no other individuals wishing to speak and the hearing was closed at 5:35 p.m. Call to Order Chair Robertson called the meeting order at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators (Legislator Stein arrived at 5:40 p.m.). Mr. Stein arrived at this time. Distinguished Youth Award Mr. Stein recognized Johanna Little as this month's Tompkins County Distinguished Youth. Addition of Resolution(s) to the Agenda MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote, to add the resolution entitled "Urging Passage of Senate Bill 5.5889-B and Assembly Bill A.8644 that Would Implement a Multi -Year State Takeover of the Local Share of Medicaid (DOC ID: 2991)" to the agenda. RESOLUTION ADDED. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted Mr. Proto permission to withdraw the resolution entitled "Approval of Amended Bylaws for Tompkins County Youth Services Board (ID# 2975)" from the agenda. RESOLUTION WITHDRAWN. Resolutions Approved Under the Consent Agenda MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: Resolution 2011-193: Budget Adjustment - Various Departments (DOC ID: 2989) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. 232 November 15, 2011 WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Public Safety and Health and the Human Services Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Probation and Community Justice Revenue Acct Title Amount Approp. Account Title(s) 3142.42771 Interdepaitmental Revenue -$52,453 3142.51000597 Sr. Probation Officer 3142.42771 Interdepartmental Revenue -$26,961 3142.58800 Fringe Explanation: No Probation staff assigned to DSS Family Treatment Court Program effective 3/12/11. Office for the Aging Revenue Acct Title 6773.44772 Federal Revenue Amount Approp. Account Title(s) $8,334 6773.54400 Program Expense Explanation: Revenue increase for Community Living Program. Revenue Acct Title Amount Approp. Account Title(s) 6793.44772 Federal Revenue $5,000 6793.54491 Subcontract Explanation: Revenue increase for HIICAP Program. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-194: Budget Adjustment - Emergency Response (DOC ID: 2979) MOVED by Mr. Proto, seconded by Ms. Chock, 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 Public Safety Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Emergency Response Revenue Acct Title Amount Approp. Account Title(s) 3411.42681 Legal Settlements $30,000.00 3411.54311 Maintenance 3411.42681 Legal Settlements $30,000.00 3411.54425 Service Contracts 3411.42681 Legal Settlements $37,923.23 3411.52222 Communications Equipment Explanation: Relocation expenses have been secured from a telecommunications company that has been awarded radio frequencies previously utilized by Tompkins County. The licensed systems must be moved in an expedited fashion to the new system with costs fully reimbursed; including system maintenance costs related to retirement of Legacy communications sites and relocation of equipment and systems components; to complete demobilization of former Legacy radio tower sites and shelters; structures removed; to complete replacement of microwave link of Legacy site for Statewide interoperable communications; spare equipment for recently completed communication sites. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-195: Allow New York State Department of Transportation to Use CR135, Cayuta Road, as a Detour in Calendar Year 2012 (DOC ID: 2927) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. 233 November 15, 2011 WHEREAS, the New York State Department of Transportation (NYSDOT) proposes to reconstruct the State Route 224 over Cayuta Creek Bridge, in the Town of Cayuta, Schuyler County, NYSDOT project identification number 6017120, and WHEREAS, in conformance with Section 40 of the New York State Highway Law, the NYSDOT proposes to utilize the following road as a detour during the period of construction: Tompkins County Route 135, also known as Cayuta Road, between Tompkins/Schuyler County Line and State Route 13, and WHEREAS, the NYSDOT will provide traffic -control devices and make improvements to CR135, Cayuta Road, prior to and during its use as a State detour, to make it adequate to handle additional detour traffic, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature does hereby authorize the NYSDOT to utilize CR135, Cayuta Road, during 2012, as a detour during the period of construction, RESOLVED, further, That the County of Tompkins will continue to provide routine maintenance on CR135, Cayuta Road, including snow and ice control but excluding traffic control, RESOLVED, further, That the County of Tompkins will own and maintain the permanent improvements on CR135 Cayuta Road, RESOLVED, further, That the Clerk of the Tompkins County Legislature is hereby directed to transmit five (5) certified copies of the Resolution to the NYSDOT. SEQR ACTION: TYPE I1-15 ********** Resolution 2011-196: Authorizing Acceptance of a New York State Department of Transportation (NYSDOT) Grant to Perform Sustainable Master Plan Update (Phase II- GIS Component) - Ithaca Tompkins Regional Airport PIN 3902.20) (DOC ID: 2938) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $2,025 to assist with the above-mentioned project, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $76,950.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 2,025.00 Airport Budget (2.5%) Account No. HT 5601.45031 $ 2,025.00 Total $81,000.00 , and WHEREAS, the local share of $2,025 has been factored into the 2011 Airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $2,328.75 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is hereby accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 1I-2 * * * * * * * * * * Resolution 2011-197: Authorizing Acceptance of a New York State Grant to Acquire and Refurbish Friction -Measuring Equipment - Ithaca Tompkins Regional Airport (PIN 3902.21) (DOC ID: 2939) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. 234 November 15, 2011 WHEREAS, Resolution No. 2011-041, dated March 22, 2011, accepted a grant offer from the Federal Aviation Administration (FAA) in the amount of $28,500 to acquire and refurbish friction - measuring equipment, and WHEREAS, said friction -measuring equipment is a vital component in determining safe operating conditions for aircraft operations at the Ithaca Tompkins Regional Airport during the winter months, and WHEREAS, the County has received a grant offer from the New York State Depth tment of Transportation (NYSDOT) in the amount of $750 to assist with the above-mentioned project, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $28,500.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 750.00 Airport Budget (2.5%) Account No. HT 5601.45031 $ 750.00 Total $30,000.00 , and WHEREAS, the local share of $750 has been factored into the 2011 Airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $862.50 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is hereby accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2011-198: Authorizing Acceptance of a New York State Grant to Construct Sand Storage Building - Ithaca Tompkins Regional Airport (PIN 3902.22) (DOC ID: 2940) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $40,600 to assist with the above-mentioned project, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $1,542,800.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 40,600.00 Airport Budget (2.5%) Account No. HT 5601.45031 $ 40,600.00 Total $1,624,000.00 , and WHEREAS, the local share of $40,600 has been factored into the 2011 Airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $46,690 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is hereby accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2011-199: Authorizing Acceptance of a New York State Grant to Perform Engineering Design for the Rehabilitation of the Terminal Ramp - Ithaca - Terminal Ramp Rehabilitation (Design) (PIN 3902.23) (DOC ID: 2941) 235 November 15, 2011 MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has received a grant offer from the New York State Depaltlnent of Transportation (NYSDOT) in the amount of $6,125 to assist with the above-mentioned project, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $232,750.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 6,125.00 Airport Budget (2.5%) Account No. HT 5601.45031 $ 6,125.00 Total $245,000.00 , and WHEREAS, the local share of $6,125 has been factored into the 2011 Airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $7,043.75 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is hereby accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 1I-2 * * * * * * * * * * Resolution 2011-200: Authorizing Acceptance of a New York State Grant to Construct Apron Expansion (Approx. 40,000 Sq. Ft.) - (Phase III) - Ithaca Tompkins Regional Airport (DOC ID: 2942) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $31,175 to assist with the above-mentioned project, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $1,184,650.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 31,175.00 Airport Budget (2.5%) Account No. HT 5601.45031 $ 31,175.00 Total $1,247,000.00 , and WHEREAS, the local share of $31,175 has been factored into the 2011 Airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $35,851.25 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is hereby accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 1I-2 * * * * * * * * * * Resolution 2011-201: Establishing a Budget for Two Federal Transit Administration Capital Projects - Replacement Paratransit Buses for GADABOUT, Inc., and Wheelchair -Accessible Taxi for Ithaca Dispatch, Inc. (DOC ID: 2956) MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 95 of 2009 authorized an application to the Federal Transit 236 November 15, 2011 Administration for capital projects including replacing 10 paratransit buses for GADABOUT for $600,000, and WHEREAS, Resolution No. 148 of 2008 authorized an application to the Federal Transit Administration for operating and capital projects including the purchase of one wheelchair accessible taxi vehicle, and WHEREAS, Resolution 2011-134 awarded a bid to purchase one wheelchair accessible taxi vehicle to MV Sales & Leasing for $45,984, and WHEREAS, the County received two grants from the Federal Transit Administration for these projects, for the amounts as shown: FTA Grant FTA State Operator Total NY -95-X017 GADABOUT buses $480,000 $60,000 $60,000 $600,000 NY -90-X608 W/C Taxi $50,000 $12,500 $62,500 Total $530,000 $60,000 $72,500 $662,500 and WHEREAS, the budget for this project is as follows: REVENUES: Federal Transit Administration NYSDOT Contributions from operators AMOUNT $ 530,000 $ 60,000 $ 72,500 APPROPRIATIONS: Program Expense $ 662,500 , now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Finance Director is authorized to establish a project within the HA Fund in order to provide appropriate grant accounting for the aforementioned project. SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointment Approved Under the Consent Agenda MOVED by Mr. Proto, seconded by Ms. Chock, and unanimously adopted by voice vote, to approve the following appointment under the Consent Agenda: Downtown Ithaca Alliance Leslyn McBean-Clairborne, Legislator — Class C Director (Delegate); term expires April 15, 2013. Health and Human Services Committee Resolution 2011-202: Appropriation from Contingent Fund for Terminal Pay - Health Department (CSCN) (DOC ID: 2976) MOVED by Mr. Proto, seconded by Mr. Burbank. A short roll call resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Health Department had a Community Health Nurse resign her employment effective August 31, 2011, and WHEREAS, the Fiscal Policy or Tompkins County allows for reimbursement of terminal pay through the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the 237 November 15, 2011 following budget appropriation: FROM: A1990.54440 Contingent Fund $ 8,596 TO: A4047.51000580 Community Health Nurse $ 5,678 A4047.58800 Fringes $ 2,918 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-203: County Health Department Activities Associated with Gas Drilling in the Marcellus Shale, Utica Shale and Other Low -Permeability Gas Reservoirs in New York State (DOC ID: 2983) MOVED by Mr. Proto, seconded by Ms. Mackesey. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, there is significant public concern about potential environmental and human health impacts associated with natural gas drilling in the Marcellus Shale, Utica Shale, and other low - permeability gas reservoirs, and WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) released a revised draft Supplemental Generic Environmental Impact Statement (SGEIS) concerning natural gas drilling in these formations, and WHEREAS, Chapter 6 of the draft SGEIS addresses potential impacts and Chapter 7 addresses potential mitigation measures that may affect public health including private and public water supplies, noise, air pollution, emergencies, and socioeconomic impacts, and WHEREAS, Section 7 of the draft SGEIS requires testing of water supply wells near natural gas wells and identifies county health departments as having primary responsibility for investigating complaints and determining whether contamination is related to gas drilling, and WHEREAS, the Environmental Health and Public Health professionals in New York State county health departments have responsibility at a local level for ensuring the safety of drinking water supplies and responding to a broad range of public health impacts, emergencies, nuisance complaints, including air and water contamination, chemical spills, and radiation hazards, and WHEREAS, local health departments are the primary point of contact for members of the public that have or are concerned that they may have a health-related impact or nuisance impact caused by a gas drilling activity, and WHEREAS, county health departments will experience a substantial increase in workload in connection with gas drilling activities, requiring an estimated addition of 1 to 2 full-time qualified staff to each department in addition to existing resources, and WHEREAS, without additional financial support, the workload from these impacts will be a new unfunded mandate from the State in fiscally difficult times, and WHEREAS, funding needed to support appropriate multiple -agency oversight can and should be derived from the gas well permit fees and not be a burden borne by county and state taxpayers, and WHEREAS, NYSDEC Commissioner Martens established a High -Volume Hydraulic Fracturing Advisory Panel to consider these issues and this panel does not have representatives from county health departments, and WHEREAS, the New York State Department of Health presented resource needs to the Advisory Panel that did not include the needs of county health departments, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature requests that representatives from local health departments be directly involved in determining procedures, processes, and funding requirements for those aspects of gas drilling oversight that affect county health departments, RESOLVED, further, That the Tompkins County Legislature requests that NYSDEC Commissioner Martens require the High -Volume Hydraulic Fracturing Advisory Panel to obtain input directly from county health depai tiuents concerning potential impacts and resource needs for gas drilling 238 November 15, 2011 oversight that affect county health departments, RESOLVED, further, That the Tompkins County Legislature requests that the Governor and the New York State Legislature establish financial resources to cover the entire cost of public health oversight and a contract or other mechanism to transfer needed funds to county health departments, RESOLVED, further, That the Tompkins County Legislature requests that the Governor direct NYSDEC Commissioner Martens to negotiate procedures and a formal agreement such as a Memorandum of Understanding (MOU) between NYSDEC and involved county health departments that adequately outlines the roles and responsibilities of both NYSDEC and county health departments in the investigation and resolution of complaints related to gas drilling and impacts to water resources and public and private drinking water supplies, RESOLVED, further, That the Tompkins County Legislature requests that the aforementioned requests be completed prior to permitting of gas wells in the Marcellus Shale or other low -permeability formations, RESOLVED, further, That a copy of this resolution shall be sent as a hard copy to Governor Cuomo, New York State Senators Skelos, Kolb, O'Mara, Seward, and Nozzolio, Speaker Silver, Assemblywoman Lifton, Chair of Senate Committee on Environmental Conservation Grisanti, Chair of Senate Committee on Local Governments (via Andrea Stewart -Cousins), Chair of Senate Committee on Health (via Thomas Duane), Chair of Assembly Committee on Environmental Conservation Sweeney, Chair of Assembly Committee on Health (via Richard Gottfried), Chair of Assembly Committee on Local Government (via William Magnarelli), Member of Assembly Committee on NYSDEC Oversight (via Daniel Burling), New York State Association of Counties and an electronic copy to New York State Association of State County Health Officials (NYSACHO), New York State Conference of Environmental Health Directors, Tompkins County Planning, Tompkins County Water Resources Council, Tompkins County Environmental Management Council (EMC), Tompkins County Council of Governments (TCCOG), Tompkins County Soil and Water Conservation District (TCSWCD), Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC - Bolton Point), Ithaca Journal, Ithaca Times, Tompkins County Board of Health, and City of Ithaca Mayor Peterson. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-204: Authorization to Submit Application and Fee to New York State Department of Health for a Licensed Home Care Services Agency (LHCSA) Operating Certificate - Health Department (DOC ID: 2977) MOVED by Mr. Proto, seconded by Ms. Kiefer. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County has made the decision to divest of its Certified Home Health Agency, and WHEREAS, the Health Department is required to submit an application and fee ($2,000) to New York State Department of Health to become a Licensed Home Care Services Agency in order to maintain and provide public health services in client homes, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the department submit said application and fee for approval to New York State Department of Health, RESOLVED, further, That no additional funds are required to complete this application. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-205: Urging Passage of Senate Bill S.5889 -B and Assembly Bill A.8644 that Would Implement a Multi -Year State Takeover of the Local Share of Medicaid (DOC ID: 2991) 239 November 15, 2011 MOVED by Ms. Herrera, seconded by Mr. Proto. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, when State lawmakers, including Senators Seward, Nozzolio, and O'Mara, enacted a property tax cap, they pledged to also enact mandate relief that would enable and empower local leaders to implement that tax cap, but that mandate relief has not materialized, and WHEREAS, at a local state-wide cost of $7.3 billion, Medicaid is the number one mandate facing counties, and WHEREAS, Tompkins County property taxpayers will pay approximately $11.6 million in State Medicaid costs in 2011, and WHEREAS, if a State takeover of Medicaid is enacted, County property taxes could be reduced by over 28% percent, and WHEREAS, Senate Bill S.5889-B/Assembly Bill A.8644 would require State legislators to take full fiscal responsibility for New York's largest -in -the -nation Medicaid program, by implementing an eight-year (8) gradual takeover of county Medicaid costs, and WHEREAS, State lawmakers can fund the takeover with a combination of Medicaid program reforms, state -derived savings, and other spending controls, including applying the State's Medicaid Redesign Team reform savings to mandate relief and pursuing a Federal Medicaid waiver to leverage State cost-containment initiatives that can be applied to obtain property tax relief, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature hereby calls on State lawmakers to keep their promise, by enacting Senate Bill S.5889-B/Assembly Bill A.8644 into law to provide property tax relief for citizens of New York State, in the form of an eight-year State takeover of county Medicaid costs, RESOLVED, further, That certified copies of this Resolution be forwarded to the Governor Andrew Cuomo, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senators Seward, Nozzolio, and O'Mara, Assemblywoman Barbara Lifton, all New York State Counties, Tompkins County Chamber of Commerce, New York State Farm Bureau, and the New York State Association of Counties. SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2011-206: Authorization to Execute a Supplemental Agreement with Erdman Anthony and Associates, Inc., for Design Services — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, Town of Ithaca - PIN 3950.41 (DOC ID: 2961) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Resolution No. 227 of 2007 authorized an agreement between Tompkins County and the New York State Department of Transportation to fund historic rehabilitation of the bridge carrying Forest Home Drive, over Fall Creek (BIN 3047450) in the Town of Ithaca, (the Project), with an average vehicle usage of 9,225 vehicles per day in 2008, and WHEREAS, Resolution No. 228 of 2007 authorized execution of a contract with Erdman Anthony and Associates, Inc., of 2165 Brighton Henrietta Town Line Road, Rochester, NY, for design services in connection with the Project, for an amount not to exceed $200,000, and WHEREAS, Resolution No. 79 of 2010 authorized granting design approval of the Project, which was subsequently approved by the New York State Depai intent of Transportation and the Federal 240 November 15, 2011 Highway Administration, and WHEREAS, the process of design development included several years of public scrutiny and numerous complexities that were not envisioned at project inception that have resulted in increased costs for the Project's design services, and WHEREAS, the Ithaca Tompkins County Transportation Council is adjusting the Transportation Improvement Program, thereby increasing the project budget and making additional expenditures eligible for 80% federal and 15% state reimbursement, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Erdman Anthony and Associates, Inc., of 2165 Brighton Henrietta Town Line Road, Rochester, NY, for additional design services in connection with the referenced project for an amount not to exceed $115,000, for a total contract amount not to exceed $315,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned total contract amount, funds to be provided from capital account HZ5103.53.14 (Forest Home Bridge Capital Project Account) and operating account D5111.54411 (Bridge Contracts). SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2011-207: Establishing a Unit Charge for the 2012 Solid Waste Annual Fee (DOC ID: 2981) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, the unit charge for the 2012 Solid Waste Annual Fee has been recommended by the Facilities and Infrastructure Committee, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Unit Charge for the 2012 Solid Waste Annual Fee be established at $56.00 per billing unit, which is the same as the 2011 Solid Waste Annual Fee. ATTACHMENT A: SCHEDULE OF RATES PROPERTY CLASS 'USED AS' CODE (A) Single-family residences Mobile Homes Churches Unit Charge: 210,240,241,242,250,280 270,271,416 One billing unit per church or living unit Z32 (B) Two-family residences and other residences with two living units All 220's Unit Charges: Two billing units, except if verified as owner occupied and used as a single unit, the charge is one billing unit. (C) Multi -unit residences 241 November 15, 2011 3 or more units 230's Apartments Rooming houses: 418 2.5 beds = 1 billing unit Unit Charges: One billing unit per living unit A01 - A07 (D) Colleges & Schools: All tax-exempt parcels owned by the colleges Unit Charges: Tompkins Cortland Community College Cornell University Ithaca College BOCES Dryden Central Schools Total Schools: $ 23,603.00 $179,993.00 $ 40,014.00 $ 25,022.00 $ 4,467.00 $273,099.00 (E) Recreation and Warehouse (except row storage) Unit Charges: $0.0208/sq.ft. All K's, Z01 -Z11, Z19 -Z26, FO1- F04, F06, F07,F08 F10, Fil (F) Wholly Exempt Homes for the Aged Wholly Exempt Other Health Care Facilities 642 633 Unit Charges: $0.0208/sq.ft. (G) All other All property classes and 'used as' codes not listed elsewhere in a specific category Unit Charges: $0.0415/sq.ft. (H) Seasonal Residences 260 Property must be classified as a seasonal residence by the Tompkins County Assessment Dept. Unit Charge: One-half (1/2) billing units per living unit. (I) No fee assessed: Row storage Small churches (under 20 weekly attendance) Non -contributive area Local government - all tax exempt parcels owned by the city, towns, villages, and county within Tompkins County. F05 Z98 SEQR ACTION: TYPE I1-20 * * * * * * * * * * 242 November 15, 2011 Recess Ms. Robertson declared recess at 7:30 p.m. The meeting reconvened at 7:38 p.m. Government Operations Committee Resolution 2011-208: Appropriation from Contingent Fund to Develop a "Smart Work" Training Program for Tompkins County Planning Department (DOC ID: 2871) MOVED by Mr. Lane, seconded by Mr. McKenna. A short roll call vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the adopted 2011 Tompkins County Budget earmarked contingent funding for "Smart Work Training," 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 employees with relief from stress, and maintain or improve services to citizens, and WHEREAS, the Smart Work Training process has now been applied in several County operations as well as at TC3, with positive results in the form of streamlined operations and improved customer service reported by both staff and managers, and WHEREAS, the County's Planning Department desires to apply Smart Work Training to advance its goal of becoming a more paperless office, allowing highly -efficient utilization of data and documentation that are integral to the operation of a planning agency, and WHEREAS, the training is expected to cost approximately $5,500, and WHEREAS, at the completion of these initial training projects, the County Administrator and Planning Depaitment will report the results of the training to the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the Director of Finance is authorized to make the following appropriation from the Contingent Fund to reflect the additional spending authority: From: Contingent Fund 1990.54400 Program Expense $5,500 To: In-service Training 1987.54442 Professional Services $5,500 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-209: Appropriation from Contingent Fund to Support the Tompkins County Council of Governments Public Hearing on the New York State Department of Environmental Conservation's DSGEIS on Hydrofracking (DOC ID: 2990) MOVED by Mr. Lane, seconded by Mr. Dennis. MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, to call the question. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and Kiefer). THE QUESTION WAS CALLED. A short roll call on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in December 2009 the Tompkins County Council of Governments (TCCOG) held a public hearing on the Department of Environmental Conservation's (DEC) draft Supplemental Generic Environmental Impact Statement (dSGEIS) on high volume slickwater hydraulic fracturing with horizontal drilling for natural gas in the Marcellus and Utica shales, and formally submitted the comments made at the hearing to the DEC for their review, and 243 November 15, 2011 WHEREAS, Tompkins County supported that hearing financially and with in-kind support, and WHEREAS, the DEC is now accepting public comment on its 2011 revised dSGEIS, through December 12, 2011, and while the DEC has scheduled public hearings in other parts of the State, there will be none within the Finger Lakes Region, and WHEREAS, once again, to facilitate participation in the commenting process, TCCOG is sponsoring an additional public hearing for citizens within Tompkins County and the Finger Lakes Region to make comments on the 2011 revised dSGEIS, and will submit all comments to the DEC as part of the public review of the documents, and WHEREAS, the hearing will be held on December 1, 2011, at the State Theatre in Ithaca, and a court stenographer will officially record all comments made, and WHEREAS, there is no TCCOG budget to cover the costs for the venue and stenographer, and individual municipalities are considering voluntary contributions to make the hearing possible, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the Finance Director is authorized to make the following budget adjustment from the Contingent Fund to provide support for an additional public hearing on the Department of Environmental Conservation's (DEC) draft Supplemental Generic Environmental Impact Statement (dSGEIS) on high volume slickwater hydraulic fracturing with horizontal drilling for natural gas: FROM: 1990.54400 Contingent Fund $500 TO: 1010.54400 Legislature Program Expense $500 SEQR ACTION: TYPE II -20 ********** Budget, Capital, and Personnel Committee Resolution 2011-210: Adoption of 2012 Tompkins County Budget and 2012-2016 Tompkins County Capital Program (DOC ID: 2988) MOVED by Mr. Dennis, seconded by Mr. Lane. A roll call vote on the resolution resulted as follows: Ayes — 13 (Legislators Burbank, Chock, Dennis, Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the tentative Budget for the year 2012 and the proposed 2012-2016 Capital Program have been presented to the Legislature by the Budget Officer on September 6, 2011, and a revised tentative budget for the year 2012 and the proposed 2012 - 2016 Capital Program were adopted by the Legislature for public review on November 15`, and a public hearing was held on November 9, 2011, and all persons desiring to be heard concerning same have been heard, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That pursuant to Section 5.07 of the County Charter, the said proposed budget as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and the Budget Officer, as the budget of Tompkins County for the year 2012, RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the several amounts specified in such budget opposite each item of expenditure set forth in the column adopted are appropriated for the objects and purposes specified, effective January 1, 2012, RESOLVED, further, That the sum of $42,220,798 required to meet the local share of expenses and costs of county government in Tompkins County for the fiscal year 2012 as set forth in the budget be assessed against, levied upon, and collected from the taxable property of the nine towns and the city liable therefore, RESOLVED, further, That this change will result in an approximate tax -levy increase of 3.99 percent and a county -wide average tax -rate increase of 3.1 percent and an increase of 1.8 percent in local spending, 244 November 15, 2011 RESOLVED, further, That this tax change will result in a $31.85 increase on an average $160,000 home, RESOLVED, further, That pursuant to Section 5.07 of the County Charter, the said proposed Capital Program as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and Budget Officer, as the Capital Program of Tompkins County for the years 2012-2016. SEQR ACTION: TYPE I1-21 * * * * * * * * * * Approval of Minutes MOVED by Mr. Proto, seconded by Mr. Shinagawa, to approve the minutes of the November 1, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 14; Noes — 1 (Robison). MINUTES APPROVED. Adjournment The meeting adjourned at 8:16 p.m. 245 December 6, 2011 Regular Meeting Call to Order Chair Robertson called the meeting 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 Robison arrived at 5:34 p.m.; Legislator Chock arrived at 5:35 p.m.). Privilege of the Floor for the Public Brian Eden, Sunset Drive, announced there would be a public hearing on the Inlet Dredging Project, Monday, December 12th, 5:30 p.m. in Common Council Chambers; deadline for comments is December 16th. Mr. Robison arrived at this time. Ms. Chock arrived at this time. Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted Ms. Mackesey permission to withdraw the resolution entitled "Recommending Statewide Ban on High Volume Hydraulic Fracturing (Version 4), (ID# 3012)" from the agenda. RESOLUTION WITHDRAWN. Chair's Appointment Ms. Robertson made the following appointments: Civil War Commission Lincoln Brennan Marcia E. Lynch Resolutions Approved Under the Consent Agenda MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: Resolution 2011-211: Authorization to Execute Funding Agreement with New York State Department of Transportation (NYSDOT) — Newfield Covered Bridge Preservation Project, BIN 3210210 (DOC ID: 3005) MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for the preservation of the Newfield Covered Bridge over Cayuga Inlet West Branch, BIN 3210210, P.I.N. 3755.03, (the Project) in the Town of Newfield, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non -Federal funds, and 246 December 6, 2011 WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non -Federal share of the costs of Design, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project, RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the Federal and non -Federal shares of the cost of design work for the subject Project or portions thereof, RESOLVED, further, That the sum of $70,000.00 is hereby made available within account D5111.54411, Bridge Contracts, to cover the cost of participation in the above phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceed the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of federal -aid and state -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE 1I-2 * * * * * * * * * * Resolution 2011-212: Authorization to Execute Funding Agreement with New York State Department of Transportation (NYSDOT) — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, Town of Ithaca (DOC ID: 3004) MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project to rehabilitate the Forest Home Drive Bridge over Fall Creek, BIN 3047450, P.I.N. 3950.41, (the Project) in the Town of Ithaca, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division, with permission from the New York State Department of Transportation, is administering the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non -Federal share of the increased costs of Construction and Construction Inspection and Supervision, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the 247 December 6, 2011 Tompkins County Legislature hereby approves the above -subject project, RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the Federal and non -Federal shares of the cost of Construction and Construction Inspection and Supervision work for the subject Project or portions thereof, RESOLVED, further, That the sum of $280,000.00 is hereby made available within account HZ5103.59239.53.15, Forest Home Capital Project Account, to cover the cost of participation in the above phases of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE I1-2 * * * * * * * * * * Resolution 2011-213: Authorizing a Consultant Agreement with C&S Companies of Syracuse for Design, Bidding, Administrative and Part -Time Construction Services for Partial Terminal Roof Replacement and Repair - Ithaca Tompkins Regional Airport (DOC ID: 3008) MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the terminal was constructed in 1994 and various leaks and other maintenance problems have occurred over the years, and WHEREAS, patching and other short-term remedies have increased with the passage of time and a more permanent solution has become necessary, and WHEREAS, in consideration of planned terminal development, it is deemed prudent to replace only the central roof section and merely repair those parts that may be subject to future expansion, WHEREAS, the C&S Companies of Syracuse, New York, have proposed designing, bidding, contract administration and part-time inspection of said contract for a fee of $53,300, and WHEREAS, the total budget for these services and the partial roof replacement and repair is as follows: New York State Department of Transportation Share (80.0%) $300,000 Airport Budget (20%) $ 75,000 Total $375,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $53,300 be and hereby is approved, and that a grant of $300,000 from the New York State Department of Transportation has already been received and accepted, RESOLVED, further, That the local share of $75,000 will come from the airport's 2012 operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required 248 December 6, 2011 documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the New York State Department of Transportation. SEQR ACTION: TYPE II - 2 * * * * * * * * * * Resolution 2011-214: Date of 2012 Organizational Meeting (DOC ID: 2970) MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Rules of the Legislature requires the organizational meeting be held on or before January 8 of each year, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That in accordance with Section 151 of County Law, the organizational meeting of the Tompkins County Legislature shall be held in the Legislative Chambers of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January 3, 2012, at 5:30 o'clock in the evening thereof. SEQR ACTION: TYPE II -20 ********** Approval of Appointment(s) Under the Consent Agenda MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Air Service Board Anthony W. Hopson — At -large representative; term expires December 31, 2014 Tompkins Consolidated Area Transit Board Frank P. Proto — County Legislator; term expires December 31, 2014 Planning, Development, and Environmental Quality Committee Resolution 2011-215: Submitting Comments to New York State Department of Environmental Conservation on Revised Draft Supplemental GEIS and Recommending that No New Shale Gas Extraction be Allowed in Tompkins County and New York State Until and Unless a More Benign Technology is Developed (DOC ID: 3009) MOVED by Ms. Mackesey, seconded by Ms. Pryor. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has released the Revised Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs (hereinafter referred to as the "Document"), and WHEREAS, the deadline for submitting comments on the Document is January 11, 2012, and WHEREAS, the Tompkins County Health Department, the Tompkins County Planning Department, the Tompkins County Environmental Management Council, and the Tompkins County Water Resources Council, among others, are planning to submit comments to the Department of Environmental Conservation on the Document, and WHEREAS, in addition to the important technical comments provided by those groups, the Tompkins County Legislature (hereafter "Tompkins County") has a duty to both provide leadership to the community and help reflect community concerns in evaluating the possible impacts associated with the 249 December 6, 2011 proposed drilling of the Marcellus Shale, and WHEREAS, it is recognized that natural gas is a finite resource and that total extraction of New York State's natural gas resources will only meet national energy needs for a limited period of time that will be measured in years or decades, yet environmental damage, particularly to water, arguably New York State's most valuable finite resource, could be permanent, and WHEREAS, Tompkins County understands that the overall purpose of SEQR is to fully disclose, evaluate, and try to mitigate detrimental cumulative environmental impacts (in the broad sense of the word "environment"), without segmentation of projects or activities, and this Document does not rise to that required SEQR standard even for a Generic EIS since it includes only the Division of Minerals analysis plus some references to other agencies rather than holistically including all Divisions of DEC as well as other relevant state agencies (e.g., Department of Health, Public Service Commission) in the required comprehensive analysis, and WHEREAS, Tompkins County does not believe that the Document establishes adequate specific conditions, criteria, and thresholds to allow drilling to occur in a manner that would not be significantly detrimental to the environment of New York State, and WHEREAS, Tompkins County and its municipalities have a responsibility to preserve and protect water resources and other natural resources, highway infrastructure, economic development in many other sectors, public health, and quality of life for our residents now and in the future, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature submits the following comments on the Document: 1. New York State taxpayers should not be required to bear the financial costs of implementing the natural-gas water -well monitoring and tracking described in the Document. This cost should be paid for by the natural-gas industry. In describing the proposed approach to tracking the results of private well monitoring and responding to complaints concerning private well -water quality, the Document states the NYSDEC's intention to rely on county health departments, potentially requiring a large commitment of County resources to undertake such an unfunded mandate. Should the final regulations continue with this approach, New York State should provide 100% funding to county health departments in order to fully provide the staffing and other resources needed to track well monitoring results and to respond to public complaints and concerns. Funds for implementing this program should be provided to local health departments through gas well permitting fees. Fees cannot be raised directly by the local health departments since the NYSDEC has sole regulatory authority over gas wells. 2. Groundwater monitoring needs to be conducted near Marcellus shale gas wells; however, the program proposed by the NYSDEC is inadequate to detect and remediate contamination of drinking water aquifers. Water quality monitoring programs should focus on monitoring the groundwater resource, not just existing drinking water -wells. Water supply wells should not be the sole means of determining if groundwater contamination has occurred near a Marcellus shale gas well due to the unknown or varying construction, operation, and availability of these wells. The permit applicant should be required to install and monitor groundwater wells to detect groundwater contamination before it reaches individual or public supply wells. At least 3 monitoring wells should be installed around each well pad and each centralized flowback water impoundment and these wells should be sampled and analyzed at the same frequency as the private water supply wells. The NYSDEC (in conjunction with the NYS Department of Health) should establish what is required to be tested for and what are the acceptable levels. Sharing the results of all sampling programs with the public should be a requirement. 3. Prevention of pollution is better and less costly than attempts at remediation. NYSDEC must analyze the existing lists of chemicals the gas developers use in their fracking fluids (Sections 5.4 and 6.1.3.2, Tables 5-6 and 6-1) and forbid the use of any substances that are, or whose breakdown products or metabolites are known or suspected to be carcinogenic, mutagenic, or endocrine disrupters. 4. In many places throughout the Document, specific mitigation measures are "proposed," "encouraged," "suggested," etc. Regulations must require the most protective mitigation measures or best management practices available to assure the protection of the public health and 250 December 6, 2011 welfare and the natural environment. 5. The Document, on page 7-55, Section 7.1.5, recommends that regulations be adopted to "prohibit high-volume hydraulic fracturing in both the NYC and Skaneateles lake Watersheds, as well as in a 4,000 -foot buffer area surrounding these watersheds, to provide an adequate margin of safety from the full range of operations related to high-volume hydraulic fracturing that extend away from the well pad." Such drilling will be prohibited because "standard stormwater control and other mitigation measures would not fully mitigate the risk of potential significant adverse impacts on water resources from high-volume hydraulic fracturing." These standards must apply equally to all watersheds with municipal water supplies. In Tompkins County this would include the entirety of the Cayuga Lake watershed. 6. To alleviate adverse road use impacts, the Document (page 7-138) requires operators to "attempt to obtain a road use agreement with the appropriate local municipality and, if such an agreement cannot be reached, the reason(s) for not obtaining one must be documented in the Transportation Plan." The Document should require, not just the attempt, but the development and execution of binding road use agreements. Operators should be required to notify all local municipalities, including villages, towns, cities, and counties, that their vehicles will travel through, even if there is no drilling operation in the municipality itself. Operators should then be required to sign binding road -use agreements for those municipalities, as well as with municipalities where the drilling operation is located to hold municipalities harmless for damage to roads and other infrastructure by drilling -related traffic. 7. Tompkins County has established a policy to "Reduce community greenhouse gas emissions by at least 2 percent of 2008 base year emissions per year to reach, at a minimum, an 80% reduction from 2008 levels by 2050." [Tompkins County Comprehensive Plan: Energy and Greenhouse Gas Emissions Element, 2008] In response to a request from the NYSDEC Tompkins County reiterated this commitment by signing on to the DEC's Climate Smart Communities Pledge in April 2009. According to the Document, over the 30 -year well lifetime, emissions from one eight -well pad would generate the same amount of greenhouse gas emissions as the entire output from the Tompkins County community annually. Therefore, anticipating that anywhere from 200 to 500 well pads could be developed in Tompkins County, emissions would be significantly increased. The result is that the proposed gas drilling, if implemented, will make it impossible for Tompkins County to meet its greenhouse gas emissions goals. The cumulative impact of drilling in the Marcellus Shale may make it impossible for New York State to meet its greenhouse gas emissions goals. This cumulative impact should be clearly evaluated in the Document. The Document should require operators to detail how their drilling operation will meet specific emissions thresholds, and what mitigation measures will be implemented to accomplish those emissions levels. 8. The Proposed EAF Addendum (Appendix 6) that would be required for application to drill the first well on a pad constructed for high-volume hydraulic fracturing, drill subsequent wells for high-volume hydraulic fracturing on the pad if any of the information changes and prior to high- volume re -fracturing of an existing well should be required to be submitted to local, county, and regional planning boards for review and comment to the DEC prior to drilling permits being issued. Page 7-144 of the Document proposes that EAF Addenda be submitted for all permits. In addition, page 7-122 of the Document states that many adverse impacts may be avoided by planning a drilling operation to fit site characteristics, like avoiding steep slopes and maintaining sufficient separation from environmentally sensitive features, such as streams and wetlands. Finally, page 7-144 of the Document indicates that "the EAF Addendum would require the applicant to identify whether the location of the well pad, or any other activity under the jurisdiction of the Department, conflicts with the local land use laws, regulations, plans, or policies. The applicant would also be required to identify whether the well pad is located in an area where the affected community has adopted a comprehensive plan or other local land use plan and whether the proposed action is inconsistent with such plan(s)." Such EAF Addenda should require that well permit applicants comply with the existing plans and the addenda should be submitted to local, county, and regional planning boards for review and comment as such agencies are in the best position to identify the potential site -by -site environmental impacts of 251 December 6, 2011 proposed drilling operations and are best suited for determining the consistency of proposed drilling operations with existing plans and policies. 9. The method described in the Document for disposal of flowback water and fracking fluids is totally inadequate. Although methods of disposal are discussed in the Document, it is also stated that flowback water must be characterized before the suitability of a treatment option can be determined. The problem is that the constituents of the flowback water cannot be known until after drilling activity has occurred and the wastewater produced. The Document acknowledges that some potential constituents of the flowback water could make it unsuitable for treatment at a previously designated treatment plant. In addition, the type and concentrations of flowback-water constituents can vary daily, which makes the entire concept of characterizing flowback water suspect for use by waste water treatment plants. It is helpful that the EAF Addendum will require applicants to provide proposed volume of water to be used, proppants, and each additive product (by product name and purpose/type) to be used in hydraulic fracturing in addition to ratio of both proppants and additive products to water. However, this information, which is proposed to be made available to DEC, needs to be accessible to the public, including local officials, too. 10. It is essential that all of the requirements to mitigate impacts of this activity, as described herein and in other comments, be incorporated in formal regulations issued by the NYSDEC after an additional formal comment period. The proposed regulations now being considered by the NYSDEC do not incorporate all of the mitigation measures identified in these comments. Formal regulation is the only way to assure compliance with, and consistency in the administration of, those requirements. The NYSDEC is currently considering proposed regulations. However, the parallel release of the Document and the regulations will only ensure that the regulations cannot possibly reflect any amendments made to the Document based on comments received. These regulations need to be reconsidered to include SGEIS comments and then circulated publicly after any necessary changes have been made. The regulations as proposed are limited and inadequate to protect the people and resources of the communities in which this activity would occur. NYSDEC must undertake a comprehensive formal rulemaking and use state-of-the-art scientific standards as a basis for such rulemaking. The NYSDEC must also take the time to conduct the necessary research (and to make use of results from the ongoing Environmental Protection Agency's review) prior to proposing draft regulations. 11. The Document does not address in any meaningful way the cumulative impacts of Marcellus Shale development on a substantial region of New York State. And yet every EIS is supposed to focus on cumulative impacts rather than allowing segmentation. We recognize the challenges of this requirement, but that does not mean it should be brushed off as "difficult". • Industrial use. Gas drilling utilizing high-volume hydraulic fracturing is a heavy industrial land use that fundamentally changes the character of rural areas and potentially undermines the pillars of the rural economy - agriculture, forestry, tourism, and outdoor recreation. It would occur in areas not intended for industrial land uses. Permitted development in Tompkins County could result in a cumulative area of industrial land use equal to or greater than the entire current amount of industrially developed land in Tompkins County. Under municipal land use regulatory authority, existing industrial land use was most often sited after years of careful planning at the municipal level and review of site plans for specific activities and sites. This planning process assured that industrial land uses were located in areas that have infrastructure sufficient to support the activity, including major highways and public water and sewer infrastructure, and that do not conflict with the protection of valued natural resources. Gas drilling, by contrast, is likely to occur in areas that are not designated or suitable for industrial land uses, that have little or no infrastructure adequate to support the activity, and that have not been subjected to a comprehensive planning process to evaluate impacts of this development. • Local landscapes. The SGEIS is based on the premise that local authority to review gas - drilling activity has been precluded by the State of New York. The result will almost certainly be the degradation and fragmentation of our natural areas and rural landscape with serious negative impacts on a rural way of life and the function of some of our natural and 252 December 6, 2011 wildlife resources. Invasive species of plants and animals thrive particularly at the "edges" of forests and fields, and the proliferation of drilling pads and centralized impoundment areas will introduce significantly more land with such edges. • Water resources. Water withdrawals are insufficiently regulated and the cumulative effects of removing billions of gallons of water from the ecosystem, effectively permanently, are barely addressed in the Document. The Document acknowledges that impacts on water quality are likely and prohibits drilling in the New York City watershed, the Skaneateles Lake watershed and, on a temporary basis, over primary and principal aquifers. However, other public and private water supplies whether from surface or groundwater sources are not provided this level of protection. Although a US EPA study is underway to assess the impacts of gas drilling on water resources the Document was released without waiting for the results of that study. • Air quality. The Document does not sufficiently address threats to air quality and public health from drilling operations, including emissions of nitrogen oxide (NOX) and volatile organic compounds that contribute to creation of ground -level ozone. These and other impacts on air quality and public health must be identified and prevented. • Gas processing and transmission. Pipelines and compression stations are not addressed by the Document. The NYSDEC fails to recognize a responsibility to establish a mechanism to coordinate environmental review with the Public Service Commission, including regulating gathering lines that are below the size regulated by PSC, and requiring that cumulative effects of the entire industry are considered together. • Thresholds. There is a recognition in the Document that thresholds of activity would be needed to set limits that the environment could sustain without permanent damage. However, it is unclear how such limits could be set or whether they actually would be established. In the Document, the spacing unit is the only limiting factor on development. The Document fails to establish a pace and level of development that the human and natural environment could tolerate. • Social and Economic Impacts. The Document does not adequately address the potential negative impact on other sectors of the economy that depend on our existing environment, clean water, and viewsheds. In Tompkins County these sectors include higher education, high-tech spin-off industry, grape growing and wine production, agriculture, and tourism, each of which receives costly New York State economic development support. Nor does the Document address the serious long-term adverse effects of a boom and bust economy, or issues of equity in that the economic benefits of gas drilling will accrue to a relatively few and the negative impacts will impact many including those least able to absorb those impacts. The Document goes to great lengths to estimate and quantify the purported economic benefits of gas drilling but makes no such attempt to quantify the numerous negative impacts. • Failure to consider impacts on other State plans. The Document does not address how gas drilling would impact priority protection areas identified in the New York State Open Space Plan or whether it would be consistent with the State of New York's goal to reduce greenhouse gas emissions by 80% by 2050. These failures alone require that permitting of wells using high-volume hydraulic fracturing not proceed, and The failure to address cumulative impacts on the landscape and on communities is a fatal flaw that undermines everything else in the Document. 12. The Document fails to address conflicts between existing New York State Law, the Document, and the proposed regulations with long-standing (decades old) requirements of residential mortgage lending and secondary market standards established by Fannie Mae, Freddie Mac, the Federal Housing Administration (FHA), Veterans Administration (VA), and State of New York Mortgage Agency (SONYMA), which places property owners with mortgages who sign leases in technical default of the terms of their mortgages. Impact on real estate is acknowledged but not addressed in Section 8.4. RESOLVED, further, That the only conclusion that can be drawn from the Document in its 253 December 6, 2011 current form is that it does not comply with the SEQRA requirement to evaluate the impacts of Marcellus Shale drilling on the environment and public health, and does not propose mitigation measures that sufficiently protect the public health and environment to allow permitting of drilling in the Marcellus Shale to proceed. The many flaws in the Document, including failure to assess the life cycle analysis of greenhouse gas emissions from natural gas, as well as the fact that the EPA has begun a study of the risks of hydrofracturing, the results of which should be included in the New York State review, require that no new shale gas extraction be permitted in Tompkins County and New York State, until and unless a more benign technology is developed and an adequate environmental review is completed, RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation Division of Mineral Resources, Governor Andrew Cuomo, NYSDEC Commissioner Joe Martens, New York State Department of Environmental Conservation Executive Deputy Commissioner Marc S. Gerstman Chair of the Senate Committee on Environmental Conservation Mark Grisanti, Chair of the Senate Committee on Energy and Telecommunications, George D. Maziarz, Senate Majority Leader Dean Skelos, Deputy Senate Majority Leader Thomas W. Libous, Senate Minority Leader John Sampson, Deputy Minority Leader Neil D. Breslin, New York State Senators James Seward, Michael Nozzolio, Thomas O'Mara, Liz Krueger, Thomas Duane, Bill Perkins, New York State Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Chair of the Assembly Committee on Environmental Conservation Robert Sweeney, Chair of the Assembly Energy Committee Kevin Cahill, Assemblywoman Barbara Lifton, Attorney General Eric Schneiderman, United States Senate Committee on Energy and Natural Resources, Chair Jeff Bingaman, United States Senate Subcommittee on Energy, Water, and Power Chair Jeanne Shaheen, United States Senators Charles Schumer and Kirsten Gillibrand, United States Representatives Energy and Water Development and Related Agencies Subcommittee Chair Rodney P. Frelinghuysen, Subcommittee on Environment and the Economy Member Diana DeGette, United States Representatives Maurice Hinchey, and Richard Hanna, and the New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors. SEQR ACTION: TYPE I1-20 ********** Resolution 2011-216: In Support of Home Rule Authority Regarding Local Land Use and Gas Drilling in New York State (DOC ID: 3010) MOVED by Ms. Mackesey, seconded by Mr. Proto. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has released the Revised Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program. Well Permit Issuance for Horizontal Drilling and High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs (hereinafter referred to as the "Document"), and WHEREAS, the Document fails to recognize the authority of local municipalities to determine where and whether such land uses as gas drilling are allowed in their communities, and WHEREAS, this refusal is in spite of New York State court decisions upholding the authority of local municipalities to control land use including whether and where extractive industries regulated by the NYSDEC are permitted, and WHEREAS, municipalities around the State are exercising their home rule authority in response to the legitimate concerns of their citizens and in accordance with their comprehensive plans designed to protect the public health and welfare, and protect and conserve community resources, and WHEREAS, legal challenges to those laws are placing an inordinate burden upon municipalities, and WHEREAS, protracted legal actions create uncertainty regarding land use protections and have the potential to undermine land values and disrupt the local economy, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature requests that the Governor, the NYSDEC and the 254 December 6, 2011 New York State Legislature clarify and reaffirm that the authority of local municipalities to regulate land use through their historic Home Rule powers applies to all extractive industries including drilling for natural gas, RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation Division of Mineral Resources, Governor Andrew Cuomo, NYSDEC Commissioner Joe Martens, New York State Department of Environmental Conservation Executive Deputy Commissioner Marc S. Gerstman, Chair of the Senate Committee on Environmental Conservation Mark Grisanti, Chair of the Senate Committee on Energy and Telecommunications, George D. Maziarz, Senate Majority Leader Dean Skelos, Deputy Senate Majority Leader Thomas W. Libous, Senate Minority Leader John Sampson, Deputy Minority Leader Neil D. Breslin, New York State Senators James Seward, Michael Nozzolio, Thomas O'Mara, Liz Krueger, Thomas Duane, Bill Perkins, New York State Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Chair of the Assembly Committee on Environmental Conservation Robert Sweeney, Chair of the Assembly Energy Committee Kevin Cahill, Assemblywoman Barbara Lifton, Attorney General Eric Schneiderman, United States Senate Committee on Energy and Natural Resources Chair Jeff Bingaman, United States Senate Subcommittee on Energy, Water, and Power Chair Jeanne Shaheen, United States Senators Charles Schumer and Kirsten Gillibrand, United States Representatives Energy and Water Development and Related Agencies Subcommittee Chair Rodney P. Frelinghuysen, Subcommittee on Environment and the Economy Member Diana DeGette, United States Representatives Maurice Hinchey, and Richard Hanna, and the New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-217: Recommending Ban on Horizontal Drilling and High -Volume Hydrofracturing in the Finger Lakes Region (DOC ID: 3011) MOVED by Ms. Mackesey, seconded by Mr. Dennis. It was MOVED by Mr. Proto, seconded by Mr. Robison, to amend the first RESOLVED to read: "... as well as a recognition in the Document that horizontal drilling and high-volume hydrofracturing may pose significant risks...". A voice vote on the amendment resulted as follows: Ayes — 11; Noes — 4 (Legislators Kiefer, Mackesey, Robertson, and Stein). AMENDMENT ADOPTED. A voice vote on the resolution resulted as follows: Ayes — 15, Noes —0. RESOLUTION ADOPTED. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has released the Revised Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs (hereinafter referred to as the "Document"), and WHEREAS, the Finger Lakes Region of New York State depends on its natural environment to sustain its people and the regional economy including: clear, clean waters, spectacular natural vistas, waterfalls, and landscapes that attracts thousands of visitors each year; a diverse and growing agricultural sector that is one of the few growing agricultural regions in New York State; public and private forests that support jobs in the forest products industry, provide multiple four season recreational opportunities and protect the headwaters of watersheds contributing to numerous public water supplies; one of the premier viticulture regions in the United States supporting wineries that annually draw thousands of visitors from around the world; and higher education institutions, regional health care facilities, and high- tech businesses that depend on the quality of life to draw needed talent to this rural region, and WHEREAS, the Document does not adequately address the cumulative impacts of Marcellus 255 December 6, 2011 Shale development on Tompkins County and the Finger Lakes Region of New York State: • Industrial use. Gas drilling utilizing high-volume hydraulic fracturing is a heavy industrial land use that fundamentally changes the character of rural areas and potentially undermines the pillars of the rural economy - agriculture, forestry, tourism and outdoor recreation. It would occur in areas not intended for industrial land uses. Permitted development in Tompkins County could result in a cumulative area of industrial land use equal to or greater than the entire current amount of industrially developed land in Tompkins County. Under municipal land use regulatory authority, existing industrial land use was most often sited after years of careful planning at the municipal level and review of site plans for specific activities and sites. This planning process assured that industrial land uses were located in areas that have infrastructure sufficient to support the activity, including major highways and public water and sewer infrastructure, and that do not conflict with the protection of valued natural resources. Gas drilling, by contrast, is likely to occur in areas that are not designated or suitable for industrial land uses, that have little or no infrastructure adequate to support the activity, and that have not been subjected to a comprehensive planning process to evaluate impacts of this development. • Agriculture. In addition to directly taking land out of production, the activities associated with high-volume hydraulic fracturing, including huge increases in truck traffic on local roads and potential impacts on water quantity and quality will directly interfere with normal farming operations. Organic farming including a significant number of organic dairies are among the growing sectors of the region's agriculture. Along with viticulturalists and winemakers these sectors depend upon the public recognition of the Finger Lakes as a pristine rural region that provides the organic soils and the clean water from which these products are derived. Agriculture in Tompkins County contributes $60 million annually to the local economy. • Local landscapes. The Document is based upon the premise that local authority to review gas -drilling activity has been precluded by the State of New York. The result will almost certainly be the degradation and fragmentation of our natural areas and rural landscape with serious negative impacts on a rural way of life and the function of some of our natural and wildlife resources. Invasive species of plants and animals thrive particularly at the "edges" of forests and fields, and the proliferation of drilling pads and centralized impoundment areas will introduce significantly more land with such edges. • Water resources. Water withdrawals are insufficiently regulated and the cumulative effects of removing billions of gallons of water from the ecosystem, effectively permanently, are not sufficiently addressed in the Document. Impacts on water quality are acknowledged which have resulted in the recommendation for a prohibition of drilling in some areas such as the New York City Watershed, Skaneateles Lake Watershed, and, on a temporary basis, over primary and principal aquifers. However, other public and private water supplies, whether from surface or groundwater sources, including the remaining Finger Lakes, are not provided this level of protection. Although a US EPA study is underway to assess the impacts of hydraulic fracturing on water resources, the Document was released without waiting for the results of that study. • Air quality. The document does not sufficiently address threats to air quality and public health from drilling operations, including emissions of nitrogen oxide (NOX) and volatile organic compounds that contribute to creation of ground -level ozone. These and other impacts on air quality and public health must be identified and prevented. • Gas processing and transmission. Pipelines and compression stations are not addressed by the Document. The NYSDEC fails to recognize a responsibility to establish a mechanism to coordinate environmental with the Public Service Commission, including regulating gathering lines that are below the size regulated by PSC, and requiring that cumulative effects of the entire industry are considered together. • Thresholds. There is recognition in the Document that thresholds of activity would be needed to set limits that the environment could sustain without permanent damage. However, it is 256 December 6, 2011 unclear how such limits could be set or whether they actually would be established and adhered to. In the Document, the spacing unit is the only limiting factor on development. The Document fails to establish a pace and level of development that the human and natural environment could tolerate. • Social and Economic Impacts. The Document does not adequately address the potential negative impact on other sectors of the economy that depend on our existing environment, clean water, and viewsheds. In Tompkins County these sectors include higher education, high-tech spin-off industry, agriculture, including grape growing and wine production, and tourism, each of which receives costly New York State economic development support. Nor does the document address the serious long-term adverse effects of a boom and bust economy, or issues of equity in that the economic benefits of gas drilling will accrue to a relatively few and the negative impacts will impact many including those least able to absorb those impacts. The Document goes to great lengths to estimate and quantify the purported economic benefits of gas drilling but makes no such attempt to quantify the numerous negative impacts. • Failure to consider impacts on other State plans. The Document does not address how gas drilling would impact priority protection areas identified in the New York State Open Space Plan, including several within the Finger Lakes Region, or whether it would be consistent with the State of New York's goal to reduce greenhouse gas emissions by 80% by 2050. These failures alone require that permitting of wells using high- volume hydraulic fracturing not proceed, and WHEREAS, these failings make it clear that the risks and known impacts of high-volume hydraulic fracturing using current technology and methods outweigh any positive economic benefits that may accrue from this industry in the Finger Lakes Region, and WHEREAS, in spite of thousands of comments on the first draft SGEIS, many pointing out the pending US EPA study of the risks of hydrofracturing to our water and air and requesting that the SGEIS be deferred to incorporate the results of that study, the Document was released prior to obtaining this critical information, and WHEREAS, the only conclusion that can be drawn from the Document is that there are no measures that the State of New York is willing or able to require that would mitigate the serious, severe negative impacts of Marcellus Shale drilling on the environment, public health, and socioeconomic conditions in affected regions of the State that would be sufficient to allow drilling in the Marcellus Shale to proceed, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature finds that given the many continuing flaws in the Document, including failure to assess the wholesale industrialization of our rural landscapes, the life cycle analysis of greenhouse gas emissions from natural gas, and cumulative socioeconomic impacts of a boom and bust extractive economy, as well as a recognition in the Document that horizontal drilling and high- volume hydrofracturing may pose significant risks to our water resources, that horizontal drilling and high-volume hydrofracturing should be banned in Tompkins County and the Finger Lakes Region of New York State, RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation Division of Mineral Resources, Governor Andrew Cuomo, NYSDEC Commissioner Joe Martens, New York State Department of Environmental Conservation Executive Deputy Commissioner Marc S. Gerstman Chair of the Senate Committee on Environmental Conservation Mark Grisanti, Chair of the Senate Committee on Energy and Telecommunications, George D. Maziarz, Senate Majority Leader Dean Skelos, Deputy Senate Majority Leader Thomas W. Libous, Senate Minority Leader John Sampson, Deputy Minority Leader Neil D. Breslin, New York State Senators James Seward, Michael Nozzolio, Thomas O'Mara, Liz Krueger, Thomas Duane, Bill Perkins, New York State Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Chair of the Assembly Committee on Environmental Conservation Robert Sweeney, Chair of the Assembly Energy Committee Kevin Cahill, Assemblywoman Barbara Lifton, Attorney General Eric Schneiderman, United States Senate Committee 257 December 6, 2011 on Energy and Natural Resources Chair Jeff Bingaman, United States Senate Subcommittee on Energy, Water, and Power Chair Jeanne Shaheen, United States Senators Charles Schumer and Kirsten Gillibrand, United States Representatives Energy and Water Development and Related Agencies Subcommittee Chair Rodney P. Frelinghuysen, Subcommittee on Environment and the Economy Member Diana DeGette, United States Representatives Maurice Hinchey, and Richard Hanna, and the New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors. SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:33 p.m. The meeting reconvened at 7:34 p.m. Facilities and Infrastructure Committee Resolution 2011-218: Authorization to Enter into a Fifteen (15) Year Lease with Solar Liberty for Solar Panels Placed at Various County Facilities (DOC ID: 3021) MOVED by Ms. Chock, seconded by Mr. McKenna. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in the 2008 amendment to the County Comprehensive Plan addressing Energy and Greenhouse Gas Emissions Tompkins County set a goal to reduce greenhouse gas emissions at least 80% by 2050, and WHEREAS, to reach this goal the County also established policies including to encourage development of local renewable energy sources and technologies and to construct, renovate, and maintain Tompkins County government facilities and buildings to optimize energy efficiency, utilize renewable energy where possible, and enhance environmental sustainability, and WHEREAS, through the 2020 Energy Strategy, endorsed by the Legislature in 2010, an interim goal of at least 20% emissions reduction by 2020 was established, and WHEREAS, photovoltaic (PV) cells utilize a locally generated, carbon neutral renewable source of energy, and WHEREAS, Solar Liberty frames are made in Buffalo, New York, and photovoltaic solar panels are made in the United States, thus supporting American jobs, and WHEREAS, the County has identified a cost-effective means of reducing its dependence on carbon -based energy by increasing the amount of energy provided through solar power through a low-cost lease of PV solar panels from the Buffalo -based firm Solar Liberty, a firm that has been able to creatively apply federal tax credits and New York State Energy Research and Development Authority (NYSERDA) grants to offer such low-cost solar panel leases to public and not-for-profit organizations, and WHEREAS, Solar Liberty has proposed to the County a fifteen -year lease of 25 kilowatt photovoltaic cell solar panels on seven County -owned facilities (Public Safety Building, Emergency Communications Building, Health Department Building, Human Services Building, Human Services Annex, Annex Building C, and Public Works Facility), and WHEREAS, Solar Liberty would install and maintain the panels throughout the lease term, and WHEREAS, as part of this lease Solar Liberty shall retain ownership of the Renewable Energy Credits (REC), which it can sell to other electrical generators that exceed their own emissions allowances, and WHEREAS, upon the conclusion of the fifteen -year lease term, the County may elect to have the Solar Liberty remove the panels, negotiate a lease extension, or purchase the panels at their then -market value, and WHEREAS, the sum of annual lease payments for the seven installations shall be $10,260, and WHEREAS, the County has reviewed the costs and savings associated with each proposed installation and have found that the aggregate savings for the seven installations are estimated to exceed the aggregate lease expenses by approximately $9,000 per year based on current energy costs and consumption patterns, and 258 December 6, 2011 WHEREAS, it is the County's understanding and belief that Solar Liberty is the sole provider of such low-cost leased solar panels in New York State, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature authorizes the County Administrator to enter into fifteen -year lease agreements with Solar Liberty of Buffalo, New York, as the sole source provider for the installation and maintenance of solar panels on the seven County facilities described herein for an annual aggregate lease cost not to exceed $10,260. SEQR ACTION: TYPE II -7 * * * * * * * * * * Resolution 2011-219: Award of Bid - Pavement Repair and Drainage Maintenance County Solid Waste Management Division (DOC ID: 3018) MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne. 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 and received three bids for pavement repair and drainage maintenance at the Tompkins County Recycling and Solid Waste Center, and WHEREAS, all bids were received, publicly opened and reviewed Monday, November 28, 2011, and WHEREAS, Economy Paving of Cortland, New York, was found to be the lowest responsible bidder with a bid of $175,180, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for pavement repair and drainage maintenance be awarded to Economy Paving, as the lowest responsible bidder with a bid of $175,180, RESOLVED, further, That funds are available in the Solid Waste Management Division Operating Budget 8163.54802, RESOLVED, further, That the County Administrator or his designee be authorized to execute this bid on behalf of the County and contract with Economy Paving. SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2011-220: Authorizing the Finance Director to Adjust Certain Solid Waste Charges on Tax -Exempt Properties (DOC ID: 2994) MOVED by Mr. Lane, seconded by Ms. Pryor, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, unpaid Solid Waste Fees are enforced in the same manner as delinquent property taxes, and WHEREAS, occasionally Solid Waste Fees on tax-exempt properties become subject to tax enforcement and become exposed to foreclosure, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Finance Director is authorized to adjust penalties and other charges on unpaid Solid Waste Fees through 2011 on the following tax-exempt properties: Town of Dryden 66-1-4.1 and Town of Lansing 9-1-44, in order to avoid a judgment of foreclosure, RESOLVED, further, That the County Finance Director is authorized to charge back to the Solid Waste Fund any adjustment made in settlement of unpaid Solid Waste Fee. SEQR ACTION: TYPE II- 2 * * * * * * * * * * 259 December 6, 2011 Resolution 2011-221: Adoption of Revised Administrative Policy 03-15 — Military Leave (DOC ID: 2827) MOVED by Mr. Lane, seconded by Mr. McKenna. It was MOVED by Ms. Kiefer, seconded by Ms. Chock, to amend the policy to 30 work days. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Stein), Noes — 10 (Legislators Dennis, Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, and Shinagawa). MOTION FAILED. It was MOVED by Mr. Stein, seconded by Mr. Dennis, to call the question. A voice vote resulted as follows: Ayes — 14, Noes —1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 2 (Legislators Chock and Kiefer). RESOLUTION ADOPTED. WHEREAS, the Military Leave policy required revision to more accurately reflect current existing regulations, procedures, and directives, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel and the Government Operations Committees, That the following Administrative Policy is hereby revised and adopted: 03 - 15 Military Leave SEQR ACTION: TYPE I1-20 * * * * * * * * * * Approval of Minutes It was MOVED by Mr. Proto, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the minutes of the November 9, 2011, meeting as submitted. MINUTES APPROVED. It was MOVED by Mr. Proto, seconded by Mr. Shinagawa, to approve the minutes of the November 15, 2011, meeting as submitted. A voice vote on the minutes resulted as follows: Ayes — 14, Noes —1 (Legislator Kiefer). MINUTES APPROVED. Adi ournment The meeting adjourned at 8:39 p.m. 260 December 20, 2011 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. Privilege of the Floor by the Public Herb Engman, Town of Ithaca Supervisor, spoke in support of the resolution entitled "Recommending Statewide Ban on High -Volume Hydraulic Fracturing". Steve Nicholson, Chair of the Environmental Management Council and the Energy Independent Caroline group, also spoke in support of the resolution entitled "Recommending Statewide Ban on High - Volume Hydraulic Fracturing". Cornelia Farnam, Town of Caroline, also spoke in support of the resolution entitled "Recommending Statewide Ban on High -Volume Hydraulic Fracturing". Martin Hatch, Town of Dryden, also spoke in support of the resolution entitled "Recommending Statewide Ban on High -Volume Hydraulic Fracturing". Approval of Resolutions Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: Resolution 2011-222: Authorization to Reappoint Brooke Greenhouse to the Board of Health — Health Department (DOC ID: 3027) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Bylaws of the Tompkins County Board of Health, Section 3.05 states "No member may be appointed for more than two consecutive terms, unless this provision is waived by a majority vote of the Board of Health and the County Legislature concurs", and WHEREAS, Brooke Greenhouse from the community has served two terms and seeks reappointment, and WHEREAS, Brooke Greenhouse is a valued member of the Board of Health providing valuable insight into various housing related issues as a contractor, now therefore be it RESOLVED, on recommendation of the Board of Health and the Health and Human Services Committee, That Brooke Greenhouse is recommended for reappointment to a term of six years. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-223: Budget Adjustment - Office for the Aging (DOC ID: 3062) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 261 December 20, 2011 WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6778.41972 Charges -Program for Aging $11,281 6778.51000517 Salary Explanation: Increase in the Outreach salary for completing the early mail -out applications for the HEAP program. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-224: Award of Federal Job Access and Reverse Commute Funds to Human Services Coalition of Tompkins County, Inc., 2-1-1 Information & Referral Project (DOC ID: 3029) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Ithaca -Tompkins County Transportation Council (ITCTC) conducted a public solicitation for JARC proposals in Spring 2011 and adopted a list of priority projects for 2011 and 2012 as an amendment to the Tompkins County Coordinated Public Transit -Human Services Transportation Plan by the ITCTC Policy Committee on June 21, 2011, and WHEREAS, the Human Services Coalition of Tompkins County, Inc., submitted a proposal to the ITCTC to improve the 2-1-1 Information & Referral program as a call center for coordinated transportation and mobility services information, and WHEREAS, the 2-1-1 Tompkins Transportation Data Management and Call Center Project was included on the ITCTC priority project list for 2011-2012, and WHEREAS, Tompkins County desires to fund said project at the cost of $86,590, which includes $43,295 in Federal funds and $43,295 in local match by the Human Services Coalition, with the project expected to be completed by October 31, 2012, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Health and Human Services Committees, That Tompkins County obligates $43,295 in Federal funds from FTA JARC Grant NY -90-X606-01 to be used by the Human Services Coalition of Tompkins County, Inc., to implement the 2-1-1 Tompkins Transportation Data Management and Call Center Project, RESOLVED, further, That the County Contracts Coordinator is authorized to sign an agreement between Tompkins County and the Human Services Coalition of Tompkins County, Inc., to complete said project. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2011-225: Amendment of County Resolution 2011-133 (ID #2780) - Authorizing 2011 Federal Transit Administration Section 5307 Grants for Job Access & Reverse Commute (JARC) and New Freedom Programs (DOC ID: 3030) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code (formerly Section 9, Federal Transit Act of 1964), and WHEREAS, the County of Tompkins is the designated recipient by the Governor of New York 262 December 20, 2011 State for certain Federal Transit Administration (FTA) funding programs, and WHEREAS, the FTA fund sources for 2011 JARC and New Freedom Section 5307 Grants are as follows: 2010 Sec 5316 JARC $ 75,482 2010 Sec 5317 New Freedom $ 25,724 2011 Sec 5317 New Freedom $ 25,857 Total Federal Funds $127,063 and WHEREAS, the Ithaca -Tompkins County Transportation Council solicited proposals for projects as part of its Coordinated Transportation Plan process and the following projects were approved by the ITCTC Policy Committee and added to the 2011-2015 Transportation Improvement Program, as amended on June 21, 2011, and WHEREAS, the County desires to submit a grant application to FTA, in the amount of $246,578 to be used for JARC and New Freedom oneratinn assistance to receive and use said funds as follows: Project Descriptions Federal JARC Federal New Freedom Sponsor TOTAL Catholic Charities: Critical Needs Car Repair Loans $26,200 n/a $26,200 $52,400 GADABOUT: Service to Challenge Industries $ 9,534 n/a $ 9,534 $19,068 Ithaca Carshare Easy Access low -Income memberships $26,200 n/a $26,200 $52,400 TCAT: Vanpools Support $ 6,000 n/a $ 6,000 $12,000 County Project Administration $ 7,548 n/a $ 7,548 FISH Volunteer Transportation - medical trips n/a $ 6,000 $ 6,000 $12,000 GADABOUT Extend ADA paratransit service for employment, medical and other trips n/a $45,581 $45,581 $84,446 Total $75,482 $51,581 $119,515 $246,578 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Health and Human Services Committees, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file applications on behalf of the County of Tompkins with the United States Department of Transportation for the 2011 JARC and New Freedom Section 5307 Grants, totaling $246,578, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and all sub -recipients necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 ********** Resolution 2011-226: 2011 Fall Community Celebration Grants (DOC ID: 3035) MOVED by Ms. Herrera, 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 263 December 20, 2011 Committee, That the following grants are approved: Aunlicant Celebration Award Village of Trumansburg Bicentennial Birthday Jubilee of the Ulysses Philomathic Library $1,150 Village of Groton 25th Anniversary Celebration of Habitat for Humanity of Tompkins & Cortland Counties (HTCHFH) $1,300 City of Ithaca 2012 MLK Jr. Day of Celebration $935 City of Ithaca Kwanzaa at Southside Community Center $910 City of Ithaca Asian Lunar New Year Celebration $500 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 2011-227: Fall 2011 Tourism Project Grants (DOC ID: 3036) MOVED by Ms. Herrera, 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 grants are approved: Applicant Project Award Ithaca Shakespeare Spring 2012 Season $6,380 Company Cayuga Nature Center CNC Great Room - Permanent $3,637 Exhibition 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 2011-228: Award of Fall 2011 Tourism Marketing and Advertising Grants (DOC ID: 3037) MOVED by Ms. Herrera, 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 grants are approved: Applicant Project Award Ithaca Shakespeare Company Ithaca Shakespeare Company 2012 $2,000 264 December 20, 2011 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 2011-229: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 249 of 2011: Authorizing an Agreement with the State of New York for Transfer of Taughannock Boulevard Parcel that Buffers the Black Diamond Trail (DOC ID: 3055) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, in Resolution No. 249 of 2011, the Tompkins County Legislature would authorize the County Administrator or his designee to execute agreements with the State of New York to transfer a parcel that buffers the Black Diamond Trail, 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. 249 of 2011 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 249 of 2011. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2011-230: Authorization to Accept a Grant from New York State Archives (DOC ID: 3022) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County Clerk's Office has been notified of a grant award from the State Archives in the amount of $75,000, and WHEREAS, the State Archives grant represents a project for the County Clerk's Office to scan the 1,826 District Attorney boxes of case files into the Records Center Electronic Document Management System (Laserfiche), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: BUDGET ADJUSTMENT APPROPRIATION: A1410.54442 Professional Services $75,000 REVENUE: A1410.43089 Other State Aid $75,000 SEQR ACTION: TYPE 1I-20 * * * * * * * * * * Resolution 2011-231: Determination and Certification of County Clerk's Allowance - Annual Expenses for Administering Mortgage Tax (DOC ID: 3023) 265 Season Hangar Theatre 2nd Winter Village Bluegrass Festival $1,000 Paleontological Research Institution WHALES: From the Depths of the National Geographic Archives $2,500 Cayuga Nature Center Maple Festival 2012 $3,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE I1-20 * ********* Resolution 2011-229: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 249 of 2011: Authorizing an Agreement with the State of New York for Transfer of Taughannock Boulevard Parcel that Buffers the Black Diamond Trail (DOC ID: 3055) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, in Resolution No. 249 of 2011, the Tompkins County Legislature would authorize the County Administrator or his designee to execute agreements with the State of New York to transfer a parcel that buffers the Black Diamond Trail, 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. 249 of 2011 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 249 of 2011. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2011-230: Authorization to Accept a Grant from New York State Archives (DOC ID: 3022) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County Clerk's Office has been notified of a grant award from the State Archives in the amount of $75,000, and WHEREAS, the State Archives grant represents a project for the County Clerk's Office to scan the 1,826 District Attorney boxes of case files into the Records Center Electronic Document Management System (Laserfiche), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: BUDGET ADJUSTMENT APPROPRIATION: A1410.54442 Professional Services $75,000 REVENUE: A1410.43089 Other State Aid $75,000 SEQR ACTION: TYPE 1I-20 * * * * * * * * * * Resolution 2011-231: Determination and Certification of County Clerk's Allowance - Annual Expenses for Administering Mortgage Tax (DOC ID: 3023) 265 December 20, 2011 MOVED by Ms. Herrera, seconded by Mr. Proto, 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 $211,970 per annum to $226,852 per annum, and WHEREAS, the Finance Director has conducted a cost analysis and has recommended that the allowance for the treasurer's expense for administering the mortgage tax be set at $15,000 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $226,852 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 $241,852 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-232: Correction of Errors (DOC ID: 3046) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is important that official minutes and reports be accurately written, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Legislature be and hereby is authorized to correct any manifest errors in the 2012 minutes of the Legislature or in reports of any committees. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-233: Designation of Newspaper (DOC ID: 3048) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Legislature must annually designate an official newspaper, and WHEREAS, there is only one daily newspaper in Tompkins County, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the official newspaper for the County of Tompkins for the publication of all local laws, notices and other matters required by law to be published pursuant to Section 214 of County Law and Chapter 58 of the Tompkins County Code be designated from January 1, 2012, to December 31, 2012, as follows: 266 SEQR ACTION: TYPE II -20 December 20, 2011 The Ithaca Journal, Ithaca, New York * * * * * * * * * * Resolution 2011-234: Changes in Positions - Various Departments (DOC ID: 3051) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the adopted 2012 Tompkins County Budget provides for the creation, abolition, and increases or reductions in the standard work week and/or approved hours of existing incumbents, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the following positions are created effective January 1, 2012: Airport • .5 Account Clerk Typist, White Collar Grade F (6), Job Code 513. Create one new 50% position at 17.5 hours based on a 35 -hour standard work week. Information Technology Services • .5 Programmer/Analyst„ Position #1198, White Collar Grade M (13), Job Code 622. Create one new 50% position at 20.0 hours based on a 40 -hour standard work week. RESOLVED, further, That the hours of the following positions are changed as follows effective January 1, 2012: Health Department • Director Children with Special Care Needs, Position #433, Management Grade R-88, Job Code 292, increase the standard workweek and the approved hours from 35 to 37.5 hours per week. • Team Leader, Position #1302, White Collar Grade P (16), Job Code 656, increase the standard work week and the approved hours from 35 to 37.5 hours per week. • Administrative Coordinator, Position #530, White Collar Grade M (13), Job Code 674, increase the standard work week and the approved hours from 35 to 37.5 hours per week. • Sr. Account Clerk Typist, Positions #464 and 444, White Collar Grade I (9), Job Code 529, increase the standard work week and the approved hours from 35 to 37.5 hours per week. • Keyboard Specialist, Position #471, White Collar Grade F (5), Job Code 507, increase the standard work week and the approved hours from 35 to 37.5 hours per week. • Community Health Nurse, Positions #510, 484, 1331, 501, 491, 1169, White Collar Grade 0 (15), Job Code 580, increase the standard work week and the approved hours from 35 to 37.5 hours per week. Personnel • Personnel Assistant, Position #652, Confidential Grade K (61), Job Code 333, increase the standard work week and approved hours from 37.5 to 40 per week. • Secretary, Position #655, Confidential Grade J (60), Job Code 330, increase the standard work 267 December 20, 2011 week and approved hours from 37.5 to 40 per week. Planning • Senior Planner, Position #680, White Collar Grade N (14), Job Code 609, increase standard work week and the approved hours from 35 to 37.5 per week. Social Services • Social Welfare Examiner, Position #1371, White Collar Grade K (11), Job Code 538, increase standard work week and the approved hours from 35 to 40 per week. • Senior Caseworker, Position #1126, White Collar Grade 0 (15), Job Code 581, increase standard work week and the approved hours from 35 to 40 per week. Health Department • WIC Program Director, Position #474, White Collar Grade N (14), Job Code 598, decrease standard workweek and the approved hours from 40 to 37.5 hours per week. Planning • Secretary, Position #683, White Collar Grade J (10), Job Code 671, decrease standard work week and the approved hours from 40 to 37.5 per week. Information Technology Services • Microcomputer Specialist, Position #390, White Collar Grade L (12), Job Code 638, decrease the standard work week and the approved hours from 40 to 35 hours per week. • GIS Technician, Position #386, White Collar Grade J (10), Job Code 713, decrease the standard work week and the approved hours from 40 to 35 hours per week. RESOLVED, further, That the following positions are abolished effective January 1, 2012: Probation Department • Administrative Assistant, 35 hours per week, Position #829, White Collar Grade L (12), Job Code 535. • Keyboard Specialist, 35 hours per week, Position #696, White Collar Grade E (5), Job Code 507. • Registered Professional Nurse, 20 hours per week, Position #851, White Collar Grade N (14), Job Code 565. • Secretary, 35 hours per week, Position #1220, White collar grade J (10), Job Code 671. • Secretary, 17.5 hours per week, Position #844, White collar grade J (10), Job Code 671. • Senior Probation Officer, 40 hours per week, Position #839, White Collar Grade of P (16), Job Code 597. SEQR ACTION: TYPE II -20 ********** 268 December 20, 2011 Resolution 2011-235: Implementation of the 2012 Budget - Departmental Fees (DOC ID: 3050) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, various departments are authorized to charge assorted fees for various services, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That all changes and increases in fees and changes in methods of charging fees specifically identified in the departmental budget requests and included in the 2012 budget adopted by the Tompkins County Legislature, are hereby authorized and approved. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-236: Implementation of 2012 Tompkins County Budget - Memberships (DOC ID: 3049) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is in the best interest of the County to have County personnel be members of a variety of organizations, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That memberships in all municipal and professional organizations specifically listed in 2012 budget requests and included in the 2012 budget adopted by the Tompkins County Legislature, are hereby authorized and approved. SEQR ACTION: TYPE II -20 * ********* Resolution 2011-237: Delegation of Authority to Authorize Certain Tax and Solid Waste Fee Refunds Under $500 (DOC ID: 3047) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 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 or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, Solid Waste Fee refunds are authorized under Resolution No. 181 of 1996, and WHEREAS, it is the opinion of the Budget, Capital, and Personnel Committee, that the delegation to the County Administrator would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the County Director of Assessment shall transmit refund recommendations to the County Administrator, RESOLVED, further, That the County Administrator is hereby authorized to make payments of any refunds of less than $500 as if the Tompkins County Legislature had performed this audit in compliance with Paragraph 1-7 of Section 566 of the Real Property Tax Law, RESOLVED, further, That any refund of $500 or more must be approved by the Tompkins County Legislature pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law, 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 refunds processed, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2012. SEQR ACTION: TYPE I1-20 * * * * * * * * * * 269 December 20, 2011 Resolution 2011-238: Authorization to Disburse Funds - County Administration (DOC ID: 3045) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is necessary to specify annually the manner of disbursement of appropriated funds, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the County Administrator be and hereby is authorized and directed to disburse all appropriated funds up to the amount of the appropriation included in the 2012 budget, provided that whenever a contract is required funds will be disbursed in accordance with the terms of said agreement. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-239: Delegating to the Finance Director of the County of Tompkins, New York, the Power To authorize the Issuance of and to Sell $10,000,000 Revenue Anticipation Notes of Said County in Anticipation of Receipt of State Aid During the Fiscal Year of Said County Commencing January 1, 2012 (DOC ID: 2972) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is prudent to allow for the possible issuance of revenue anticipation notes should there be a cash flow problem resulting from delays in State Aid during 2012, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, by the Legislature of the County of Tompkins, New York as follows: Section 1. The power to authorize the issuance and to sell $10,000,000 revenue anticipation notes of the County of Tompkins, New York, including renewals thereof, in anticipation of the receipt of State Aid due said County during the fiscal year of said County commencing January 1, 2012, is hereby delegated to the Finance Director, the chief fiscal officer of such County. Such notes shall be of such terms, for and contents, and shall be sold in such manner as may be determined by the Finance Director, consistent with the provisions of the Local Finance Law. Section 2. This resolution shall take effect immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-240: Worker's Compensation Budget and Apportionment - Mutual Self -Insurance Plan (DOC ID: 2971) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Budget, Capital, and Personnel Committee estimates that the sum of $2,000 will be required during the year 2012 for the payment of compensation in old and pending cases on behalf of the County and participating municipalities under the Mutual Self -Insurance Plan and for the expenses of administering same, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That there be raised from the County and participating municipalities in 2012 the total sum of $2,000, the same to be apportioned to the County and the participating municipalities in the proportion that their equalized valuation bears to the aggregate valuation of the County and all participating municipal corporations, as follows: 270 December 20, 2011 Municipality Taxable Full Value Apportionment Caroline $ 192,773,560 $ 30.48 Danby $ 246,099,831 $ 38.91 Dryden $ 728,275,378 $ 115.14 Enfield $ 166,721,034 $ 26.36 Groton $ 168,251,834 $ 26.60 Ithaca (Town) $ 894,784,317 $ 141.46 Lansing (Town) $ 709,814,711 $ 112.22 Newfield $ 245,413,682 $ 38.80 Ulysses $ 323,067,702 $ 51.08 Ithaca (City) $ 1,512,832,421 $ 239.17 Dryden (Village) $ 106,452,423 $ 16.83 Freeville (Village) $ 24,391,583 $ 3.86 Trumansburg (Village) $ 113,656,068 $ 17.97 Lansing (Village) $ 435,812,574 $ 68.90 Groton (Village) $ 79,223,258 $ 12.52 Cayuga Heights (Village) $ 377,745,414 $ 59.72 County of Tompkins $ 6,325,315,790 $ 1,000.00 Total $ 12,650,631,580 $ 2,000.00 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-241: Authorizing Payments for Community College Operating Budget (DOC ID: 2964) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Legislature has heretofore and by resolution approved the 2011-2012 operating budget for the Tompkins Cortland Community College and appropriated the necessary funds to pay the Tompkins County proportionate share of the operating budget of said college, and WHEREAS, to accommodate Tompkins Cortland Community College's fiscal year and cash-flow needs, it is important that Tompkins County's share be paid during the first half of the calendar year, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the County Administrator be and hereby is authorized and directed, pursuant to the provisions of the Education Law of the State of New York and within the authorization provided by this Legislature, to pay Tompkins Cortland Community College an amount up to but not to exceed the Tompkins County budgeted share of the operating costs of said college for the fiscal year 2011-2012 on the following dates in the following amounts: January 1, 2012 $ 670,149 March 1, 2012 $ 670,149 May 1, 2012 $ 670,149 July 1, 2012 $ 670,149 Total: $ 2,680,596 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-242: Authorization for Finance Director to Make Year -End Transfers, Appropriations, and Budget Adjustments as Required (DOC ID: 2968) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 271 December 20, 2011 WHEREAS, it is necessary, annually, to balance Tompkins County's financial books, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That during 2012 the County Finance Director be and hereby is authorized and directed to make year-end transfers, appropriations, and budget adjustments required to clear credit balances from the books at year's end, RESOLVED, further, That any such additional entries made by the County Finance Director shall be reported back to the Tompkins County Legislature. SEQR ACTION: TYPE II -20 * ********* Resolution 2011-243: Town and City Budgets and Printing of Tax Rates (DOC ID: 2963) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, annually Tompkins County must keep a record of the adopted City and Town budgets and must, in accordance with the laws of New York State, levy and collect property taxes per those adopted budgets, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That, in accordance with the laws of the State of New York and with budgets adopted by the several town boards of the County of Tompkins now on file with the Clerk of the Legislature, there be levied upon and collected from the taxable property of the several towns of the County and the City of Ithaca the sums contained in those budgets, RESOLVED, further, That said summaries of the budgets of the several towns of the County and the City of Ithaca be printed in the 2011 Proceedings of the Tompkins County Legislature, RESOLVED, further, That after the tax rates are ascertained for the various towns and the City of Ithaca, the Clerk shall print such rates in the 2011 Proceedings of the Legislature following the budgets of the several towns and City. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2011-244: Approving Completed Tax Rolls and Directing the Executing and Delivery of Warrants (DOC ID: 2962) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, it is necessary annually to provide for property tax collection in Tompkins County to meet expenses and the cost of county governments in Tompkins County, and to direct that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon, RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.00(b) of the Tompkins County Charter, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chair and the Clerk of the Legislature under seal of the Legislature and by the Director of Assessment, and that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the nine towns and City districts of the County. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Approval of Appointments Under the Consent Agenda 272 December 20, 2011 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: Mental Health Subcommittee- terms expire December 31, 2015 Nancy Suci - Community Member representative Christine Decker - Community Member representative Developmental Disabilities Subcommittee- terms expire December 31, 2015 Katrina Schickel - Community Member representative Janette Lynch - Community Member representative Sheila Foote - Community Member representative Carol Booth — Community Mental Health Services Board member representative Substance Abuse Subcommittee - term expires December 31, 2015 John Bezirganian - Community Mental Health Services Board representative Community Mental Health Services Board - terms expire December 31, 2015 Gregory Eells Janette Lynch John Bezirganian Carol Booth Youth Services Board Bernice Yarosh - At -large representative - term expires December 31, 2014 Office for the Aging Advisory Committee Eugene Lovelace - term expires December 31, 2014 Edith Spaulding - term expires December 31, 2014 Irene F. Gutchess - terms expire December 31, 2012 Mary Oltz - term expires December 31, 2014 Ronda S. Ketcham - term expires December 31, 2012 Board of Health Brooke Greenhouse — Consumer representative; term expires December 31, 2017 Library Board of Trustees - terms expire December 31, 2014 Aloja Airwele Gwen Glazer Rochelle Proujansky Public Information Advisory Board Stacey Shackford - term expires December 31, 2013 Soil and Water Conservation District Ronald Updike — At -large representative; term expires December 31, 2014 Water Resources Council — terms expire December 31, 2014 Sharon Anderson — Cooperative Extension representative Liz Cameron - Environmental Health representative Jim McGarry — EMC representative William George — Municipal representative A. Fay Benson — Agriculture representative Elaine Quaroni — At -large representative Gregg McConnell — At -large representative 273 December 20, 2011 Todd Miller —USGS representative (Ex -officio) Environmental Management Council — terms expire December 31, 2013 Edward R. Wilson, PE — At -large representative Spring Buck — At -large representative Gary Stewart — At -large representative Roger Yonkin — At -large representative Sarah Adams — At -large representative Katherine Engler — At -large representative Steve Nicholson — EMC Chair; term to expire December 31, 2012 Workforce Diversity and Inclusion Committee Kit Kephart — County Staff representative — term expires December 31, 2014 Empire Zone Administration Board - terms expire December 31, 2014 Jean McPheeters — Local Business representative Carl E. Haynes — Local Education representative Michael Hattery — Zone resident representative Personal Emergency Response Service Advisory Board — terms expire December 31, 2013 Joan Murphy — Agency Representing Disabled or Elderly representative Kenneth Lansing — Police Agency representative Mary E. (Beth) Harrington — Agency representing Disabled or Elderly representative Adrian Lucas — Agency representing Disabled or Elderly representative — term expires December 31, 2012 STOP -DWI Advisory Board — term expire December 31, 2014 Patricia Buechel — Probation representative Family Court Advisory Council — term expire December 31, 2014 Trudy Pantalia — At -large representative Criminal Justice Advisory/Alternatives-to-Incarceration Board — terms expire December 31, 2014 Susan Robinson — At -large representative Nancy Zook — Youth Services Department representative Traffic Safety Committee — term expires December 31, 2014 Thomas L. Ferretti — Village Police Official representative Emergency Communications Review and Oversight Committee — terms expire December 31, 2014 Kenneth Lansing — Sheriff representative Tim Bangs — EMS representative Vincent Monticello, Sr. — Ithaca Police Chief representative Planning, Development, and Environmental Quality Committee Resolution 2011-245: Recommending Statewide Ban on High -Volume Hydraulic Fracturing (DOC ID: 3012) MOVED by Mr. Mackesey, seconded by Ms. Chock. It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to amend the Air Quality section as follows: "...ground -level ozone, and airborne silica from sand mining". A voice vote resulted as follows on the amendment: Ayes — 5 (Legislators Burbank, Chock, Kiefer, Pryor, and Robertson); Noes — 10 (Legislators Dennis, Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robison, Shinagawa, and Stein). AMENDMENT FAILED. 274 December 20, 2011 It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the first Resolved and delete the word "may". It was MOVED by Mr. Stein, seconded by Mr. McKenna, to Call the Question. A voice vote resulted as follows: Ayes — 4 (Legislators Lane, McKenna, Proto, and Stein); Noes — 11. MOTION FAILED. A voice vote on the amendment to delete the word "may" resulted as follows: Ayes — 10, Noes — 5 (Legislators Herrera, Lane, McKenna, Proto, and Robison). AMENDMENT CARRIED. A roll call vote resulted as follows on the resolution as amended: Ayes — 14, Noes — 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has released the Revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) on the Oil, Gas and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High - Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs (hereinafter referred to as the "Document"), and WHEREAS, the Document does not adequately address the cumulative impacts of Marcellus Shale development on a substantial region of New York State: • Industrial use. Gas drilling utilizing high-volume hydraulic fracturing is a heavy industrial land use that fundamentally changes the character of rural areas and potentially undermines the pillars of the rural economy - agriculture, forestry, tourism, and outdoor recreation. It would occur in areas not intended for industrial land uses. Permitted development in Tompkins County could result in a cumulative area of industrial land use equal to or greater than the entire current amount of industrially developed land in Tompkins County. Under municipal land use regulatory authority, existing industrial land use was most often sited after years of careful planning at the municipal level and review of site plans for specific activities and sites. This planning process assured that industrial land uses were located in areas that have infrastructure sufficient to support the activity, including major highways and public water and sewer infrastructure, and that do not conflict with the protection of valued natural resources. Gas drilling, by contrast, is likely to occur in areas that are not designated or suitable for industrial land uses, that have little or no infrastructure adequate to support the activity, and that have not been subjected to a comprehensive planning process to evaluate impacts of this development. • Local landscapes. The SGEIS is based on the premise that local authority to review gas drilling activity has been precluded by the State of New York. The result will almost certainly be the degradation and fragmentation of our natural areas and rural landscape with serious negative impacts on a rural way of life and the function of some of our natural and wildlife resources. Invasive species of plants and animals thrive particularly at the "edges" of forests and fields, and the proliferation of drilling pads and centralized impoundment areas will introduce significantly more land with such edges. • Water resources. Water withdrawals are insufficiently regulated and the cumulative effects of removing billions of gallons of water from the ecosystem, effectively permanently, are barely addressed in the document. The Document acknowledges that impacts on water quality are likely and prohibits drilling in the New York City watershed, the Skaneateles Lake watershed and, on a temporary basis, over primary and principal aquifers. However, other public and private water supplies whether from surface or groundwater sources are not provided this level of protection. Although a US EPA study is underway to assess the impacts of gas drilling on water resources the SGEIS was released without waiting for the results of that study. • Air quality. The document does not sufficiently address threats to air quality and public 275 December 20, 2011 health from drilling operations, including emissions of nitrogen oxide (NOX) and volatile organic compounds that contribute to creation of ground -level ozone. These and other impacts on air quality and public health must be identified and prevented. • Gas processing and transmission. Pipelines and compression stations are not addressed by the Document. The NYSDEC fails to recognize a responsibility to establish a mechanism to coordinate environmental review with the Public Service Commission, including regulating gathering lines that are below the size regulated by PSC, and requiring that cumulative effects of the entire industry are considered together. • Thresholds. There is a recognition in the Document that thresholds of activity would be needed to set limits that the environment could sustain without permanent damage. However, it is unclear how such limits could or whether they actually would be established. In the Document, the spacing unit is the only limiting factor on development. The Document fails to establish a pace and level of development that the human and natural environment could tolerate. • Social and Economic Impacts. The Document does not adequately address the potential negative impact on other sectors of the economy that depend on our existing environment, clean water, and viewsheds. In Tompkins County these sectors include higher education, high-tech spin-off industry, grape growing and wine production, agriculture, and tourism, each of which receives costly New York State economic development support. Nor does the document address the serious long-term adverse effects of a boom and bust economy, to issues of equity in that the economic benefits of gas drilling will accrue to a relatively few and the negative impacts will impact many including those least able to absorb those impacts. The document goes to great lengths to estimate and quantify the purported economic benefits of gas drilling but makes no such attempt to quantify the numerous negative impacts. • Failure to consider impacts on other State plans. The Document toes not address how gas drilling would impact priority protection areas identified in the New York State Open Space Plan or whether it would be consistent with the State of New York's goal to reduce greenhouse gas emissions by 80% by 2050. These failures alone require that permitting of wells using high-volume hydraulic fracturing not proceed, and WHEREAS, these failings make it clear that the risks and known impacts of high-volume hydraulic fracturing using current technology and methods outweigh any positive economic benefits that may accrue from the industry in New York State, and WHEREAS, in spite of thousands of comments of the first draft SGEIS, many pointing out the pending US EPA study of the risks of hydrofracturing to our water and air and requesting that the SGEIS be deferred to incorporate the results of that study, the Document was released prior to obtaining this critical information, and WHEREAS, the only conclusion that can be drawn from the Document is that there are no measures that the State of New York is willing or able to require that would sufficiently mitigate the serious, severe negative impacts of Marcellus Shale drilling on the environment, public health, and socioeconomic conditions in affected regions of the State that would be sufficient to allow drilling in the Marcellus Shale to occur, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature finds that given the many continuing flaws in the Document, including failure to assess the wholesale industrialization of our rural landscapes, the life cycle analysis of greenhouse gas emissions from natural gas, and cumulative socioeconomic impacts of a boom and bust extractive economy, as well as a recognition in the Document that horizontal drilling and high- volume hydrofracturing pose significant risks to our water resources, that horizontal drilling and high- volume hydrofracturing should be banned in New York State, RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation Division of Mineral Resources, Governor Andrew Cuomo, NYSDEC Commissioner Joe Martens, New York State Department of Environmental Conservation Executive Deputy Commissioner Marc S. Gerstman Chair of the Senate Committee on Environmental Conservation Mark Grisanti, Chair of the Senate Committee on Energy and 276 December 20, 2011 Telecommunications, George D. Maziarz, Senate Majority Leader Dean Skelos, Deputy Senate Majority Leader Thomas W. Libous, Senate Minority Leader John Sampson, Deputy Minority Leader Neil D. Breslin, New York State Senators James Seward, Michael Nozzolio, Thomas O'Mara, Liz Krueger, Thomas Duane, Bill Perkins, New York State Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Chair of the Assembly Committee on Environmental Conservation Robert Sweeney, Chair of the Assembly Energy Committee Kevin Cahill, Assemblywoman Barbara Lifton, Attorney General Eric Schneiderman, United States Senate Committee on Energy and Natural Resources Chair Jeff Bingaman, United States Senate Subcommittee on Energy, Water, and Power Chair Jeanne Shaheen, United States Senators Charles Schumer and Kirsten Gillibrand, United States Representatives Energy and Water Development and Related Agencies Subcommittee Chair Rodney P. Frelinghuysen, Subcommittee on Environment and the Economy Member Diana DeGette, United States Representatives Maurice Hinchey, and Richard Hanna, and the New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors. SEQR ACTION: TYPE II -20 Recess * * * * * * * * * * Ms. Robertson declared recess at 6:37 p.m. The meeting reconvened at 6:47 p.m. Presentation Following the PowerPoint presentation by Mr. Gillespie of HOLT Architects concerning the Renovation Project for the Human Services Annex building, Ms. Pryor requested the Finger Lakes Independence Center be consulted for handicap accessibility requirements and necessities. Mr. Gillespie and Mr. LeMaro agreed to contact the agency. Recess Ms. Robertson declared recess at 8:45 p.m. The meeting reconvened at 8:52 p.m. Budget, Capital, and Personnel Committee Resolution 2011-246: A Bond Resolution Authorizing the Issuance of Up to $1,300,000 Serial Bonds and Notes of the County of Tompkins, New York, to Pay a Portion of the Cost of a Capital Improvement Project at 214 West Martin Luther King, Jr., Street/West State Street (DOC ID: 3060) MOVED by Mr. Dennis, seconded by Ms. Kiefer. It was MOVED by Ms. Chock, seconded by Mr. Proto, to add the following Resolved: "RESOLVED, further, That this Tompkins County Legislature reaffirms the decision in Resolution No. 226 of 2010 authorizing the purchase of the Human Services Annex and relocating the Office for the Aging and Resolution No. 76 of 2011 authorizing the issuance of bonds to support the renovation and will not revisit that use for a minimum of five years." Mr. Wood, County Attorney, ruled this motion was not permissible in a bond resolution. It was MOVED by Mr. Proto, seconded by Mr. Lane, to amend the amount from $1,300,000 to $1,175,000. A voice vote resulted as follows: Ayes — 3 (Legislators Lane, McKenna, and Proto); Noes — 12. MOTION FAILED. A roll call vote resulted as follows on the resolution: Ayes — 12, Noes — 3 (Legislators Herrera, Mackesey, and Proto). RESOLUTION ADOPTED. 277 December 20, 2011 Mr. Proto requested the record reflect the following information as stated by County Administrator Joe Mareane: Mr. Mareane understands the approval of the resolution is that the Legislature has given staff the authority to bid a project that would be funded at $1,268,000 and if there is a savings it might provide an opportunity to include some or all of the additional alternatives outlined including the furnishings. WHEREAS, the County of Tompkins, New York, (the "County") is 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"), and WHEREAS, the County is considering undertaking a capital improvement project (the "Project") consisting of certain renovations, reconstruction, and additions to the County's building located at 214 West Martin Luther King, Jr., Street/West State Street, and WHEREAS, the Project consists of replacement, rehabilitation, and reconstruction of a facility, in kind, on the same site, and WHEREAS, the County reviewed the classifications of actions contained in the Regulations, and WHEREAS, on May 17, 2011, the County Legislature of the County adopted a bond resolution (the "May 17, 2011, Bond Resolution") entitled: "A Bond Resolution Authorizing the Issuance of Up to $750,000 Serial Bonds and Notes of the County of Tompkins, New York, to Pay a Portion of the Cost of a Capital Improvement Project at 214 West Martin Luther King, Jr., Street/West State Street", and WHEREAS, the estimated cost of the Project authorized in the May 17, 2011, Bond Resolution has since increased, and WHEREAS, the Legislature of the County wishes to modify the May 17, 2011, Bond Resolution for the primary purpose of increasing the maximum estimated cost of the proposed project and the plan for the financing thereof from $750,000 to $1,300,000, representing an increase of $550,000, and WHEREAS, the County Legislature of the County intends hereby to amend and restate (in its entirety) the May 17, 2011, Bond Resolution for the reason identified above, and to make other modifications to the May 17, 2011, Bond Resolution as may be consistent with law, and RESOLVED, on recommendation of the Budget, Capital, and Personnel 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. The County hereby ratifies its prior determination that the Project constitutes a Type II Action pursuant to Part 617.5(c)(2) of the Regulations and as such is not subject to review under SEQRA. Section 2. 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 related construction, demolition, renovations, site improvements, original furnishings, fixtures and equipment required for such purposes, architectural and engineering fees, and all other cost incidental to such work, there are hereby authorized to be issued up to $1,300,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $1,300,000 and that the plan for the financing thereof is by the issuance of up to $1,300,000 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 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years under subdivision 12(a)(2) 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 5. 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 278 December 20, 2011 such manner, as may be prescribed by said County Director of Finance, consistent with the provisions of the Local Finance Law. Section 6. 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 7. 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 8. 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 9. 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 10. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 11. 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 279 December 20, 2011 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 12. 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 I1-20 * * * * * * * * * * Report from the County Attorney Mr. Wood reported an error in Resolution No. 207 of 2011 establishing the Annual Solid Waste Fee. He requested permission to allow the Clerk of the Legislature to correct the dollar amount and change $10,996 for TC3 to $23,603. It was MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote, to authorize the Clerk of the Legislature to correct the error as outlined above by the County Attorney. Health and Human Services Committee Resolution 2011-247: Authorizing Changes in Charge Structure - Tompkins County Home Health Care - Health Department (DOC ID: 3025) MOVED by Mr. Proto, seconded by Mr. Burbank, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, Tompkins County's accounting consultant, Michael McCarthy, CPA, of McCarthy & Conlon, LLP, has recommended changes in the Certified Home Health Agency fee structure to maximize Medicaid and Medicare revenues, and WHEREAS, New York State currently promulgates rates on the day the County Legislature approves them and it is therefore, desirable for Tompkins County to adopt the 2012 rates in December 2011 for implementation on January 1, 2012, and WHEREAS, all changes proposed were made to align charges with actual costs per unit of service as determined during Mr. McCarthy's most recent review of our financial and statistical data, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Tompkins County Health Department implement the charge structure below, as recommended by Michael McCarthy, CPA, in order to maximize Medicaid, Medicare, and other third -party revenues: 2012 Tompkins County Home Health Care Fee Schedule 2009 2010 2011 2012 Skilled Nursing $175.00 $215.00 $242.00 $245.00 High Tech Nursing $200.00 $240.00 $275.00 $275.00 Physical Therapy $115.00 $155.00 $162.00 $165.00 Speech Therapy $120.00 $120.00 $120.00 $120.00 Occupational Therapy $115.00 $118.00 $127.00 $135.00 Home Health Aide $48.00/hr $53.00/hr $53.00/hr $53.00/hr $96.00/visit $95.00/visit $95.00/visit $95.00/visit 280 December 20, 2011 RESOLVED, further, That the Department sets the per hour Nursing Administrative Charge at ninety-two dollars ($92.00) per hour, for services as appropriate (e.g., rabies post exposure, immunization administration, etc.). SEQR ACTION: TYPE II - 20 ********** Facilities and Infrastructure Committee Resolution 2011-248: Appropriation from Contingent Fund - Terminal Pay - Highway Division (DOC ID: 2924) MOVED by Ms. Chock, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, in the Highway Division, one Heavy Equipment Operator (Roger Ganoung), retired effective February 28, 2011, one Motor Equipment Operator (John Navarro) retired effective August 2, 2011, and one Sign Mechanic (Sidney Dense), retired (disability) effective October 1, 2011, 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 Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget adjustment for 2011: FROM: A1990.54400 Contingent Fund $11,859.54 TO: D5110.51000810 Heavy Equipment Operator $ 1,730.05 D5110.51000809 Motor Equipment Operator $ 8,891.07 D3310.51000813 Sign Mechanic $ 1,238.42 SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2011-249: Authorizing an Agreement with the State of New York for Transfer of Taughannock Boulevard Parcel that Buffers the Black Diamond Trail (DOC ID: 3054) MOVED by Ms. Mackesey, seconded by Ms. Herrera, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, sixteen (16) parcels were subject to foreclosure proceedings by Tompkins County in 2010, and WHEREAS, Town of Ithaca Tax Parcel #25.-1-8 was one of the parcels subject to foreclosure, and WHEREAS, the parcel is a vacant, 0.05 -acre parcel located on Taughannock Boulevard, adjacent to the Black Diamond Trail, and WHEREAS, the parcel is located in the Lakeshore Natural Features Focus Area and the Indian Creek Gorge and Lake Slope Unique Natural Area (UNA-97), and WHEREAS, the parcel is bordered to the west and south by New York State Park property, and WHEREAS, the County Planning Department recommended that the Government Operations Committee withhold the parcel from the 2010 foreclosure auction in order to study options for the parcel's protection, and WHEREAS, the Government Operations Committee voted to withhold the parcel from the 2010 foreclosure auction, and WHEREAS, New York State Parks expressed interest in acquiring the parcel for $1,000 to serve as a buffer to the Black Diamond Trail, and 281 December 20, 2011 WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate the Environmental Assessment Form with respect to this property transfer, 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 an agreement with the State of New York, RESOLVED, further, That the County Administrator or his designee is also authorized to execute other agreements necessary for the County to implement the transfer to the State of New York. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Appointments MOVED by Ms. Mackesey, seconded by Mr. Stein, to approve the following appointments. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Proto). APPOINTMENTS APPROVED. Planning Advisory Board — terms expire December 31, 2014 Martha Armstrong — Economic Development representative Minakshi Amundsen — At -large representative Fernando de Aragon — Transportation representative John Gutenberger — Education representative John Spence — Housing representative Andrew Zepp — Land Preservation/Public Land Management representative Budget, Capital, and Personnel Committee Resolution 2011-250: Authorizing the Extension of Audit Contract with Ciaschi, Dietershagen, Little, & Mickelson, LLP (DOC ID: 3061) MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote. RESOLUTION ADOPTED. Mr. Proto disclosed that he is a partner with one of the members of this firm on other items not related to this resolution. WHEREAS, the current auditor, Ciaschi, Dietershagen, Little, & Mickelson, LLP, was selected by an RFP (Request for Proposals) process in 2009, and WHEREAS, the current auditor has submitted a proposal to extend their contract with the County for three additional years at the current cost structure, and WHEREAS, extension of the agreement at current contract price level of $68,000 would be fiscally prudent and reduce pressure on the budget of the Finance Department, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, and the Audit Sub -Committee, That the Director of Finance is authorized to accept a proposal for contract extension of the audit engagement with Ciaschi, Dietershagen, Little, & Mikelson, LLP, for the years 2012-2014, RESOLVED, further, That the County issue an RFP for auditing services upon the expiration of the aforementioned contract extension. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2011-251: Authorization to Sign Drafts - County Administrator (DOC ID: 2969) MOVED by Mr. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, it is necessary, annually, to authorize a Tompkins County official to sign all Tompkins County drafts, now therefore be it 282 December 20, 2011 RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That during 2012 the County Administrator be and hereby is authorized to sign all drafts of the County of Tompkins and to delegate this authority to the Finance Director, RESOLVED, further, That County Officials acting in their official capacity as custodians or other representatives of clients have authority to sign checks in furtherance of their fiduciary responsibilities. SEQR ACTION: TYPE I1-20 Withdrawal of Resolution(s) from the Agenda Ms. Robertson granted Mr. Dennis permission to withdraw from the agenda the resolution entitled "Approval of Amended Bylaws — Tompkins County Workforce Diversity and Inclusion Committee". Approval of Minutes MOVED by Mr. Proto, seconded by Ms. Pryor, to approve the minutes of the December 6, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Kiefer). MINUTES APPROVED. Recess Ms. Robertson declared recess at 9:52 p.m. The meeting reconvened at 10:00 p.m. Executive Session MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote, to hold an executive session at 9:52 p.m. to discuss possible litigation and negotiations. The meeting returned to open session at 11:05 p.m. Adjournment The meeting adjourned at 11:05 p.m. 283 2011 LOCAL LAWS LOCAL LAW TITLE(S) Local Law No. 1 of 2011 - A Local Law Amending the County Code in Relation to Road Preservation by Temporarily Excluding Certain Traffic that would Materially Injure County Roads (Adopted September 6, 2011) Local Law No. 2 of 2011 — A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 (Adopted October 4, 2011) Journal of Proceedings NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County Cly of Town Village Tompkins Local Law No. 1 of the year 2011 A local law Amending the County Code in Relation to Road Preservation by Temporarily Excluding (Insert Title) Certain Traffic that would Materially Injure County Roads Be it enacted by the Tompkins County Legislature (Name of Legislative Body) of the County City of Tompkins as follows: Town Village The County Code is amended by adding a new Chapter, which shall read as follows: SECTION I: FINDINGS & PURPOSE The Tompkins County Legislature has determined the County is facing a variety of impending major development efforts that may result in extraordinary, high-intensity traffic to and from development sites, causing significant and measurable damage to County roads that jeopardizes the health and safety of residents and others who use those roads. Accordingly, the damage that results from high-intensity traffic must be anticipated, analyzed, and repaired promptly and to appropriate engineering standards. The Legislature has further determined that it is in the best interest of taxpayers and the general public to assign responsibility for the repair of damage to County roads attributable to such high-intensity use, and, where necessary, for the improvement of County roads to a standard appropriate for high-intensity use prior to the commencement of the activity, to those responsible for the damage rather than to all County taxpayers. The purpose of this law is to maintain the safety and general welfare of County residents by regulating heavy uses of County roads that have the potential to adversely affect such roads. Well- maintained roads are important to the safety and economic well-being of the County and its residents. Endeavors, such as construction, timber harvesting, mining, and natural gas drilling are also of economic 286 Journal of Proceedings interest. This law is not intended to regulate such businesses: the intent is to protect the public roads from damage. SECTION II: AUTHORITY The County is authorized to adopt this local law by Section 1650(4) of the New York State Vehicle and Traffic Law as well as by the Municipal Home Rule Law that authorizes the County to adopt local laws to protect the health and safety of its citizens. SECTION III: DEFINITIONS 1. High -Frequency, High -Impact Truck Traffic: Traffic to and from a project site that generates more than one thousand (1,000) truck trips. For purposes of this law, a truck trip is a trip to or from the project site involving a truck with a gross weight of thirty (30) or more tons (truck and load combined). A single truck makes two truck trips if it meets the weight limit traveling to the project site and meets the weight limit traveling from the project site. 2. Bond: A commercial bond to ensure that the condition of the County roads is not adversely impacted by high -frequency, high -impact truck traffic. The County Legislature may accept an equivalent financial guarantee in lieu of bond. 3. Bond Release: A bond release given by the County Highway Manager based on satisfactory road conditions at completion of the high -frequency, high -impact truck traffic. 4. Permittee: The permittee is the person responsible under this law to obtain a permit regardless of whether the person in fact obtains a permit. The permittee is the person responsible for the project generating the truck traffic. In any instance in which another permit is required, such as a building, drilling, or mining permit, any person who obtained any such permit or was required to obtain such other permit shall be deemed the permittee for purposes of this law. In the event no other permit is required, the owner of any property on which the activity is taking place shall be deemed the permittee for purposes of this law. 5. Person: Any individual, public or private corporation, political subdivision, government agency, municipality, industry, co -partnership, association, firm, trust, estate, or any other legal entity whatsoever. 6. Temporary Project: Any non -permanent activity that generates high -frequency, high -impact truck traffic on County roads whether or not the project itself is located in the County. Projects include, but are not limited to, construction projects, mining, and drilling activities. With regard to projects that require another permit, such as a building, drilling, or mining permit, all activities covered by that other permit are considered part of the temporary project for purposes of this law. Agricultural operations as defined by New York State Agricultural District Law and the movement of agricultural products are excluded. Also excluded are school buses, law enforcement vehicles, fire -fighting vehicles, military vehicles, and municipal vehicles engaging in road work on behalf of municipalities. SECTION IV: GENERAL PROVISIONS 1. The County Legislature determines that high -frequency, high -impact truck traffic associated with temporary projects would materially injure County roads. 287 Journal of Proceedings 2. Upon a determination by the County Highway Manager that a temporary project may damage a County highway as a result of high -impact, high -frequency truck traffic on the County Highway, the Highway Manager shall erect signs on the appropriate sections of County highways setting forth the notice that such vehicles are excluded, and the notice shall also be published in the official newspaper in Tompkins County. 3. Any permitee may apply to the County Highway Department for a permit providing for an appropriate exemption for the vehicles serving the temporary project. Such permit shall be granted, upon appropriate terms and conditions, if the vehicles are performing essential local pick-up or delivery. For purposes of this law, pickup and delivery associated with New York State -permitted mining or gas -drilling operations shall be deemed essential local pickup or delivery. 4. Any such permit shall designate the route(s) to be traversed and contain other reasonable restrictions or conditions deemed necessary by the County Highway Manager. The conditions may include, but not be limited to, requiring the permittee to make road improvements to ensure that the roads have the strength and capacity to handle the anticipated traffic. The permit shall be carried on all vehicles serving the project and shall be open to inspection by any peace officer acting pursuant to his special duties, or police officer. Such permit shall be for the duration of the temporary project. 5. In order to obtain a permit the permittee must submit a permit application to the County Highway Department, which shall include all information required by the County Highway Manager including but not limited to: vehicle identification and owners/operators, vehicle weights, load weights, materials carried, route(s) to be followed from State Highway to site, duration of activity (beginning date and end date), frequency of trips and times of operation. The applicant shall pay a permit fee to be established by the County Legislature, but in no event shall the fee be less than $50. 6. The County Highway Manager may require the permittee to submit documentation (including, but not limited to, photographs and videos) of the condition of the roads, shoulders, and all structures (culverts, bridges, etc,) that will be traversed by the permitted traffic as a condition of the permit. 7. In addition to the restrictions on routes and other reasonable restrictions, the County Highway Manager will decide if the scope of work is such that a Bond is required, and the amount of any such bond. The determination of the need and amount of any bond shall be based on a determination of potential damage to County roads based on the truck routes, weight of the vehicles, frequency of travel, seasonal conditions and the type -category (classification) of the roads on the approved routes. 8. A permittee aggrieved by a determination of the Highway Manager regarding the need for or conditions of a permit may, within ten (10) days of the determination, appeal to the County Administrator. No action inconsistent with the determination of the County Highway Manager shall take place pending the determination of the County Administrator. 9. The permittee shall be responsible for assuring that the high -frequency, high -impact truck traffic does not prevent any impacted County road from remaining in safe and useable condition for all legal uses of the road throughout the duration of the temporary project. 10. Upon completion of the high -frequency, high -impact truck traffic project, the permittee will apply to the Highway Manager for a Bond Release. Upon inspection of the traveled roads, as necessary, the Highway Manager may approve the release of the Bond. If the release is not approved, the Highway Manager will specifically document the tasks that must be accomplished in order for the Bond to be released, which may include, but not be limited to, the payment of money for the repair to damaged roads. The permittee must remedy the specified problems before the bond may be released. 11. If the permittee does not comply with this law and all the terms and conditions of the permit and operate within the parameters specified on the permit, the permit may be revoked at the discretion of the 288 Journal of Proceedings Highway Manager. In the event that high -frequency, high -impact truck traffic uses any County roads without the required valid permit, the Highway Manager, any law enforcement officer or code enforcement officer, has the authority to deny access to the roads and, in cases where a County permit was required, to shut down the project. This relief is in addition to any and all damages and penalties. 12. The permittee will be responsible for the repair of any damages that occur to any County road when a project proceeds with or without a proper permit, as well as for all fines and penalties specified in this law. 13. In lieu of obtaining a permit any person who may be responsible to obtain a permit may enter into a Road Use agreement with the County although the County has no obligation to enter into a road use agreement. In such case the requirements shall be governed by the agreement, rather than by permit conditions. SECTION V: ENFORCEMENT The Highway Manager, in consultation with the County Attorney, shall enforce the provisions of this article and all rules, regulations, and designations made pursuant thereto. Such enforcement shall include but not be limited to legal or equitable proceedings, including without limitation an action for specific performance brought in the name of the County. SECTION VI: PENALTIES FOR OFFENSES A. Any person who violates this article shall be guilty of a violation and subject to a fine of not more that $500 and/or imprisonment for not more than fifteen (15) days. Each and every act committed that is prohibited by this law shall constitute a separate violation. Each time a vehicle travels on a County Road without a permit as required by this law shall constitute a separate violation. Violations may be prosecuted by the County District Attorney or any other person with authority to prosecute violations within the County. B. Upon failure of any permittee to comply with the requirements of this article, the permit shall be subject to suspension, revocation or to the imposition of conditions. SECTION VII: INVALID SEGMENT Should any section or provision of this Local Law be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a whole or any part thereof other than the part declared to be invalid. SECTION VIII: EFFECTIVE DATE This Local Law shall take effect on January 1, 2012. 289 Journal of Proceedings NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County Cly of Town Village Tompkins Local Law No. 2 of the year 2011 A local law Overriding Tax Levy Limit for Fiscal Year 2012 (Insert Title) Be it enacted by the Tompkins County Legislature (Name of Legislative Body) of the County city of Tompkins as follows: Town Village SECTION 1. Overriding Tax Levy Limit for 2012. For fiscal year 2012, the County of Tompkins is hereby authorized to override the real property tax levy limit established by Chapter 97 of the Laws of 2011 of the State of New York (Section 3-c of the General Municipal Law) and may adopt a budget requiring a tax levy that is greater than such tax levy limit. SECTION 2. Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State. 290 2012 TOWN BUDGET SUMMARIES Tompkins County Proceedings Town of Caroline 2012 Budget Summary FUND APPROPRIATIONS REVENUES UNEXPENDED TO RAISE TAX RATE 2012 2012 2012 2012 /1000 GENERAL A $600,850.00 $144,515.00 $100,000.00 $356,335.00 1.746 HIGHWAY DA $1,072,290.00 $214,500.00 $50,000.00 $807,790.00 3.957 DEBT SERVICE V $69,250.00 $0.00 $0.00 $69,250.00 0.339 TOTAL FOR TOWN W/O SPEC DISTRICTS $1,742,390.00 $359,015.00 $150,000.00 $1,233,375.00 6.042 SPECIAL DISTRICT 2012 ADOPTED BUDGET CAROLINE FIRE SF1 $71,360.00 $0.00 $0.00 $71,360.00 1.485 CAROLINE LIGHTING SL1 $7,500.00 $25.00 $100.00 $7,375.00 0.035 TOTAL DISTRICTS $78,860.00 $25.00 $100.00 $78,735.00 TOTAL W/SPECIAL DIST $1,821,250.00 $359,040.00 $150,100.00 $1,312,110.00 NONTAX TOWN ITEMS Brooktondale Fire District $0.00 0.000 Slaterville Fire District $87,750.00 1.431 292 Tompkins County Proceedings Town of Danby 2012 Budget Summary APPROPRIATIONS ESTIMATED UNEXPENDED AMOUNT TO BE FUND RAISED BY REVENUE BALANCE TAX GENERAL FUND - TOWNWIDE $722,538.00 $94,441.00 $0.00 $628,097.00 HIGHWAY FUND - TOWNWIDE $1,029,386.00 $123,950.00 $0.00 $905,436.00 TOTAL TOWN $1,751,924.00 $218,391.00 $0.00 $1,533,533.00 SPECIAL DISTRICTS DANBY FIRE DISTRICT $372,375.00 $0.00 $0.00 $372,375.00 WEST DANBY WATER DISTRICT $65,192.00 $13,525.00 $0.00 $51,667.00 TOTAL SPECIAL DISTRICTS $437,567.00 $13,525.00 $0.00 $424,042.00 GRAND TOTAL $2,189,491.00 $231,916.00 $0.00 $1,957,575.00 293 Tompkins County Proceedings Town of Dryden 2012 Budget Summary TO RAISE 2012 0 0 . M N oo M 01 00 69 0 0 . O V') [- 01 M 69 0 0 . O 69 0 0 . O 69 $1,243,623.00 ECIAL DISTRICT 2012 ADOPTED BUDGET 0 0 . kr; 01 ao n Cr) 00 69 0 0 . kr; N N 7r 69 0 0 . v� N .--, cr 69 0 0 . to oo N N. 69 $356,894.001 0 0 . O -, N N 69 100'0SS`IZ$ 0 0 . O O O ,--1 7r 69 0 0 . Oo N k!'1 69 0 0 . O O cn (41" V) 64 0 0 . O Vo .--i 69 0 0 . kr; O V1 ---- 69 0 0 . kn Cr) .--- EA, 0 0 . kr; r- N. 01 EA 0 0 . O O O kr) 69 0 0 . O O N N 69 0 0 . O V') N 00 M 69 0 0 . O N N .-I 69 $1,527,767.00 $2,771,390.00 APPROPRIATED FUND BALANCE 2012 $3,043.00 O O O 0o 00 O Cl") 01 6<3 O O kn M — vO O N 6<3 O O O oo c vO 01 6<3 O O o06 M r vO 00 O (N1 6R 00.000`0L$ O 0 64 O 0 0 69 O 0 0 6R O 0 0 O O N EA O O 0 69 O O 0 O VI 0; 69 O O 0 69 O O 0 6R O O 0 EA O O 0 69 $0.00 O O 0 64 O O 0 6R O O 0 6R O O 0 O O N 69 O O 0 6R O OO 0 6R O 0 O V') 00 Cr) 69 O O 00 en N 00 •- N 69 REVENUES 2012 O O O N l N 01 .--i 69 O O O O O L/'% 00 N 69 $144,900.00 O O O O O l� 01 N EA O O O N VO 01 .--i N M 64 O O O O O rn 69 $25.00 0 O kn. N— 59 O O to. 64 O O O O O N 69 O O kn. Ln O o0 69 00'00 i `0£$ 0 O O O ,—iv') cn S .--1 69 0 O :. 01 •� N 69 0 O O O M 01N' •--i 69 0 O O --1 O 69 0 O O O 00 3 0 O O Ln `.O N N 69 0 O kn. N l 69 0 O O O VO r`00' .--i 6R 0 O O VI en 69 0 O O O 00 S N ER 0 O O O �O .--i 69 $394,752.00 $3,614,372.00 APPROPRIATIONS 2012 $2,889,636.00 $1,565,630.00 O O vi M © - kr) en 69 $1,743,680.00 $6,549,981.00 O O kr; 01 o0 C O 01 EA O O 0 © M 6R O O 0 © N M b9 O O 0 © 00 N 6R O O 4 01 00N• k/'1 ,•D M 69 O O kr; vD kr) .--i 69 O O © v) �--, N 6R $214,100.00 O O kr; N •--� kO C 6R O O © © vD N 00 EA O O © v1 �D M 6R O O kr; © o0 N 6R O O V'1 kr) 01 00 69 O O 0 O O \O ,--1 6R O O 0 VD vD s \D 64 O O 0 t/ O M .-I EA 00 000 0 kr) O VD 6R 0 N O 0\ ,--1 6R O 01 . O ,--4'^a N © N 69 O O O © O t- In 00 69 A 6 A GENERAL TOWNWIDE IDA HIGHWAY TOWNWIDE IB GENERAL OUTSIDE IDB HIGHWAY OUTSIDE TOTAL GENERAL WARRANT Po SF 1 DRYDEN FIRE SL 1 VARNA LIGHTING SL2 ETNA LIGHTING SL3 MEADOW/LEISURE LIGHTING SM AMBULANCE DISTRICT SS 1 SAPSUCKER SEWER -UNITS SS2 VARNA SEWER -UNITS SS3 CORTLAND ROAD SEWER SS4 MONKEY RUN SEWER SS5 TURKEY HILL SEWER SS6 PEREGRINE SEWER SS7 ROYAL ROAD SEWER SWl VARNA WATER SW2 SNYDER HILL WATER SW3 MONKEY RUN WATER SW4 HALL ROAD WATER SW5 TURKEY HILL WATER SW6 ROYAL ROAD WATER TOTAL FOR SPECIAL DISTRICTS GRAND TOTAL 294 Tompkins County Proceedings Town of Enfield 2012 Budget Summary ADOPTED 2012 FUND BUDGET GENERAL FUND APPROPRIATIONS $543,333.03 LESS ESTIMATED REVENUES $350,847.89 LESS APPROPRIATED FUND BALANCE $192,485.14 TOTAL TO BE RAISED IN TAXES $295,733.89 HIGHWAY FUND APPROPRIATIONS $681,586.12 LESS ESTIMATED REVENUES $666,586.12 LESS APPROPRIATED FUND BALANCE $15,000.00 TOTAL TO BE RAISED IN TAXES $584,185.00 TOWN TOTAL TO BE RAISED IN TAXES $879,918.89 TAX RATE 5.212387 ASSESSED VALUE TOTAL $168,813,024.00 TOWN OF ENFIELD FIRE PROTECTION DISTRICT APPROPRIATIONS $320,062.00 LESS ESTIMATED REVENUES $320,062.00 LESS APPROPRATED FUND BALANCE $0.00 TOTAL TO BE RAISED IN TAXES $316,062.00 TAX RATE 1.813682 ASSESSED VALUE TOTAL $174,265,412.00 295 Tompkins County Proceedings Town of Groton 2012 Budget Summary AMOUNT TO BE RAISED BY TAX $393,954.00 O (Ni O 00 M ,� 64 O O IC—,- O 00 69 $247,425.001 o ,-- O 0 Cr) ,- 69 0 0 oo M 69 0 0 N N 69 0 0 O V'1 O ,-1 69 0 01 O 01 00 69 0 a1 O O O N 0 O N O C v') ,_ 69 UNEXPENDED FUND BALANCE $160,000.00 OO O O 69 O O ..n . 69 OOOO O O l 69 O O 00 M 69 O O OOO O O O co 00 M 69 ESTIMATED REVENUE $103,350.00 $54,150.00 O O ,--1 \C N N 69 O . M 01 01 ,� N 69 O kn M kr) cc O V0 69 O O 64 O O 69 O O 69 O O 69 O O 69 $2,541,785.00 $603,535.00 APPROPRIATIONS $657,304.00 $232,212.00 r oo -� in 01 64 �a M O O to bS $2,341,726.00 0 O 00 M 64 0000 O N N N 6S 0 O O t!1 O ,--1 69 0 0\ O 01 00 69 0 a1 O O O N 64 GENERAL FUND PART TOWN HIGHWAY FUND TOWNWIDE HIGHWAY FUND PART TOWN TOTAL TOWN SPECIAL DISTRICTS MC LEAN LIGHTING DISTRICT PERUVILLE LIGHTING DISTRICT GROTON FIRE PROTECTION DISTRICTS MC LEAN FIRE DISTRICTS TOTAL SPECIAL DISTRICTS GRAND TOTAL P Q Q --- V) N Ca/1 ,--4 iwa N 4-1 CC4 296 Tompkins County Proceedings Town of Ithaca 2012 Budget Summary APPROPRIATIONS ESTIMATED UNEXPENDED AMOUNT TO BE RAISED BY REVENUE FUND BALANCE TAX GENERAL FUND TOWNWIDE $4,560,689.00 $1,823,190.00 $505,944.00 $2,231,555.00 GENERAL FUND PART TOWN $1,308,950.00 $1,223,600.00 $85,350.00 $0.00 HIGHWAY FUND PART TOWN $2,600,500.00 $1,717,500.00 $140,000.00 $743,000.00 WATER FUND $4,165,730.00 $3,591,300.00 -$158,153.00 $732,583.00 SEWER FUND $2,410,525.00 $2,121,000.00 $88,182.00 $201,343.00 RISK RETENTION FUND $15,500.00 $15,500.00 $0.00 $0.00 INLET VALLEY CEMETERY FUND $1,500.00 $0.00 $1,500.00 $0.00 DEBT SERVICE $695,207.00 $655,207.00 $40,000.00 $0.00 TOTAL TOWN $15,758,601.00 $11,147,297.00 $702,823.00 $3,908,481.00 SPECIAL DISTRICTS FIRE PROTECTION FUND $3,473,000.00 $42,400.00 -$200,000.00 $3,630,600.00 FOREST HOME LIGHT DISTRICT $2,200.00 $0.00 $200.00 $2,000.00 GLENSIDE LIGHT DISTRICT $750.00 $0.00 $50.00 $700.00 RENWICK HGTS LIGHT DISTRICT $1,100.00 $0.00 $100.00 $1,000.00 EASTWOOD COMMONS LIGHT DISTRICT $2,200.00 $0.00 $200.00 $2,000.00 CLOVER LANE LIGHT DISTRICT $270.00 $0.00 $25.00 $245.00 WINNER'S CIRCLE LIGHT DISTRICT $800.00 $0.00 $50.00 $750.00 BURLEIGH DRIVE LIGHT DISTRICT $900.00 $0.00 $50.00 $850.00 WEST HAVEN ROAD LIGHT DISTRICT $3,000.00 $0.00 $250.00 $2,750.00 CODDINGTON ROAD LIGHT DISTRICT $1,750.00 $0.00 $100.00 $1,650.00 TOTAL SPECIAL DISTRICTS $3,485,970.00 $42,400.00 -$198,975.00 $3,642,545.00 GRAND TOTAL $19,244,571.00 $11,189,697.00 $503,848.00 $7,551,026.00 297 Tompkins County Proceedings Town of Lansing 2012 Budget Summary RAISED BY TAX N S O N 00 v, 00 00 ER O O O 6R O N. M l� tri 00 O 69 O O O 6R O O O 69 S M M. 0 VO l s ,- 69 O O O 0 S. --, 59 O 0 O 0 kr) n 6R O 0 O 0 O 06 6R O 0 O 6R O 0 00 O \0 V) 6R 0 0 O 0 O M 69 $1,340.001 0 0 O [� N 6R 0 O 0 6R 0 O 0 6R 0 O . M -i cri 00 in 6R N M 01 M l - O \0 N N 69 FUND BALANCE 0 0 O O v) [� Q1 En 0 0 s M kr) Q1 00 6R $154,400.00 0 0 4 d' l- a1 01 - 6R 0 0 O_ 9s 0 0 00 to M 1- 6R 0 0 O O N En 00.00S$ 00.00S$ 0 0 (:: 69 0 0 O 6R 0 0 O 69 0 0 O 6R 0 0 O 69 0 0 0 6R 0 0 0 64 0 0 0. O N '-- En 0 0 00 M `O M En- 9O REVENUE $759,185.23 o O O 0 l M I 69 $299,743.40 O O kr; 41 M 01 0 011 69 O O O En M ,O M N 0 s .—I N 69 O O O EA 0 0 C ER 0 0 C 6R 0 0 M `,O V') En' 6N9 0 0 r r---69 V0 en O O O O O O 69 O O O 69 O O O 69 $1,756,955.00 O O M Q1 `"' q N Cl.' 6R M ,.O vO '--, N M M d' ER % INCREASE \ O O --i o O O APPROPRIATIONS 0 0 VQ kr) In N a, Nrn 69 0 O N M N m $1,139,876.00 0 0 d1 M .--i Q; T-169 69 0 0 O 59 $4,249,808.00 0 0 O O 01 r --i 00'000`9$ 0 0 C O V) 06 6R $24,563.00 0 O . N kr) If O 6R 0 O O O 0 fl 69 0 0 O M 9 6 0 0 O kr) l� N 6R 0 0 O 6R $1,756,955.00 $2,840,529.00 $7,090,337.00 2012 1.3805 O 1-1 GENRAL FUND TOWNWIDE GENERAL FUND OUTSIDE VILLAGE HIGHWAY FUND TOWNWIDE HIGHWAY FUND OUTSIDE VILLAGE DEBT SERVICE FUND TOTAL TOWN SPECIAL DISTRICTS LUDLOWVILLE LIGHTING DISTRICT WARREN ROAD LIGHTING DISTRICT LAKEWATCH LIGHTING DISTRICT CHERRY ROAD SEWER DISTRICT LANSING WATER DISTRICTS PHEASANT WAY DRAINAGE DISTRICT WHISPERING PINES DRAINAGE DISTRICT LAKE FOREST DRAINAGE DISTRICT DRAINAGE DISTRICT #5 - FARM POND WARREN ROAD SEWER TOTAL SPECIAL DISTRICTS GRAND TOTAL TAX RATE WHOLE TOWN PART TOWN M M //--�� I--1 Q v) 00 00 00 00 -1 A N Q Q v') Q 00 298 Tompkins County Proceedings Town of Newfield 2012 Budget Summary FUND APPROPRIATIONS LESS LESS AMOUNT TO BE ESTIMATED UNEXPENDE RAISED BY REVENUES D BALANCE TAXES GENERAL $625,230.00 $91,784.00 $0.00 $528,446.00 RECREATION $94,919.00 $57,495.00 $0.00 $37,424.00 HIGHWAY $1,220,685.00 $151,500.00 $102,636.00 $966,549.00 TOTAL $1,940,834.00 $300,779.00 $102,636.00 $1,532,419.00 SPECIAL DISTRICTS FIRE-SF1 $345,252.00 $0.00 $0.00 $345,252.00 LIGHT-SL1 $17,000.00 $0.00 $0.00 $17,000.00 WATER-SW1 $139,842.00 $80,700.00 $39,243.00 $19,899.00 WATER-SW2 $153,994.00 $32,000.00 $38,133.00 $8,386.00 TOTAL DISTRICTS $656,088.00 $112,700.00 $77,376.00 $390,537.00 299 Tompkins County Proceedings Town of Ulysses 2012 Budget Summary o cd 0 p U 0 h .-i 4.8%I C;"-.' �D .-i 0 t t� 0 s N 0 ' V) - vi) 0 O O 0 - - O t: 0 N .D 0 VD .--i 0e';'''' V) t� s N 0 M V) 2.4%I 0 00 O 0 '--1 M cA C .- ,4 cAtlU ON 00 V') 00 69 M .� .- N 69 .--- O 6�9 01 N .c ~- 69 M N kr) 1 \O 01 \O 69 O kr) 69 O 69 N 01 .- N 01 01 O - EA 00 © N s01 EA •-1 O 69 01 N VD 60J M N kr) 61 9 VD r VD EA -N .--i kr) 69 •-+ •--a s9 M 00 k EA Adopted Budget 2012 N N VD •--- N s 69 01 .-� N d- d' 69 M kr) 01 00 M 69 01 VO O `o •--i 69 $338,755 O O d' M .--i 69 O 01 VD 01 M N 69 '[F M •--I 69 N 01 01 t� O M N 69 •-I t` .--i N M 69 $293,821 M V7 01 00 M 69 01 VD O V to •--i 69 $338,755 O O ct en •--i 69 O 01 Vo C M N EA M •--I 69 M O 00 01 t� „4 69 O ,..0 N in V) t� ,4 69 N E 1 O N Al P- $725,194 N N o6 Moo 69 M V) 01 71' M 69 C O 01 \O .-4 69 $336,737 $13,400 N O V1 01 M N 69 $1,344 $2,304,248 o0 01 M N M 69 O N O 01 N 69 $384,953 O 01 ,eF' VD •-4 b9 $336,737 O 0 M .--i 69 N 0 V7 CT M N 69 M r-' 69 Tentative Budget 2012 M 00 V'1 N N N 69 $437,837 M V7 es (Do M 69 $164,234 $336,737 0 0 M .--i 69 N 0 V'1 01 M N 69 $1,344 0 01 V7 O O M (-,1 69 $323,948 0 N O CT N 69 M V1 Vi 0, 00 M 69 $164,234 t� M s M M 69 O 0 d- M .-i 69 N 0 0 M N 69 'I' M . 69 00 00 V7 V) t.. ,4 69 Actual YTD 2011 N 71- 01 Vii M t 69 00 00 N en kr) N 69 $378,939 N .-i h 69 �o �o O a M — 69 $10,355 V7 00 kr) .--a N 69 01 •-i ,--, 69 00 M O VO 0 kr) ^ 69 V') O 01 VD C31 .-, 69 in 01 01 M .-, 69 01 M 01 00 t� M 69 $83,752 0 .--, M M .--I •-i EA a1 M O .--+ 69 , 00 V'i 0 N 69 N N ^-a E!3 01 M M O M .--i ,4 69 Budget as Modified 2011 01 t a1 o N 69 $422,046 $378,939 0 71-O V') . 69 $348,328 N N .--i 69 OM N V'i V') N 69 $1,344 $2,282,800 N �O O o M 69 .— en `O r N 69 M 01 00 N M 69 d' V) •--, EA $348,328 N s N -- 69 $234,149 $1,355 NN N r---- �O co t- ,4 69 Last Year Actual 2010 $685,613 S 01 01 N 69 `.O VD L( M 69 0 VI 69 kr) CT N •� M 69 V) M M 69 V) •, VD 00 N 69 01 .--i 69 O 00 01 01 ,� 69 N N ,-IN (5 M 69 00 \0 .--i 69 $365,466 $149,333 N 00 00 N N EA ,.o 01 M 69 $221,285 M M M r+ O ht" 0 V') ,ti 69 FUND CODE DA SF en CA SW4 DA SF en LA SW4 ell w Appropriations General Highway Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN WATER DISTRICTS 1&2 Water District #3 Water District #4 Appropriation TOTALS Revenues General Highway Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN WATER DISTRICTS 1&2 Water District #3 Water District #4 Revenue TOTALS 300 Tompkins County Proceedings Town of Ulysses 2012 Budget Summary - Page 2 TAX RATE SCHEDULE N+' U citl U >; Tompkins County Proceedings City of Ithaca 2012 Budget Summary APPROPRIATIONS TOTAL GENERAL WATER SEWER SOLID WASTE FUND FUND FUND FUND GENERAL GOVERNMENT SUPPORT $4,706,231 $4,385,076 $149,468 $171,687 $0 PUBLIC SAFETY $14,350,411 $14,350,411 $0 $0 $0 TRANSPORTATION $4,900,606 $4,900,606 $0 $0 $0 ECONOMIC DEVELOPMENT $61,000 $61,000 $0 $0 $0 CULTURE & RECREATION $5,237,290 $5,237,290 $0 $0 $0 HOME & COMMUNITY SERVICES $7,232,754 $804,483 $2,340,740 $3,622,713 $464,818 EMPLOYEE BENEFITS $17,105,684 $14,349,299 $968,804 $1,609,314 $178,267 DEBT SERVICE $7,886,358 $6,511,957 $575,031 $783,255 $16,115 INTERFUND TRANSFERS $80,000 $80,000 $0 $0 TOTAL APPROPRIATIONS $61,560,334 $50,680,122 $4,034,043 $6,186,969 $659,200 ESTIMATED REVENUES REAL PROPERTY TAX ITEMS $20,152,275 $20,152,275 $0 $0 $0 NON -PROPERTY TAX ITEMS $13,115,000 $13,115,000 $0 $0 $0 DEPARTMENTAL INCOME $18,301,654 $7,711,034 $3,946,151 $6,067,469 $577,000 USE OF MONEY & PROPERTY $392,510 $379,310 $10,000 $3,000 $200 LICENSES & PERMITS $446,250 $446,250 $0 $0 $0 FINES & FORFEITURES $1,215,000 $1,215,000 $0 $0 $0 SALE OF PROPERTY AND COMPENSATION FOR LOSS $227,500 $217,000 $5,000 $5,500 $0 MISCELLANEOUS $1,274,475 $1,274,475 $0 $0 $0 INTERFUND TRANSFERS $2,206,592 $1,963,592 $50,000 $111,000 $82,000 STATE AID $3,196,186 $3,196,186 $0 $0 $0 FEDERAL AID $15,000 $15,000 $0 $0 $0 TOTAL ESTIMATED REVENUES $60,542,442 $49,685,122 $4,011,151 $6,186,969 $659,200 APPROPRIATED SURPLUS $1,017,892 $995,000 $22,892 $0 $0 TOTAL REVENUES $61,560,334 $50,680,122 $4,034,043 $6,186,969 $659,200 BALANCE OF APPROPRIATIONS TO BE RAISED BY REAL PROPERTY TAXES ASSESSED PROPERTY VALUE 2012 TAX TAX LEVY RATE $1,512,975,624 12.9300 $19,562,775 302 EXHIBIT A 2012 Tompkins County Budget and Capital Program CONSTITUTIONAL TAX MARGIN and DEBT LIMIT Adopted 2012 Budget Constitutional Tax Margin Total Taxing Power Net Tax Levy Tax Margin Available % of Taxing Power - 2012 % of Taxing Power - 2011 % of Taxing Power - 2010 93,986,519 39,181,619 63,455,706 32.48% 32.24% 35.02% Constitution Tax Margin = 1.5 % of 5 year average full valuation Constitution Debt Limit = 7% of 5 year average full valuation 5 year average full valuation - 6, 265, 767, 620 *Includes bonds issued for Community College - financed with Cortland County Constitutional Debt Limit Debt Limit Total Indebtedness* Debt Capacity Available % of Debt Limit - 2011 % of Debt Limit - 2010 13/0 of Debt Limit - 2009 of Debt Limit - 2008 438,603,733 53,390,987 385,212,746 12.17% 11.78% 14.17% 14.93% 2012 ADOPTED BUDGET Dedicated SUMMARY OF FUNDS Appropriation Revenues Local Share Unallocated Revenues - Sales Tax, Interest Income, Rent on County 1 owned properties, Payments in Lieu of Tax, Interest & Penalties on (34,082,773) 34,082,773 delinquent taxes, and other non -departmental revenue 2 Original agency and departmental budget requests 174,262,826 (96,150,534) 78,112,292 3 Recommended changes made by the County Administrator and (548,785) (52,200) (600,985) Expanded Budget Committee 4 Adopted 2012 Budget (sum of Lines 2 - 3) 173,714,041 5 Solid Waste Fund Balance & Other Fund Balance Unallocated Revenues - Sales Tax, Interest Income, Rent on County 6 owned properties, Payments in Lieu of Tax, Interest & Penalties on delinquent taxes, and other non -departmental revenue 7 Appropriation from General Fund for non-recurring expenditures and multi-year funding (130,285,507) 77,511,307 424,593 (424,593) 0 (34,082,773) (1,207,736) Gross Real Property Tax Levy (the amount billed to owners of 8 taxable real property) 42,220,798 STATEMENT OF FUND BALANCES FUND January 1, 2012 Fund January 1, 2012 Fund Balance Fund Balance Fund Balance Balance After Target Fund Balance Appropriated by Appropriated by the Appropriated by the Deducting Estimated (Based on 2010 actual the Legislature Legislature for Legislature to Encumbrances expenses) in 2011 the 2012 Budget Reduce the 2012 Property Tax Levy Percent of Fund Revenues General 15,200,000 6,970,403 5% 309,207 1,207,736 Solid Waste 450,000 592,678 10% 424,593 Airport 100,000 133,419 5% Road 1,800,000 296,033 5% 183,000 Highway Machinery 1,000,000 55,525 5% Debt Service 1,400,000 528,255 10% Purpose Bonds ADOPTED STATEMENT OF DEBT as of December 31, 2010 Date of Issue Rate of Date of Maturity Interest Outstanding Balance 1992 'Public Improvements 1996 NYSEFC 2003 Refunding 2004 Refunding Series A 2004 Refunding Series B 2005 Bonds 2006 Bonds 2007 Bonds 2010 Bonds BANS 5/1/92 2/15/96 4/15/03 12/8/04 12/8/04 3/1/05 3/1/06 3/1/06 12/15/10 2012 2012 2014 2020 2012 2020 2014 2027 2025 Total Bonds 5.60%-6.0% 2.79% 2.00%-4.50% 2.5%-5.0% 2.25%-3.5% 3.375%-4.0% 3.35%-3.50% 3.625%-4.0% 3.0%-4.25% $150,000 $150,000 $2,145,000 $11,965,000 $140,000 $2,260,000 $2,915,000 $4,900,000 $17,435,000 $42,060,000 Solid Waste Facility Retrofit Human Services Annex Federal HWY Projects Long Term Leases 7/28/11 7/28/11 12/14/11 7/27/12 0.59% 7/27/12 0.59% 7/27/12 Total BANS $2,500,000 $750,000 $1,600,000 $4,850,000 Public Safety Communications Energy Performance Contract Total Long Term Debt 3/30/06 3/8/06 9/30/16 3.75% 3/8/20 3.76% Total Leases $4,450,901 $2,030,086 $6,480,987 $53,390,987 TOMPKINS COUNTY TAX DISTRIBUTION TABLE Adopted 2011 Assessed Value for 2012 Budget CITY/TOWN/VILLAGE Assessed Value * Real Property Tax GROSS Town Sales LEVY Tax Credits Tax NET LEVY Comp. Chargeback Net Tax Real Property Workers' Elections Caroline 192,773,560 1,286,742.64 550,000.00 ** 736,742.64 30.48 875.00 737,648.12 Danby 246,099,831 1,642,689.72 542,000.00 ** 1,100,689.72 38.91 756.00 1,101,484.63 Dryden -- Outside the village 728,275,378 4,861,159.29 0.00 4,861,159.29 115.14 3,147.00 4,864,421.43 Dryden -- Vill. of Dryden 106,452,423 710,558.40 710,558.40 16.83 710,575.23 Dryden -- Vill. of Freeville 24,391,583 162,811.18 0.00 162,811.18 3.86 162,815.03 Total 859,119,384 5,734,528.86 0.00 5,734,528.86 135.82 3,147.00 5,737,811.69 Enfield 166,721,034 1,112,844.85 615,000.00 497,844.85 26.36 474.00 498,345.21 Groton -- Outside the village 168,251,834 79,223,258 1,123,062.77 450,000.00 ** 673,062.77 26.60 1,036.00 674,125.37 Groton -- Village of Groton 528,806.67 0.00 528,806.67 12.52 528,819.19 Total 247,475,092 1,651,869.44 450,000.00 1,201,869.44 39.12 1,036.00 1,202,944.57 Ithaca -- Outside the village 894,784,317 377,745,414 5,972,588.43 0.00 5,972,588.43 141.46 2,351.00 5,975,080.89 Ithaca -- Village of Cayuga Heights 2,521,409.74 0.00 2,521,409.74 59.72 2,521,469.46 Total 1,272,529,731 8,493,998.17 0.00 8,493,998.17 201.18 2,351.00 8,496,550.35 Lansing -- Outside the village 709,814,711 435,812,574 4,737,936.34 0.00 4,737,936.34 112.22 2,725.00 4,740,773.56 Lansing -- Village of Lansing 2,909,001.74 0.00 2,909,001.74 68.90 2,909,070.64 Total 1,145,627,285 7,646,938.08 0.00 7,646,938.08 181.12 2,725.00 7,649,844.20 Newfield 245,413,682 1,638,109.75 900,000.00 ** 738,109.75 38.80 638.00 738,786.55 Ulysses -- Outside the village 323,067,702 113,656,068 2,156,441.93 0.00 2,156,441.93 51.08 1,184.00 2,157,677.00 Ulysses -- Village of Trumansburg 758,641.95 0.00 758,641.95 17.97 758,659.92 Total 436,723,770 2,915,083.88 0.00 2,915,083.88 69.04 1,184.00 2,916,336.92 City of Ithaca 1,512,832,421 10,097,992.60 0.00 10,097,992.60 239.17 3,635.00 10,101,866.77 TOTAL 6,325,315,790 42,220,798.00 3,057,000.00 39,163,798.00 1,000.00 16,821.00 39,181,619.00 2012 TAX RATE** $3.8265 $4.4758 $6.6794 $6.6750 $2.9891 $4.0066 $6.6750 $6.6777 $6.6750 $6.6789 $6.6750 $3.0104 $6.6787 $6.6750 $6.6775 $5.6717 3/5/2013 - 11:28 AM STATEMENT OF RESERVES as of January 1, 2012 INSURANCE RESERVE January 1, 2011 Balance 2011 Appropriation Known and Estimate Expenses through 12/31/11 Interest Earned and Recoveries through 12/31/11 Estimated Balance at 12/31/11 Reserve for Indemnification & Expenses, 1/1/12 and beyond Personnel - Arbitrations Assessment Litigation All Other Judgments Estimated Interest and Recoveries 2012 Appropriation Estimated Balance at 12/31/12 $ 705,741 320,000 (134,836) 1,932 $ 892,837 $ (49,000) $ (15,000) (25,000) (175,000) 2,000 320,000 $ 950,837 Fund A: GENERAL FUND NYS Unit: 1010 - LEGISLATURE 51000006 LEGISLATOR 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 289,850 289,850 289,850 0 0 289,850 0 289,850 Total PERSONAL SERVICES 289,850 289,850 289,850 0 0 289,850 0 289,850 54342 FOOD 533 0 0 0 0 0 0 0 Total SUPPLIES 533 0 0 0 0 0 0 0 54400 PROGRAM EXPENSE 50 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 5,101 4,000 4,000 0 0 4,000 0 4,000 54414 LOCAL MILEAGE 8,109 8,180 9,285 0 0 9,285 0 9,285 54416 MEMBERSHIP DUES 50 995 945 0 0 945 0 945 54472 TELEPHONE 0 0 0 0 0 0 0 0 54486 SHARED COST INITIATIVE 308 0 0 0 0 0 0 0 Total CONTRACTUAL 13,619 13,175 14,230 0 0 14,230 0 14,230 58800 FRINGES 117,389 148,983 163,765 0 0 163,765 0 163,765 Total EMPLOYEE BENEFITS 117,389 148,983 163,765 0 0 163,765 0 163,765 Total Appropriations 421,391 452,008 467,845 0 0 467,845 0 467,845 Total Appropriations 421,391 452,008 467,845 0 0 467,845 0 467,845 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 421,391 467,845 0 0 467,845 0 467,845 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1040 - CLERK, LEGISLATURE 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000178 CLERK, LEGISLATURE 71,938 71,265 71,326 0 0 71,326 0 71,326 51000351 DEP CLERK, LEGISLA 49,831 49,811 49,840 0 0 49,840 0 49,840 51000355 CHIEF DEP CLK 54,113 53,540 53,578 0 0 53,578 0 53,578 51600 LONGEVITY 0 1,500 1,500 0 0 1,500 0 1,500 Tota I PERSONAL SERVICES 175,882 176,116 176,244 0 0 176,244 0 176,244 52206 COMPUTER EQUIPMENT 425 1,400 0 0 0 0 0 0 52230 COMPUTER SOFTWARE 214 520 0 0 0 0 0 0 Total EQUIPMENT 639 1,920 0 0 0 0 0 0 54303 OFFICE SUPPLIES 721 1,000 1,000 0 0 1,000 0 1,000 54330 PRINTING 6,159 2,487 3,687 0 0 3,687 0 3,687 Total SUPPLIES 6,881 3,487 4,687 0 0 4,687 0 4,687 54402 LEGAL ADVERTISING 737 1,000 1,000 0 0 1,000 0 1,000 54416 MEMBERSHIP DUES 100 100 100 0 0 100 0 100 54424 EQUIPMENT RENTAL 0 1,200 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 13,300 15,000 16,000 0 0 16,000 0 16,000 54452 POSTAGE 954 1,500 1,500 0 0 1,500 0 1,500 54472 TELEPHONE 595 1,500 1,500 0 0 1,500 0 1,500 Total CONTRACTUAL 15,686 20,300 20,100 0 0 20,100 0 20,100 58800 FRINGES 71,125 90,524 99,578 0 0 99,578 0 99,578 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 71,125 90,524 270,212 292,347 99,578 0 0 99,578 0 99,578 300,609 0 0 300,609 0 300,609 270,212 292,347 300,609 0 0 300,609 0 300,609 0 0 0 0 0 0 0 0 270,212 300,609 0 0 300,609 0 300,609 Fund A: GENERAL FUND NYS Unit: 1165 - DISTRICT ATTORNEY 42625 FORFEITURE/STATE - RSTD 42626 FORFEITURE/FEDERAL - RSTD 2010 Actual 0 0 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 27,771 0 2012 Dept Base 7,500 20,000 2012 Dept New 0 0 2012 Recomm New 0 0 2012 Recomm Total 7,500 20,000 2012 2012 Adopted Adopted New Total 0 7,500 0 20,000 Total 42681 Total 42705 42770 FINES & FORFEITURES LEGAL SETTLMENTS SALE OF PROPERTY/COMPEN GIFTS & DONATIONS OTHER MISCELL REVENUES 0 0 27,771 14,438 27,500 0 0 0 0 0 27,500 0 0 0 27,500 0 0 0 14,438 14,438 46,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 14,438 42801 INTERFUND REVENUES 103,914 Total INTERFUND REVENUES 103,914 43030 DA SALARY 39,532 43389 OTHER PUBLIC SAFETY 74,803 46,700 84,981 0 0 0 0 0 0 0 0 0 0 0 0 84,981 44,403 31,800 0 39,532 29,200 0 0 0 0 0 0 0 39,532 29,200 0 0 0 0 39,532 29,200 Total Total Revenues 51000005 51000176 51000203 51000228 51000277 51000311 51000329 51000330 51000342 51000356 51200311 51200356 51400 51600 STATE AID DISTRICT ATTORNEY ASST DA LOC CRM CT CONFIDENTIAL INVESTIGATOR ASST. DIS. ATTORN. DEP DISTRICT ATTNY SECRETARY, DA RECEPTIONIST SECRETARY VICTIM & RECOVERY SP SEC/PARA AID TO DA SECRETARY, DA SEC/PARA AID TO DA DISABILITY PAY LONGEVITY 114,335 232,687 123,172 58,922 0 467,490 0 47,375 6,236 58,743 48,709 44,998 1 8 0 0 76,203 250,093 122,700 58,898 53,771 470,352 0 47,321 28,941 37,381 2,491 8,993 0 0 0 1,800 68,732 96,232 122,700 58,944 64,832 470,677 0 47,336 28,958 37,399 2,492 8,999 0 0 0 1,800 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 68,732 96,232 122,700 58,944 64,832 470,677 0 47,336 28,958 37,399 2,492 8,999 0 0 0 1,800 0 0 68,732 96,232 0 122,700 0 58,944 0 64,832 0 470,677 0 0 0 47,336 0 28,958 0 37,399 0 2,492 0 8,999 0 0 0 0 0 0 0 1,800 Total PERSONAL SERVICES 855,654 52206 COMPUTER EQUIPMENT 485 52210 OFFICE EQUIPMENT 2,181 AdoptedFundV3.rp 832,648 844,137 0 500 7,403 0 250 0 0 0 0 0 844,137 7,403 0 0 844,137 0 7,403 0 0 Fund A: GENERAL FUND NYS Unit: 1165 - DISTRICT ATTORNEY 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 52214 OFFICE FURNISHINGS 1,397 250 0 0 0 0 0 0 52222 COMMUNICATIONS EQUIP 2,837 0 0 0 0 0 0 0 52230 COMPUTER SOFTWARE 0 0 1,465 0 0 1,465 0 1,465 Total EQUIPMENT 6,900 1,000 8,868 0 0 8,868 0 8,868 54303 OFFICE SUPPLIES 8,838 6,000 9,660 0 0 9,660 0 9,660 54330 PRINTING 5,179 3,500 5,926 0 0 5,926 0 5,926 54332 BOOKS 7,937 3,600 8,321 0 0 8,321 0 8,321 Total SUPPLIES 21,954 13,100 23,907 0 0 23,907 0 23,907 54400 PROGRAM EXPENSE 234 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 189 0 0 0 0 0 0 0 54414 LOCAL MILEAGE 1,949 2,000 2,000 0 0 2,000 0 2,000 54416 MEMBERSHIP DUES 300 1,875 1,875 0 0 1,875 0 1,875 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 566 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 68,872 16,369 27,628 0 0 27,628 0 27,628 54452 POSTAGE 5,210 3,500 5,400 0 0 5,400 0 5,400 54472 TELEPHONE 1,609 2,000 2,000 0 0 2,000 0 2,000 54479 EXTRADITION 9,503 0 0 0 0 0 0 0 54483 WITNESS FEES 436 0 0 0 0 0 0 0 54485 CONFIDENTIAL INVESTIGATIO 1,545 0 0 0 0 0 0 0 Total CONTRACTUAL 90,413 25,744 38,903 0 0 38,903 0 38,903 58800 FRINGES 346,918 427,055 476,937 0 0 476,937 0 476,937 Total EMPLOYEE BENEFITS 346,918 427,055 476,937 0 0 476,937 0 476,937 Total Appropriations 1,321,838 1,299,547 1,392,752 0 0 1,392,752 0 1,392,752 Total Appropriations 1,321,838 1,299,547 1,392,752 0 0 1,392,752 0 1,392,752 Total Revenues 232,687 250,093 96,232 0 0 96,232 0 96,232 Total County Cost 1,089,151 1,049,454 1,296,520 0 0 1,296,520 0 1,296,520 AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1170 - PLNG. & COORD.(LEG.DEF.) 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000275 SUPERVISING ATTRNY 15,508 31,000 31,000 0 0 31,000 0 31,000 51000670 PROGRAM COORD AC 50,617 50,196 50,229 0 0 50,229 0 50,229 51000671 SECRETARY 37,396 37,381 37,380 0 0 37,380 0 37,380 51600 LONGEVITY 0 400 400 0 0 400 0 400 Total PERSONAL SERVICES 103,521 118,977 119,009 0 0 119,009 0 119,009 52206 COMPUTER EQUIPMENT 461 0 0 0 0 0 0 0 Total EQUIPMENT 461 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 891 1,330 1,330 0 0 1,330 0 1,330 Total SUPPLIES 891 1,330 1,330 0 0 1,330 0 1,330 54412 TRAVEL/TRAINING 428 0 0 0 0 0 0 0 54424 EQUIPMENT RENTAL 0 278 0 0 0 0 0 0 54425 SERVICE CONTRACTS 529 550 550 0 0 550 0 550 54442 PROFESSIONAL SERVICES 12,559 0 0 0 0 0 0 0 54452 POSTAGE 1,927 2,200 2,000 0 0 2,000 0 2,000 54472 TELEPHONE 739 1,320 1,320 0 0 1,320 0 1,320 Total CONTRACTUAL 16,182 4,348 3,870 0 0 3,870 0 3,870 58800 FRINGES 41,920 61,154 67,222 0 0 67,222 0 67,222 Total EMPLOYEE BENEFITS 41,920 61,154 67,222 0 0 67,222 0 67,222 Total Appropriations 162,975 185,809 191,431 0 0 191,431 0 191,431 Total Appropriations 162,975 185,809 191,431 0 0 191,431 0 191,431 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 162,975 191,431 0 0 191,431 0 191,431 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1171 - DEFENSE OF INDIG. ATTYS. 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42770 OTHER MISCELL REVENUES 0 359,000 300,000 0 0 300,000 0 300,000 Total MISCELL LOCAL SOURCES 0 359,000 300,000 0 0 300,000 0 300,000 43089 OTHER STATE AID 359,315 0 0 0 0 0 0 0 Total Total Revenues STATE AID 359,315 0 0 0 0 0 0 0 359,315 359,000 300,000 0 0 300,000 0 300,000 54120 LEGAL DEFENSE ATTY FEES 1,008,344 933,000 916,500 0 0 916,500 0 916,500 54121 OTHER CT ORDERED EXPENSE 41 0 0 0 0 0 0 0 54406 FAMILY CT ATTY CHGG 799,069 900,000 916,500 0 0 916,500 0 916,500 Total CONTRACTUAL 1,807,454 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Appropriations 1,807,454 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Appropriations 1,807,454 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Revenues 359,315 359,000 300,000 0 0 300,000 0 300,000 Total County Cost 1,448,139 1,474,000 1,533,000 0 0 1,533,000 0 1,533,000 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1180 - JUSTICES & CONSTABLES 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54400 PROGRAM EXPENSE 0 1,785 1,785 0 0 1,785 0 1,785 Total CONTRACTUAL Total Appropriations 0 1,785 1,785 0 0 1,785 0 1,785 0 1,785 1,785 0 0 1,785 0 1,785 Total Appropriations 0 Total Revenues 0 Total County Cost 0 AdoptedFundV3.rp 1,785 1,785 0 0 1,785 0 1,785 0 0 0 0 0 0 0 1,785 0 0 1,785 0 1,785 Fund A: GENERAL FUND NYS Unit: 1230 - COUNTY ADMINISTRATION 42801 INTERFUND REVENUES 2010 Actual 1,160 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 0 2012 Dept Base 0 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 0 2012 Adopted New 0 11/16/2011 2012 Adopted Total 0 Total Total Revenues 51000 51000253 51000282 51000316 51000330 51000359 51000360 51600 INTERFUND REVENUES REGULAR PAY COUNTY ADMIN. DEPUTY CO. ADMN. EXEC ASST TO C/ADM SECRETARY PROGRAM ANALYST ADMIN SPECIALIST LONGEVITY 1,160 1,160 0 114,825 45,644 67,576 4,442 30,865 30,953 0 0 0 0 114,778 51,406 53,541 0 0 38,562 0 0 0 -113 107,663 37,746 50,230 0 0 36,175 0 0 0 0 7,177 48,366 3,349 0 0 2,412 0 0 0 0 7,177 48,366 3,349 0 0 2,412 0 0 0 (113) 114,840 86,112 53,579 0 0 38,587 0 0 0 0 7,177 48,366 3,349 0 0 2,412 0 0 0 (113) 114,840 86,112 53,579 0 0 38,587 0 Total 52206 52210 52214 52230 Tota I 54303 54330 54342 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMPUTER SOFTWARE EQUIPMENT OFFICE SUPPLIES PRINTING FOOD 294,306 0 0 0 308 308 1,520 3,740 128 258,287 0 6,383 1,000 2,545 9,928 3,000 3,500 0 231,701 61,304 0 4,500 255 0 4,755 3,000 3,500 0 0 0 0 0 0 0 0 0 61,304 0 0 0 0 0 0 0 0 293,005 0 4,500 255 0 4,755 3,000 3,500 0 61,304 0 0 0 0 0 0 0 0 293,005 0 4,500 255 0 4,755 3,000 3,500 0 Total 54400 54412 54414 54416 54424 54425 54432 54442 54452 54472 SUPPLIES PROGRAM EXPENSE TRAVEL/TRAINING LOCAL MILEAGE MEMBERSHIP DUES EQUIPMENT RENTAL SERVICE CONTRACTS RENT PROFESSIONAL SERVICES POSTAGE TELEPHONE 5,388 60 2,268 0 400 0 972 0 200 506 704 6,500 335 2,000 500 400 0 200 0 25,000 850 1,500 6,500 335 2,000 500 400 0 200 0 0 850 1,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,500 335 2,000 500 400 0 200 0 0 850 1,500 0 0 0 0 0 0 0 0 0 0 0 6,500 335 2,000 500 400 0 200 0 0 850 1,500 Total CONTRACTUAL 58800 FRINGES AdoptedFundV3.rp 5,109 30,785 111,415 123,246 5,785 0 0 5,785 130,911 34,635 34,635 165,546 0 5,785 34,635 165,546 Fund A: GENERAL FUND NYS Unit: 1230 - COUNTY ADMINISTRATION 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 111,415 123,246 130,911 34,635 34,635 165,546 34,635 165,546 416,526 428,746 379,652 95,939 95,939 475,591 95,939 475,591 416,526 428,746 379,652 95,939 95,939 475,591 95,939 475,591 1,160 0 0 0 0 0 0 0 415,366 428,746 379,652 95,939 95,939 475,591 95,939 475,591 Fund A: GENERAL FUND NYS Unit: 1231 - SMSI GRANT 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 43089 OTHER STATE AID 0 0 0 0 0 0 0 0 Total Total Revenues STATE AID 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 0 0 0 0 0 0 0 0 54330 PRINTING 84 0 0 0 0 0 0 0 Total SUPPLIES 84 0 0 0 0 0 0 0 54400 PROGRAM EXPENSE 22 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 0 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 45,082 0 0 0 0 0 0 0 54452 POSTAGE 126 0 0 0 0 0 0 0 Total CONTRACTUAL 45,230 0 0 0 0 0 0 0 Total Appropriations 45,315 0 0 0 0 0 0 0 Total Appropriations 45,315 0 0 0 0 0 0 0 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 45,315 0 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1232 - CJATI ADVISORY BOARD 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000312 PARALEGAL TO CA 3,683 3,683 3,452 231 231 3,683 231 3,683 Total PERSONAL SERVICES 3,683 3,683 3,452 231 231 3,683 231 3,683 54330 PRINTING 10 175 175 0 0 175 0 175 Total SUPPLIES 10 175 175 0 0 175 0 175 54412 TRAVEL/TRAINING 0 200 77 123 123 200 123 200 54452 POSTAGE 0 50 50 0 0 50 0 50 Total CONTRACTUAL 0 250 127 123 123 250 123 250 58800 FRINGES 1,492 1,893 1,950 131 131 2,081 131 2,081 Total EMPLOYEE BENEFITS 1,492 1,893 1,950 131 131 2,081 131 2,081 Total Appropriations 5,185 6,001 5,704 485 485 6,189 485 6,189 Total Appropriations 5,185 6,001 5,704 485 485 6,189 485 6,189 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 5,185 6,001 5,704 485 485 6,189 485 6,189 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1236 - WDIC 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42770 OTHER MISCELL REVENUES 0 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 0 0 0 0 0 0 0 0 Total Revenues 0 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 172 0 0 0 0 0 0 0 Total SUPPLIES 172 0 0 0 0 0 0 0 Total Appropriations 172 0 0 0 0 0 0 0 Total Appropriations 172 0 0 0 0 0 0 0 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 172 0 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1310 - BUDGET & FINANCE 41230 TREASURER FEES 2010 Actual 91,988 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 111,000 2012 Dept Base 123,866 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 123,866 2012 2012 Adopted Adopted New Total 0 123,866 Total DEPARTMENTAL INCOME 91,988 42770 OTHER MISCELL REVENUES 27,274 111,000 22,000 123,866 22,000 0 0 0 0 123,866 22,000 0 0 123,866 22,000 Total 42801 MISCELL LOCAL SOURCES INTERFUND REVENUES 27,274 15,390 22,000 15,390 22,000 15,390 0 0 0 0 22,000 15,390 0 0 22,000 15,390 Total Total Revenues 51000246 51000296 51000320 51000326 51000334 51400 51600 INTERFUND REVENUES COMPTROLLER BGT & FIN MANAGER SR ACCT CLERK/TYP ADMIN ASSISTANT PRIN ACCT CLK TYP DISABILITY PAY LONGEVITY 15,390 134,653 15,659 65,361 33,614 72,010 0 0 0 15,390 148,390 15,600 64,564 35,399 70,761 0 0 1,300 15,390 161,256 15,700 64,833 35,536 71,033 0 0 1,300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15,390 161,256 15,700 64,833 35,536 71,033 0 0 1,300 0 15,390 0 161,256 0 0 0 0 0 0 0 15,700 64,833 35,536 71,033 0 0 1,300 Total 52206 52210 Total 54303 54330 54332 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 186,643 0 0 0 1,163 3,868 156 187,624 0 0 0 1,200 5,000 650 188,402 850 2,900 3,750 1,200 4,737 650 0 0 0 0 0 0 0 0 0 0 0 0 0 0 188,402 850 2,900 3,750 1,200 4,737 650 0 0 0 0 0 0 0 188,402 850 2,900 3,750 1,200 4,737 650 Tota I 54999 Total 54400 54424 54442 54452 54472 AdoptedFundV3.rp SUPPLIES ROLLOVER ROLLOVER 5,187 0 6,850 0 6,587 - 15,750 0 0 0 0 6,587 (15, 750) 0 0 6,587 (15,750) PROGRAM EXPENSE EQUIPMENT RENTAL PROFESSIONAL SERVICES POSTAGE TELEPHONE 0 5,261 0 5,950 5,922 151 0 7,000 0 8,700 7,500 500 - 15,750 7,000 263 20,700 7,500 500 0 0 0 0 0 0 0 0 0 0 0 0 (15, 750) 7,000 263 20,700 7,500 500 0 0 0 0 0 0 (15,750) 7,000 263 20,700 7,500 500 Fund A: GENERAL FUND NYS Unit: 1310 - BUDGET & FINANCE 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total CONTRACTUAL 17,284 23,700 35,963 0 0 35,963 0 35,963 58800 FRINGES 75,590 96,439 106,447 0 0 106,447 0 106,447 Total EMPLOYEE BENEFITS 75,590 96,439 106,447 0 0 106,447 0 106,447 Total Appropriations 284,704 314,613 325,399 0 0 325,399 0 325,399 Total Appropriations 284,704 314,613 325,399 0 0 325,399 0 325,399 Total Revenues 134,653 148,390 161,256 0 0 161,256 0 161,256 Total County Cost 150,052 166,223 164,143 0 0 164,143 0 164,143 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1315 - COMPTROLLER 2010 Actual 42770 OTHER MISCELL REVENUES 19,018 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 69,000 2012 Dept Base 69,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 69,000 11/16/2011 2012 2012 Adopted Adopted New Total 0 69,000 Total 42801 Total Total Revenues 51000246 51000252 51000320 51000326 51000327 51000331 51000334 51000349 51200320 51200331 51600 Total 52206 52210 52230 MISCELL LOCAL SOURCES INTERFUND REVENUES INTERFUND REVENUES 19,018 9,216 69,000 9,216 69,000 9,216 0 0 0 0 69,000 9,216 0 0 69,000 9,216 COMPTROLLER DIR ACCT SVCS SR ACCT CLERK/TYP ADMIN ASSISTANT AUDITOR PAYROLL COORDINATOR PRIN ACCT CLK TYP PAYROLL SPECIALIST SR ACCT CLERK/TYPIST PAYROLL COORDINATOR LONGEVITY PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT COMPUTER SOFTWARE 9,216 28,234 89,179 65,211 81,705 23,671 53,282 53,131 0 0 0 236 0 366,415 673 0 0 9,216 78,216 88,400 64,564 85,280 23,588 53,373 53,373 0 0 0 0 3,100 371,678 850 0 500 9,216 78,216 88,700 64,833 40,612 23,678 53,579 53,579 0 44,997 0 0 3,100 373,078 1,700 5,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,216 78,216 88,700 64,833 40,612 23,678 53,579 53,579 0 44,997 0 0 3,100 373,078 1,700 5,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,216 78,216 88,700 64,833 40,612 23,678 53,579 53,579 0 44,997 0 0 3,100 373,078 1,700 5,100 0 Total 54303 54330 54332 EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 673 2,815 3,180 790 1,350 3,000 4,800 1,225 6,800 2,900 1,100 1,225 0 0 0 0 0 0 0 0 6,800 2,900 1,100 1,225 0 0 0 0 6,800 2,900 1,100 1,225 Total 54999 SUPPLIES ROLLOVER 6,785 0 9,025 0 5,225 -6,800 0 0 0 0 5,225 (6,800) 0 0 5,225 (6,800) Total 54412 54414 54416 54424 AdoptedFundV3.rp ROLLOVER TRAVEL/TRAINING LOCAL MILEAGE MEMBERSHIP DUES EQUIPMENT RENTAL 0 709 0 50 0 0 1,350 50 225 0 -6,800 1,350 50 225 1,025 0 0 0 0 0 0 0 0 0 0 (6,800) 1,350 50 225 1,025 0 0 0 0 0 (6,800) 1,350 50 225 1,025 Fund A: GENERAL FUND NYS Unit: 1315 - COMPTROLLER 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54442 PROFESSIONAL SERVICES 67,433 82,355 82,355 0 0 82,355 0 82,355 54452 POSTAGE 752 750 750 0 0 750 0 750 54472 TELEPHONE 593 900 900 0 0 900 0 900 Total CONTRACTUAL 69,536 85,630 86,655 0 0 86,655 0 86,655 58800 FRINGES 148,398 191,044 210,791 0 0 210,791 0 210,791 Total EMPLOYEE BENEFITS 148,398 191,044 210,791 0 0 210,791 0 210,791 Total Appropriations 591,808 658,727 675,749 0 0 675,749 0 675,749 Total Appropriations 591,808 658,727 675,749 0 0 675,749 0 675,749 Total Revenues 28,234 78,216 78,216 0 0 78,216 0 78,216 Total County Cost 563,574 580,511 597,533 0 0 597,533 0 597,533 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1345 - PURCHASING 42226 SALE OF SUPPLIES 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 59 0 0 0 0 0 0 0 Total INTERGOVNMENTAL CHARGE; 59 0 0 0 0 0 0 0 42770 OTHER MISCELL REVENUES 20 0 0 0 0 0 0 0 Total Total Revenues MISCELL LOCAL SOURCES 20 0 0 0 0 0 0 0 79 0 0 0 0 0 0 0 51000614 BUYER 47,840 47,175 47,538 0 0 47,538 0 47,538 51200 OVERTIME PAY 0 0 0 0 0 0 0 0 51600 LONGEVITY 0 550 550 0 0 550 0 550 Tota I PERSONAL SERVICES 47,840 47,725 48,088 0 0 48,088 0 48,088 54303 OFFICE SUPPLIES 274 300 300 0 0 300 0 300 54330 PRINTING 567 850 850 0 0 850 0 850 Total SUPPLIES 841 1,150 1,150 0 0 1,150 0 1,150 54402 LEGAL ADVERTISING 29 100 100 0 0 100 0 100 54412 TRAVEL/TRAINING 0 250 250 0 0 250 0 250 54414 LOCAL MILEAGE 24 50 50 0 0 50 0 50 54416 MEMBERSHIP DUES 50 50 50 0 0 50 0 50 54452 POSTAGE 171 375 375 0 0 375 0 375 54472 TELEPHONE 335 500 500 0 0 500 0 500 Total CONTRACTUAL 609 1,325 1,325 0 0 1,325 0 1,325 58800 FRINGES 19,375 24,531 27,170 0 0 27,170 0 27,170 Total EMPLOYEE BENEFITS 19,375 24,531 27,170 0 0 27,170 0 27,170 Total Appropriations 68,665 74,731 77,733 0 0 77,733 0 77,733 Total Appropriations 68,665 74,731 77,733 0 0 77,733 0 77,733 Total Revenues 79 0 0 0 0 0 0 0 Total County Cost 68,587 74,731 77,733 0 0 77,733 0 77,733 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1346 - CENTRAL SERVICES 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000615 MAIL CLERK 11,662 0 0 0 0 0 0 0 51000789 MAIL &REC CLERK 21,293 36,638 36,653 0 0 36,653 0 36,653 51200789 MAIL & REC CLERK 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 32,955 36,638 36,653 0 0 36,653 0 36,653 54303 OFFICE SUPPLIES 0 100 100 0 0 100 0 100 54310 AUTOMOTIVE FUEL 1,071 1,991 1,991 0 0 1,991 0 1,991 Total SUPPLIES 1,071 2,091 2,091 0 0 2,091 0 2,091 54414 LOCAL MILEAGE 0 0 0 0 0 0 0 0 54421 AUTO MAINTENACE/REPAIRS 169 150 150 0 0 150 0 150 54425 SERVICE CONTRACTS 3,832 3,000 3,000 0 0 3,000 0 3,000 54472 TELEPHONE 126 150 150 0 0 150 0 150 Tota I CONTRACTUAL 4,128 3,300 3,300 0 0 3,300 0 3,300 58800 FRINGES 12,338 18,832 20,709 0 0 20,709 0 20,709 Total EMPLOYEE BENEFITS 12,338 18,832 20,709 0 0 20,709 0 20,709 Total Appropriations 50,492 60,861 62,753 0 0 62,753 0 62,753 Total Appropriations 50,492 60,861 62,753 0 0 62,753 0 62,753 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 50,492 60,861 62,753 0 0 62,753 0 62,753 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1355 - ASSESSMENT 41250 ASSESSORS FEES 2010 Actual 30,366 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 28,000 2012 Dept Base 29,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 29,000 2012 Adopted New 0 11/16/2011 2012 Adopted Total 29,000 Total 42680 Total 42801 DEPARTMENTAL INCOME INSURANCE RECOVERIES SALE OF PROPERTY/COMPEN INTERFUND REVENUES 30,366 0 28,000 0 29,000 0 0 0 0 0 29,000 0 0 0 29,000 0 0 25,500 0 26,000 0 27,000 0 0 0 0 0 27,000 0 0 0 27,000 Total 43089 INTERFUND REVENUES OTHER STATE AID 25,500 140,035 26,000 60,000 27,000 0 0 0 0 0 27,000 0 0 0 27,000 0 Tota I Total Revenues 51000049 51000181 51000244 51000525 51000709 51000713 51000730 51000735 51000765 51000768 51000796 51200049 51400 51600 STATE AID PROJECT ASSISTANT ASST DIR ASSESSMENT DIR. OF ASSESS. DATA COLLECTOR REAL PROP. APPRAISER GIS TECH REAL PROP SYS SPEC VALUE SPECIALIST ASSMT ACCT SPEC ASST ASMT ACT SPEC SENIOR VAL SPEC PROJECT ASSISTANT DISABILITY PAY LONGEVITY 140,035 195,901 5,831 70,478 84,666 0 268,715 37,896 87,158 0 0 59,507 62,329 0 0 0 60,000 114,000 20,000 71,265 86,229 36,638 0 42,720 47,321 176,694 38,562 33,743 64,784 0 0 3,600 0 56,000 10,000 71,294 86,264 0 0 42,738 47,340 176,766 40,603 0 64,811 0 0 3,200 0 0 0 0 0 32,082 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32,082 0 0 0 0 0 0 0 0 0 0 0 56,000 10,000 71,294 86,264 32,082 0 42,738 47,340 176,766 40,603 0 64,811 0 0 3,200 0 0 0 0 0 32,082 0 0 0 0 0 0 0 0 0 0 0 56,000 10,000 71,294 86,264 32,082 0 42,738 47,340 176,766 40,603 0 64,811 0 0 3,200 Tota I 52206 52222 52230 PERSONAL SERVICES COMPUTER EQUIPMENT COMMUNICATIONS EQUIP COMPUTER SOFTWARE 676,580 1,447 0 7,083 621,556 18,500 7,500 1,000 543,016 32,082 0 0 0 1,000 1,000 1,000 32,082 1,000 1,000 1,000 575,098 1,000 1,000 1,000 32,082 1,000 1,000 1,000 575,098 1,000 1,000 1,000 Total 54303 54306 54310 AdoptedFundV3.rp EQUIPMENT OFFICE SUPPLIES AUTOMOTIVE SUPPLIES AUTOMOTIVE FUEL 8,530 7,805 1,603 2,631 27,000 10,600 2,500 5,000 0 4,269 2,500 6,000 3,000 3,731 0 0 3,000 3,731 0 0 3,000 8,000 2,500 6,000 3,000 3,731 0 0 3,000 8,000 2,500 6,000 Fund A: GENERAL FUND NYS Unit: 1355 - ASSESSMENT 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54330 PRINTING 5,700 1,000 0 0 0 0 0 0 54332 BOOKS 50 0 0 0 0 0 0 0 Total SUPPLIES 17,789 19,100 12,769 3,731 3,731 16,500 3,731 16,500 54400 PROGRAM EXPENSE 2,000 2,137 0 2,250 2,250 2,250 2,250 2,250 54402 LEGAL ADVERTISING 0 234 500 0 0 500 0 500 54412 TRAVEL/TRAINING 3,418 8,147 2,100 0 0 2,100 0 2,100 54416 MEMBERSHIP DUES 2,015 2,325 1,755 0 0 1,755 0 1,755 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 7,788 10,387 8,032 3,600 3,600 11,632 3,600 11,632 54432 RENT 0 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 0 0 0 0 0 0 0 0 54452 POSTAGE 6,050 9,500 3,000 5,000 5,000 8,000 5,000 8,000 54472 TELEPHONE 2,757 4,000 4,000 0 0 4,000 0 4,000 54618 INTERDEPARTMENTAL CHARGE 25,000 15,000 7,500 0 0 7,500 0 7,500 Total CONTRACTUAL 49,028 51,730 26,887 10,850 10,850 37,737 10,850 37,737 58800 FRINGES 274,038 307,349 301,154 18,126 18,126 319,280 18,126 319,280 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 274,038 307,349 1,025,964 1,026,735 301,154 18,126 18,126 319,280 18,126 319,280 883,826 67,789 67,789 951,615 67,789 951,615 1,025,964 1,026,735 883,826 67,789 67,789 951,615 67,789 951,615 195,901 114,000 56,000 0 0 56,000 0 56,000 830,063 912,735 827,826 67,789 67,789 895,615 67,789 895,615 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1362 - TAX ADVERTISING EXPENSE 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 41235 TAX ADVERTISING 8,050 10,000 8,150 0 0 8,150 0 8,150 Total DEPARTMENTAL INCOME 8,050 10,000 42701 REFUND OF PRIOR YR EXPENS 101 0 8,150 0 0 8,150 0 8,150 0 0 0 0 0 0 Total Total Revenues MISCELL LOCAL SOURCES 101 0 0 0 0 0 0 0 8,151 10,000 8,150 0 0 8,150 0 8,150 54400 PROGRAM EXPENSE 3,985 4,800 4,000 0 0 4,000 0 4,000 Total CONTRACTUAL Total Appropriations 3,985 4,800 3,985 4,800 4,000 0 0 4,000 0 4,000 4,000 0 0 4,000 0 4,000 Total Appropriations 3,985 4,800 4,000 0 0 4,000 0 4,000 Total Revenues 8,151 10,000 8,150 0 0 8,150 0 8,150 Total County Cost (4,166) (5,200) (4,150) 0 0 (4,150) 0 (4,150) AdoptedFundV3.rp 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 Fund A: GENERAL FUND NYS Unit: 1364 - EXP. OF TAX ACQ. PROPERTY 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 41230 TREASURER FEES 87,027 80,000 113,295 0 0 113,295 0 113,295 Total Total Revenues DEPARTMENTAL INCOME 87,027 80,000 87,027 80,000 113,295 0 0 113,295 0 113,295 113,295 0 0 113,295 0 113,295 54400 PROGRAM EXPENSE 7,635 7,800 5,636 0 0 5,636 0 5,636 54442 PROFESSIONAL SERVICES 13,000 15,000 15,000 0 0 15,000 0 15,000 Total CONTRACTUAL 20,635 22,800 20,636 0 0 20,636 0 20,636 Total Appropriations 20,635 22,800 20,636 0 0 20,636 0 20,636 Total Appropriations 20,635 22,800 20,636 0 0 20,636 0 20,636 Total Revenues 87,027 80,000 113,295 0 0 113,295 0 113,295 Total County Cost (66,392) (57,200) (92,659) 0 0 (92,659) 0 (92,659) AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1410 - COUNTY CLERK 41255 CLERK FEES 2010 Actual 196,096 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 195,000 2012 Dept Base 218,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 218,000 2012 Adopted New 0 11/16/2011 2012 Adopted Total 218,000 Total DEPARTMENTAL INCOME 196,096 42770 OTHER MISCELL REVENUES 70,680 195,000 57,000 218,000 67,000 0 0 0 0 218,000 67,000 0 218,000 0 67,000 Total 43089 MISCELL LOCAL SOURCES OTHER STATE AID 70,680 17,226 57,000 0 67,000 0 0 0 0 0 67,000 0 0 0 67,000 0 Total Total Revenues 51000004 51000049 51000092 51000099 51000202 51000685 51000687 51000690 51200099 51200685 51200687 51200690 51400 51600 STATE AID COUNTY CLERK PROJECT ASSISTANT PRIN REC CK CIV DV ADMIN RECORDING CLK DEPUTY CO. CLERK PRINC RECORD CLERK RECORDING CLERK SR RECORDING CLERK ADMIN RECORDING CLK PRINC RECORD CLERK RECORDING CLERK SR RECORDING CLERK DISABILITY PAY LONGEVITY 17,226 284,002 69,959 12,146 37,896 7,160 58,017 84,861 64,506 41,046 0 504 0 222 0 0 0 252,000 69,691 0 0 0 58,898 122,821 67,486 40,586 0 0 0 0 0 2,900 0 285,000 69,691 0 37,396 47,341 58,922 42,739 67,512 40,603 0 0 0 0 0 1,900 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 285,000 69,691 0 37,396 47,341 58,922 42,739 67,512 40,603 0 0 0 0 0 1,900 0 0 0 285,000 0 69,691 0 0 0 37,396 0 47,341 0 58,922 0 42,739 0 67,512 0 40,603 0 0 0 0 0 0 0 0 0 0 0 1,900 Total 52206 52210 52214 52230 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMPUTER SOFTWARE 376,317 10,225 0 564 1,276 362,382 13,450 300 500 0 366,104 3,000 300 500 0 0 0 0 0 0 0 0 0 0 0 366,104 3,000 300 500 0 0 0 0 0 0 366,104 3,000 300 500 0 Total 54303 54330 54332 Total AdoptedFundV3.rp EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS SUPPLIES 12,065 12,922 773 5,997 19,692 14,250 10,000 2,200 1,000 13,200 3,800 10,000 2,200 1,000 13,200 0 0 0 0 0 0 0 0 0 0 3,800 10,000 2,200 1,000 13,200 0 0 0 0 0 3,800 10,000 2,200 1,000 13,200 Fund A: GENERAL FUND NYS Unit: 1410 - COUNTY CLERK 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54412 TRAVEL/TRAINING 2,910 2,500 2,500 0 0 2,500 0 2,500 54414 LOCAL MILEAGE 327 300 300 0 0 300 0 300 54416 MEMBERSHIP DUES 230 230 230 0 0 230 0 230 54424 EQUIPMENT RENTAL 3,014 5,000 5,000 0 0 5,000 0 5,000 54425 SERVICE CONTRACTS 29,589 30,000 40,000 0 0 40,000 0 40,000 54442 PROFESSIONAL SERVICES 136,112 155,808 95,000 0 0 95,000 0 95,000 54452 POSTAGE 3,376 3,000 3,000 0 0 3,000 0 3,000 54462 INSURANCE 2,325 2,300 2,300 0 0 2,300 0 2,300 54472 TELEPHONE 1,825 3,000 3,000 0 0 3,000 0 3,000 Tota I CONTRACTUAL 179,708 202,138 151,330 0 0 151,330 0 151,330 58800 FRINGES 148,388 184,774 206,849 0 0 206,849 0 206,849 Tota I EMPLOYEE BENEFITS 148,388 184,774 206,849 0 0 206,849 0 206,849 Total Appropriations 736,170 776,744 741,283 0 0 741,283 0 741,283 Total Appropriations 736,170 776,744 741,283 0 0 741,283 0 741,283 Total Revenues 284,002 252,000 285,000 0 0 285,000 0 285,000 Total County Cost 452,168 524,744 456,283 0 0 456,283 0 456,283 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1411 - MOTOR VEHICLES 41255 CLERK FEES 2010 Actual 562,093 41256 MOTOR VEHICLE USE FEE 155,350 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 465,439 155,000 2012 Dept Base 542,498 155,000 2012 Dept New 0 0 2012 Recomm New 0 0 2012 Recomm Total 542,498 155,000 2012 2012 Adopted Adopted New Total 0 542,498 0 155,000 Total Total Revenues 51000202 51000505 51000799 51400 51600 DEPARTMENTAL INCOME DEPUTY CO. CLERK MTR. VEH. EXAM SR MOTOR VEH EXAM DISABILITY PAY LONGEVITY 717,443 717,443 58,067 217,230 77,222 0 0 620,439 620,439 58,898 216,924 76,100 0 2,450 697,498 697,498 58,922 217,008 76,130 0 2,950 0 0 0 0 0 0 0 0 0 0 0 0 0 0 697,498 697,498 58,922 217,008 76,130 0 2,950 0 697,498 0 697,498 0 58,922 0 217,008 0 76,130 0 0 0 2,950 Total 52214 Total 54303 54330 54332 PERSONAL SERVICES OFFICE FURNISHINGS EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 352,519 0 354,372 400 355,010 400 0 0 0 0 355,010 400 0 0 355,010 400 0 1,535 797 360 400 1,700 400 350 400 1,700 400 350 0 0 0 0 0 0 0 0 400 1,700 400 350 0 0 0 0 400 1,700 400 350 Total 54414 54424 54425 54442 54452 54472 Total 58800 SUPPLIES LOCAL MILEAGE EQUIPMENT RENTAL SERVICE CONTRACTS PROFESSIONAL SERVICES POSTAGE TELEPHONE CONTRACTUAL FRINGES 2,692 329 19 588 40 3,683 2,105 6,764 142,770 2,450 500 400 750 200 2,000 3,800 7,650 180,888 2,450 500 400 750 200 2,000 3,800 7,650 200,581 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,450 500 400 750 200 2,000 3,800 7,650 200,581 0 0 0 0 0 0 0 0 2,450 500 400 750 200 2,000 3,800 7,650 0 200,581 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 142,770 504,744 504,744 717,443 (212,699) 180,888 545,760 545,760 620,439 (74,679) 200,581 566,091 566,091 697,498 (131,407) 0 0 0 0 0 0 0 0 0 0 200,581 566,091 566,091 697,498 (131,407) 0 200,581 0 566,091 0 566,091 0 697,498 0 (131,407) Fund A: GENERAL FUND NYS Unit: 1420 - COUNTY ATTORNEY 41051 GAIN FROM SALE TAX PROP 2010 Actual 13,000 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 13,000 2012 Dept Base 13,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 13,000 2012 Adopted New 0 2012 Adopted Total 13,000 Total 42770 Total 42801 REAL PROPERTY TAX ITEMS 13,000 OTHER MISCELL REVENUES MISCELL LOCAL SOURCES INTERFUND REVENUES 0 13,000 0 13,000 0 0 0 0 0 13,000 0 0 0 13,000 0 0 15,000 0 27,500 0 27,500 0 0 0 0 0 27,500 0 0 0 27,500 Total Total Revenues 51000248 51000262 51000312 51000337 51600 INTERFUND REVENUES COUNTY ATTORNEY DEP CNTY ATTNY PARALEGAL TO CA SEC/PARALEG AIDE CA LONGEVITY 15,000 28,000 115,314 50,951 55,846 45,383 0 27,500 40,500 114,778 50,384 55,215 44,965 1,400 27,500 40,500 114,841 50,384 55,242 44,966 1,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 27,500 40,500 114,841 50,384 55,242 44,966 1,400 0 0 0 0 0 0 0 27,500 40,500 114,841 50,384 55,242 44,966 1,400 Total 52206 52230 Total 54303 54330 54332 PERSONAL SERVICES COMPUTER EQUIPMENT COMPUTER SOFTWARE EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 267,494 0 0 0 416 1,097 5,118 266,742 1,200 433 1,633 500 1,300 4,300 266,833 0 233 233 500 1,300 4,300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 266,833 0 233 233 500 1,300 4,300 0 266,833 0 0 0 0 0 0 0 233 233 500 1,300 4,300 Total 54412 54416 54424 54442 54452 54472 54483 Total 58800 AdoptedFundV3.rp SUPPLIES TRAVEL/TRAINING MEMBERSHIP DUES EQUIPMENT RENTAL PROFESSIONAL SERVICES POSTAGE TELEPHONE WITNESS FEES CONTRACTUAL FRINGES 6,631 0 0 0 1,557 174 588 0 2,319 105,977 6,100 550 600 0 5,000 550 800 100 7,600 136,386 6,100 550 600 0 5,000 550 800 100 7,600 0 0 0 0 0 0 0 0 0 150,759 0 0 0 0 0 0 0 0 0 0 0 6,100 550 600 0 5,000 550 800 100 7,600 150,759 0 0 0 0 0 0 0 0 0 6,100 550 600 0 5,000 550 800 100 7,600 0 150,759 Fund A: GENERAL FUND NYS Unit: 1420 - COUNTY ATTORNEY 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total EMPLOYEE BENEFITS 105,977 136,386 150,759 0 0 150,759 0 150,759 Total Appropriations 382,421 418,461 431,525 0 0 431,525 0 431,525 Total Appropriations 382,421 418,461 431,525 0 0 431,525 0 431,525 Total Revenues 28,000 40,500 40,500 0 0 40,500 0 40,500 Total County Cost 354,421 377,961 391,025 0 0 391,025 0 391,025 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1430 - PERSONNEL 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000049 PROJECT ASSISTANT 0 0 0 0 0 0 0 0 51000174 DEP COMM PERSONNEL 65,311 64,784 64,784 0 0 64,784 0 64,784 51000183 EMP BENEFITS MGR 65,211 64,784 64,784 0 0 64,784 0 64,784 51000242 COMM. OF PERSONNEL 70,904 73,493 73,493 0 0 73,493 0 73,493 51000330 SECRETARY 35,808 0 40,025 0 0 40,025 0 40,025 51000333 PERSONNEL ASST 97,210 129,275 87,120 0 0 87,120 0 87,120 51000341 ADMIN SRVCS COORD 45,928 49,811 49,811 0 0 49,811 0 49,811 51000361 PROGRAMMER/ANALYST 8,126 0 0 0 0 0 0 0 51000783 TRANS WKFORCE SPEC 7,935 0 0 0 0 0 0 0 51600 LONGEVITY 0 2,800 2,850 0 0 2,850 0 2,850 Total PERSONAL SERVICES 396,433 384,947 382,867 0 0 382,867 0 382,867 52206 COMPUTER EQUIPMENT 8,124 500 1,000 0 0 1,000 0 1,000 52210 OFFICE EQUIPMENT 0 200 500 0 0 500 0 500 52214 OFFICE FURNISHINGS 0 250 250 0 0 250 0 250 52230 COMPUTER SOFTWARE 318 500 500 0 0 500 0 500 Tota I EQUIPMENT 8,442 1,450 2,250 0 0 2,250 0 2,250 54303 OFFICE SUPPLIES 3,196 3,800 3,840 0 0 3,840 0 3,840 54330 PRINTING 3,910 5,000 5,000 0 0 5,000 0 5,000 54332 BOOKS 44 250 250 0 0 250 0 250 Total SUPPLIES 7,151 9,050 9,090 0 0 9,090 0 9,090 54400 PROGRAM EXPENSE 15,861 13,500 13,500 0 0 13,500 0 13,500 54402 LEGAL ADVERTISING 64 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 2,710 1,000 1,200 0 0 1,200 0 1,200 54414 LOCAL MILEAGE 533 1,000 1,000 0 0 1,000 0 1,000 54416 MEMBERSHIP DUES 460 500 500 0 0 500 0 500 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54432 RENT 300 1,000 1,300 0 0 1,300 0 1,300 54442 PROFESSIONAL SERVICES 1,009 30,000 48,500 0 0 48,500 0 48,500 54452 POSTAGE 3,794 4,022 4,000 0 0 4,000 0 4,000 54472 TELEPHONE 1,029 1,500 1,500 0 0 1,500 0 1,500 Tota I CONTRACTUAL 25,760 52,522 71,500 0 0 71,500 0 71,500 58800 FRINGES 160,517 197,863 216,320 0 0 216,320 0 216,320 Tota I EMPLOYEE BENEFITS 160,517 197,863 216,320 0 0 216,320 0 216,320 Total Appropriations 598,303 645,832 682,027 0 0 682,027 0 682,027 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1430 - PERSONNEL 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total Appropriations 598,303 645,832 682,027 0 0 682,027 0 682,027 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 598,303 682,027 0 0 682,027 0 682,027 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1431 - INTERNSHIPS 51000049 PROJECT ASSISTANT 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES Total Appropriations 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Appropriations 0 Total Revenues 0 Total County Cost 0 AdoptedFundV3.rp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fund A: GENERAL FUND NYS Unit: 1450 - BOARD OF ELECTIONS 42665 SALE OF EQUIPMENT 2010 Actual 0 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 0 2012 Dept Base 0 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 0 2012 Adopted New 0 2012 Adopted Total 0 Total 42701 42770 42797 Total Total Revenues 51000075 51000175 51000201 51000691 51000793 51400 51600 Total 54303 54310 54330 SALE OF PROPERTY/COMPEN 0 REFUND OF PRIOR YR EXPENS 0 OTHER MISCELL REVENUES 1,543 OTHER LOCAL GOVT CONTRIBI 17,627 MISCELL LOCAL SOURCES 19,170 VOTING MACH TECH DEP COMM ELECTIONS COMMR. OF ELECT. SR ELECTIONS CLERK SEN VOTG MAC TEC DISABILITY PAY LONGEVITY PERSONAL SERVICES OFFICE SUPPLIES AUTOMOTIVE FUEL PRINTING 19,170 5,616 93,433 143,088 77,156 31,526 0 0 350,820 1,628 206 12 0 0 2,250 0 2,250 2,250 6,000 93,394 142,541 77,125 37,381 0 500 356,941 1,700 200 250 0 0 7,000 0 7,000 7,000 6,000 93,491 142,653 77,173 104,197 0 500 424,014 1,981 300 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,000 0 7,000 7,000 6,000 93,491 142,653 77,173 104,197 0 500 424,014 1,981 300 200 0 0 0 0 0 0 0 0 7,000 0 7,000 7,000 0 6,000 0 93,491 0 142,653 0 77,173 0 104,197 0 0 0 500 0 424,014 0 0 0 1,981 300 200 Total SUPPLIES 54400 PROGRAM EXPENSE 54412 TRAVEL/TRAINING 54414 LOCAL MILEAGE 54416 MEMBERSHIP DUES 54421 AUTO MAINTENACE/REPAIRS 54424 EQUIPMENT RENTAL 54425 SERVICE CONTRACTS 54432 RENT 1,846 125,378 3,132 943 0 0 0 22,712 333 2,150 82,637 4,000 500 140 700 900 26,000 900 2,481 152,600 3,559 580 140 0 0 26,000 900 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,481 152,600 3,559 580 140 0 0 26,000 900 0 0 0 0 0 0 0 0 0 2,481 152,600 3,559 580 140 0 0 26,000 900 Total 58800 CONTRACTUAL FRINGES 152,497 142,251 115,777 183,467 183,779 239,018 0 0 0 0 183,779 239,018 0 183,779 0 239,018 Total EMPLOYEE BENEFITS 142,251 Total Appropriations 647,413 AdoptedFundV3.rp 183,467 658,335 239,018 0 849,292 0 0 0 239,018 849,292 0 239,018 0 849,292 Fund A: GENERAL FUND NYS Unit: 1450 - BOARD OF ELECTIONS 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total Appropriations 647,413 658,335 849,292 0 0 849,292 0 849,292 Total Revenues 19,170 2,250 7,000 0 0 7,000 0 7,000 Total County Cost 628,243 656,085 842,292 0 0 842,292 0 842,292 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1451 - ELECTIONS EXPENSE 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42215 ELECTION EXPENSE 36,530 0 0 0 0 0 0 0 Total INTERGOVNMENTAL CHARGE; 36,530 0 0 0 0 0 0 0 42770 OTHER MISCELL REVENUES 0 122,320 155,220 0 0 155,220 0 155,220 Total MISCELL LOCAL SOURCES 0 122,320 155,220 0 0 155,220 0 155,220 43089 OTHER STATE AID 13,918 0 0 0 0 0 0 0 Total STATE AID 13,918 0 0 0 0 0 0 0 Total Revenues 50,448 122,320 155,220 0 0 155,220 0 155,220 52230 COMPUTER SOFTWARE 0 400 400 0 0 400 0 400 Tota I EQUIPMENT 0 400 400 0 0 400 0 400 54303 OFFICE SUPPLIES 2,456 5,000 5,000 0 0 5,000 0 5,000 54319 PROGRAM SUPPLIES 56,601 80,000 110,000 0 0 110,000 0 110,000 54330 PRINTING 1,570 3,100 4,000 0 0 4,000 0 4,000 54332 BOOKS 95 200 100 0 0 100 0 100 Total SUPPLIES 60,721 88,300 119,100 0 0 119,100 0 119,100 54400 PROGRAM EXPENSE 0 0 0 0 0 0 0 0 54402 LEGAL ADVERTISING 2,627 3,000 4,000 0 0 4,000 0 4,000 54424 EQUIPMENT RENTAL 0 0 1,000 0 0 1,000 0 1,000 54452 POSTAGE 22,132 26,000 27,000 0 0 27,000 0 27,000 54472 TELEPHONE 2,341 3,720 3,720 0 0 3,720 0 3,720 Total CONTRACTUAL 27,100 32,720 35,720 0 0 35,720 0 35,720 Total Appropriations 87,821 121,420 155,220 0 0 155,220 0 155,220 Total Appropriations 87,821 121,420 155,220 0 0 155,220 0 155,220 Total Revenues 50,448 122,320 155,220 0 0 155,220 0 155,220 Total County Cost 37,373 (900) 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1452 - ELECTIONS GRANT 43089 OTHER STATE AID 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 19,484 4,100 11,400 0 0 11,400 0 11,400 Total STATE AID 19,484 4,100 11,400 0 0 11,400 0 11,400 44592 FEDERAL AID AIRPORT 6,292 0 0 0 0 0 0 0 Total FEDERAL AID 6,292 0 0 0 0 0 0 0 Total Revenues 25,776 4,100 11,400 0 0 11,400 0 11,400 52220 DEPARTMENTAL EQUIPMENT 2,566 4,100 2,000 0 0 2,000 0 2,000 52230 COMPUTER SOFTWARE 1,461 0 0 0 0 0 0 0 Total EQUIPMENT 4,027 4,100 2,000 0 0 2,000 0 2,000 54330 PRINTING 4,276 0 0 0 0 0 0 0 Total SUPPLIES 4,276 0 0 0 0 0 0 0 54400 PROGRAM EXPENSE 11,047 0 9,401 0 0 9,401 0 9,401 Total CONTRACTUAL 11,047 0 9,401 0 0 9,401 0 9,401 Total Appropriations 19,350 4,100 11,401 0 0 11,401 0 11,401 Total Appropriations 19,350 4,100 11,401 0 0 11,401 0 11,401 Total Revenues 25,776 4,100 11,400 0 0 11,400 0 11,400 Total County Cost (6,426) 0 1 0 0 1 0 1 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1460 - RECORDS MANAGEMENT 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42770 OTHER MISCELL REVENUES 10,938 13,500 11,000 0 0 11,000 0 11,000 Total Total Revenues MISCELL LOCAL SOURCES 10,938 13,500 10,938 13,500 11,000 0 0 11,000 0 11,000 11,000 0 0 11,000 0 11,000 51000 REGULAR PAY 0 0 0 0 0 0 0 0 51000669 RECORDS OFFICER 14,634 0 0 0 0 0 0 0 51000789 MAIL & REC CLERK 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 14,634 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 285 400 0 0 0 0 0 0 Tota I SUPPLIES 285 400 0 0 0 0 0 0 54412 TRAVEL/TRAINING 0 100 0 0 0 0 0 0 54472 TELEPHONE 738 750 350 0 0 350 0 350 Total CONTRACTUAL 738 850 350 0 0 350 0 350 58800 FRINGES 5,927 0 0 0 0 0 0 0 Total EMPLOYEE BENEFITS 5,927 0 0 0 0 0 0 0 Total Appropriations 21,584 1,250 350 0 0 350 0 350 Total Appropriations 21,584 1,250 350 0 0 350 0 350 Total Revenues 10,938 13,500 11,000 0 0 11,000 0 11,000 Total County Cost 10,645 (12,250) (10,650) 0 0 (10,650) 0 (10,650) AdoptedFundV3.rp 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 Fund A: GENERAL FUND NYS Unit: 1490 - PUBLIC WORKS ADMINISTRAT. 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42801 INTERFUND REVENUES 125,022 0 0 0 0 0 0 0 Total Total Revenues INTERFUND REVENUES 125,022 0 0 0 0 0 0 0 125,022 0 0 0 0 0 0 0 51000170 COMM PLAN & PUBLIC WORKS 52,194 0 0 0 0 0 0 0 51000222 PW ADMINISTRATOR 43,804 0 0 0 0 0 0 0 51600 LONGEVITY 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 95,998 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 150 0 0 0 0 0 0 0 54330 PRINTING 110 0 0 0 0 0 0 0 Total SUPPLIES 260 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 0 0 0 0 0 0 0 0 54414 LOCAL MILEAGE 152 0 0 0 0 0 0 0 54416 MEMBERSHIP DUES 156 0 0 0 0 0 0 0 Total CONTRACTUAL 308 0 0 0 0 0 0 0 58800 FRINGES 37,664 0 0 0 0 0 0 0 Total EMPLOYEE BENEFITS Total Appropriations 37,664 0 0 0 0 0 0 0 134,229 0 0 0 0 0 0 0 Total Appropriations 134,229 0 0 0 0 0 0 0 Total Revenues 125,022 0 0 0 0 0 0 0 Total County Cost 9,207 0 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1620 - BLDG. & GRND. MAINTENANCE 2010 Actual 42665 SALE OF EQUIPMENT 9,230 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 0 2012 Dept Base 0 2012 Dept New 0 2012 Recomm New 0 2012 2012 Recomm Adopted Total New 11/16/2011 2012 Adopted Total 0 0 0 Total 42701 42770 Tota I 42801 SALE OF PROPERTY/COMPEN 9,230 REFUND OF PRIOR YR EXPENS 395 OTHER MISCELL REVENUES 19,423 MISCELL LOCAL SOURCES 19,818 INTERFUND REVENUES 0 0 0 0 0 0 0 0 0 0 16,140 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16,140 0 0 0 0 0 0 0 0 0 16,140 Total 43021 Total Total Revenues 51000 51000177 51000179 51000535 51000671 51000674 51000801 51000803 51000804 51000822 51000823 51000861 51000862 51000863 51000864 51000865 51200 51200801 51200803 51200804 51200822 51200823 51200861 51200862 AdoptedFundV3.rp INTERFUND REVENUES COURT FACILITIES AID STATE AID REGULAR PAY ASST DIR FACIL DIR OF FACILITIES ADMIN. ASSISTANT SECRETARY ADMIN COORDINATOR CLEANER SENIOR CLEANER SEASONAL WORKER ELECTRICIAN CLEANING SUPER GEN MAINT SUPER HVAC SYS TECH MAINT MECHANIC CARPENTER FAC SHOPKEEPER OVERTIME PAY CLEANER SENIOR CLEANER SEASONAL WORKER ELECTRICIAN CLEANING SUPER GEN MAINT SUPER HVAC SYS TECH 0 3,572 3,572 32,620 0 0 16,140 0 0 0 0 0 16,140 0 0 0 16,140 0 (136) 63,310 78,874 41,923 37,896 0 446,372 74,718 18,486 49,768 45,482 47,905 99,537 79,870 45,174 38,725 0 324 393 9 0 11 51 0 0 0 0 64,784 78,392 41,406 37,381 0 436,368 76,498 12,547 49,398 44,592 46,934 98,796 76,498 44,592 38,249 6,000 0 0 0 0 0 0 0 0 16,140 0 64,832 78,446 20,718 37,399 21,805 436,720 76,546 0 49,423 44,621 46,959 98,846 76,546 44,621 38,273 5,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12,559 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12,559 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16,140 0 64,832 78,446 20,718 37,399 21,805 436,720 76,546 12,559 49,423 44,621 46,959 98,846 76,546 44,621 38,273 5,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12,559 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16,140 0 64,832 78,446 20,718 37,399 21,805 436,720 76,546 12,559 49,423 44,621 46,959 98,846 76,546 44,621 38,273 5,500 0 0 0 0 0 0 0 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1620 - BLDG. & GRND. MAINTENANCE 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51200863 MAINT MECHANIC 806 0 0 0 0 0 0 0 51200864 CARPENTER 107 0 0 0 0 0 0 0 51200865 FAC SHOPKEEPER 55 0 0 0 0 0 0 0 51300 SHIFT PAY 0 14,600 14,100 0 0 14,100 0 14,100 51300801 CLEANER 12,443 0 0 0 0 0 0 0 51300803 SENIOR CLEANER 1,329 0 0 0 0 0 0 0 51400 DISABILITY PAY 0 0 0 0 0 0 0 0 51400999 DISABILITY 442 0 0 0 0 0 0 0 51600 LONGEVITY 0 8,600 8,050 0 0 8,050 0 8,050 51700 PREMIUM PAY 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 1,183,872 1,175,635 1,163,405 12,559 12,559 1,175,964 12,559 1,175,964 52206 COMPUTER EQUIPMENT 29 0 0 0 0 0 0 0 52220 DEPARTMENTAL EQUIPMENT 12,802 3,000 5,440 0 0 5,440 0 5,440 52230 COMPUTER SOFTWARE 192 0 0 0 0 0 0 0 Total EQUIPMENT 13,023 3,000 5,440 0 0 5,440 0 5,440 54303 OFFICE SUPPLIES 478 500 500 0 0 500 0 500 54304 CLEANING SUPPLIES 43,356 34,000 40,000 0 0 40,000 0 40,000 54306 AUTOMOTIVE SUPPLIES 381 220 220 0 0 220 0 220 54310 AUTOMOTIVE FUEL 19,624 14,400 18,280 0 0 18,280 0 18,280 54330 PRINTING 1,401 1,300 1,300 0 0 1,300 0 1,300 54332 BOOKS 1,938 250 0 250 0 0 250 250 54340 CLOTHING 0 9,100 8,775 0 0 8,775 0 8,775 Total SUPPLIES 67,179 59,770 69,075 250 0 69,075 250 69,325 54401 EMPLOYEE RECOGNITION 201 100 200 0 0 200 0 200 54402 LEGAL ADVERTISING 70 100 100 0 0 100 0 100 54412 TRAVEL/TRAINING 393 2,000 500 1,500 0 500 1,500 2,000 54414 LOCAL MILEAGE 510 550 550 0 0 550 0 550 54416 MEMBERSHIP DUES 751 660 225 455 0 225 455 680 54421 AUTO MAINTENACE/REPAIRS 15,559 5,000 10,000 0 0 10,000 0 10,000 54422 EQUIPMENT MAINTENANCE 3,735 1,500 1,500 0 0 1,500 0 1,500 54424 EQUIPMENT RENTAL 583 250 250 0 0 250 0 250 54425 SERVICE CONTRACTS 146,058 148,500 138,254 13,705 0 138,254 13,705 151,959 54442 PROFESSIONAL SERVICES 79,245 83,000 0 0 0 0 0 0 54452 POSTAGE 558 80 150 0 0 150 0 150 54470 BUILDING REPAIRS 675,001 147,233 150,000 0 0 150,000 0 150,000 54472 TELEPHONE 8,322 9,350 8,200 0 0 8,200 0 8,200 54607 PUBLIC WORKS ADMIN 0 0 0 0 0 0 0 0 AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1620 - BLDG. & GRND. MAINTENANCE 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54618 INTERDEPARTMENTAL CHARGE 3,894 0 0 0 0 0 0 0 54802 CONTRIBUTION TO CONSTRUC 0 400,000 0 0 0 0 0 0 Total CONTRACTUAL 934,880 798,323 309,929 15,660 0 309,929 15,660 325,589 58800 FRINGES 479,078 612,030 657,325 7,096 7,096 664,421 7,096 664,421 58865 DENTAL 20,331 0 0 0 0 0 0 0 Total EMPLOYEE BENEFITS 499,409 612,030 657,325 7,096 7,096 664,421 7,096 664,421 Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 2,698,363 2,648,758 2,205,174 35,565 19,655 2,224,829 35,565 2,240,739 2,698,363 2,648,758 2,205,174 35,565 19,655 2,224,829 35,565 2,240,739 32,620 0 16,140 0 0 16,140 0 16,140 2,665,743 2,648,758 2,189,034 35,565 19,655 2,208,689 35,565 2,224,599 Fund A: GENERAL FUND NYS Unit: 1621 - UTILITIES, TAXES, INSUR. 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42701 REFUND OF PRIOR YR EXPENS 466 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 466 0 0 0 0 0 0 0 42801 INTERFUND REVENUES 28 28,500 28,500 0 0 28,500 0 28,500 Total Total Revenues INTERFUND REVENUES 28 28,500 28,500 0 0 28,500 0 28,500 494 28,500 28,500 0 0 28,500 0 28,500 54432 RENT 144,460 229,260 232,320 0 0 232,320 0 232,320 54462 INSURANCE 112,743 124,700 130,710 0 0 130,710 0 130,710 54471 ELECTRIC 655,547 736,450 634,300 0 0 634,300 0 634,300 54473 HEAT 262,929 386,900 276,800 0 0 276,800 0 276,800 54474 WATER/SEWER 42,170 50,000 56,700 0 0 56,700 0 56,700 54475 FAC ENVIRONMENTAL TESTING 0 5,000 5,000 0 0 5,000 0 5,000 54488 TAXES 1,740 990 990 0 0 990 0 990 54808 CONTRIBUTION TO DEBT SERV 281,198 281,198 281,198 0 0 281,198 0 281,198 Total CONTRACTUAL 1,500,788 1,814,498 1,618,018 0 0 1,618,018 0 1,618,018 Total Appropriations 1,500,788 1,814,498 1,618,018 0 0 1,618,018 0 1,618,018 Total Appropriations 1,500,788 1,814,498 1,618,018 0 0 1,618,018 0 1,618,018 Total Revenues 494 28,500 28,500 0 0 28,500 0 28,500 Total County Cost 1,500,294 1,785,998 1,589,518 0 0 1,589,518 0 1,589,518 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1680 - INFORMAT. TECH. SERVICES 2010 Actual 42228 42229 DATA PROCESSING TELECOMMUNICATIONS 4,198 43,080 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 13,435 38,880 2012 Dept Base 13,435 38,880 2012 Dept New 0 0 2012 Recomm New 0 0 2012 Recomm Total 13,435 38,880 2012 Adopted New 0 0 2012 Adopted Total 13,435 38,880 Total INTERGOVNMENTAL CHARGE; 47,278 42701 REFUND OF PRIOR YR EXPENS 146 52,315 0 52,315 0 0 0 0 0 52,315 0 0 0 52,315 0 Total 42801 MISCELL LOCAL SOURCES INTERFUND REVENUES 146 22,765 0 8,100 0 8,100 0 0 0 0 0 8,100 0 0 0 8,100 Total Total Revenues 51000098 51000195 51000622 51000637 51000638 51000731 51000738 51000739 51000766 51200098 51200637 51200738 51200739 51200766 51400 51600 Total 52202 52206 52222 52230 INTERFUND REVENUES PUB SAFE SYS ADMIN DIR INF TECH SVCS PROGRAMMER/ANALYST SYSTEMS ANALYST TECH MICROCOMPUTER SPEC ADMIN COMPUTER ASST NET/SYSTEMS/ADMIN TELCOM/PRGRMING AD FIN SYSTEMS ADMIN PUB SAFE SYS ADMIN SYSTEMS ANALYST TECH NET/SYSTEMS/ADMIN TELECOM/PROGRAMMING/ADM FINANCIAL SYSTEMS ADMIN DISABILITY PAY LONGEVITY PERSONAL SERVICES NETWORK COMPONENTS COMPUTER EQUIPMENT COMMUNICATIONS EQUIP COMPUTER SOFTWARE 22,765 70,190 19,607 95,296 30,922 47,414 47,487 47,340 66,133 71,637 69,867 0 254 411 365 388 0 0 497,120 8,091 0 0 192 8,100 60,415 0 90,806 43,583 40,284 0 47,321 64,784 64,784 64,784 0 0 0 0 0 0 2,350 418,696 15,400 1,000 4,500 1,500 8,100 60,415 0 90,862 0 0 41,437 47,356 64,812 64,812 64,812 0 0 0 0 0 0 2,400 376,491 9,293 0 2,000 0 0 0 0 0 49,831 0 5,919 0 0 0 0 0 0 0 0 0 0 0 55,750 0 0 0 0 0 0 0 0 24,916 0 5,919 0 0 0 0 0 0 0 0 0 0 0 30,835 0 0 0 0 8,100 60,415 0 90,862 24,916 0 47,356 47,356 64,812 64,812 64,812 0 0 0 0 0 0 2,400 407,326 9,293 0 2,000 0 0 0 0 0 24,916 0 5,919 0 0 0 0 0 0 0 0 0 0 0 30,835 0 0 0 0 8,100 60,415 0 90,862 24,916 0 47,356 47,356 64,812 64,812 64,812 0 0 0 0 0 0 2,400 407,326 9,293 0 2,000 0 Total 54303 54306 54330 AdoptedFundV3.rp EQUIPMENT OFFICE SUPPLIES AUTOMOTIVE SUPPLIES PRINTING 8,283 938 395 1,274 22,400 1,000 752 1,100 11,293 500 400 400 0 0 0 0 0 0 0 0 11,293 500 400 400 0 0 0 0 11,293 500 400 400 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1680 - INFORMAT. TECH. SERVICES 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total SUPPLIES 2,607 2,852 1,300 0 0 1,300 0 1,300 54412 TRAVEL/TRAINING 659 1,500 1,000 0 0 1,000 0 1,000 54416 MEMBERSHIP DUES 50 50 50 0 0 50 0 50 54421 AUTO MAINTENACE/REPAIRS 116 750 500 0 0 500 0 500 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 35,496 121,098 118,051 0 0 118,051 0 118,051 54442 PROFESSIONAL SERVICES 8,470 5,000 59,000 0 0 59,000 0 59,000 54452 POSTAGE 37 250 150 0 0 150 0 150 54472 TELEPHONE 54,155 25,000 25,000 0 0 25,000 0 25,000 Total CONTRACTUAL 98,983 153,648 203,751 0 0 203,751 0 203,751 58800 FRINGES 179,042 215,210 212,718 31,499 17,421 230,139 17,421 230,139 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 179,042 215,210 786,035 812,806 212,718 31,499 17,421 230,139 17,421 230,139 805,553 87,249 48,256 853,809 48,256 853,809 786,035 812,806 805,553 87,249 48,256 853,809 48,256 853,809 70,190 60,415 60,415 0 0 60,415 0 60,415 715,845 752,391 745,138 87,249 48,256 793,394 48,256 793,394 Fund A: GENERAL FUND NYS Unit: 1683 - GIS 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42228 DATA PROCESSING 25,256 28,000 7,500 0 0 7,500 0 7,500 Total Total Revenues INTERGOVNMENTAL CHARGE; 25,256 28,000 25,256 28,000 7,500 0 0 7,500 0 7,500 7,500 0 0 7,500 0 7,500 51000713 GIS TECH 43,045 42,720 37,749 5,393 5,393 43,142 5,393 43,142 51000732 GIS PROJECT LEADER 58,922 58,897 50,085 0 0 50,085 0 50,085 51600 LONGEVITY 0 400 400 0 0 400 0 400 Total PERSONAL SERVICES 101,968 102,017 88,234 5,393 5,393 93,627 5,393 93,627 52202 NETWORK COMPONENTS 0 0 0 0 0 0 0 0 52206 COMPUTER EQUIPMENT 1,083 0 0 0 0 0 0 0 52210 OFFICE EQUIPMENT 0 0 1,200 0 0 1,200 0 1,200 52230 COMPUTER SOFTWARE 0 512 0 0 0 0 0 0 Total EQUIPMENT 1,083 512 1,200 0 0 1,200 0 1,200 54303 OFFICE SUPPLIES 675 400 400 0 0 400 0 400 54330 PRINTING 0 0 0 0 0 0 0 0 Total SUPPLIES 675 400 400 0 0 400 0 400 54412 TRAVEL/TRAINING 264 300 2,000 0 0 2,000 0 2,000 54425 SERVICE CONTRACTS 7,897 9,997 12,353 0 0 12,353 0 12,353 54452 POSTAGE 0 0 0 0 0 0 0 0 54472 TELEPHONE 249 0 312 0 0 312 0 312 Total CONTRACTUAL 8,409 10,297 14,665 0 0 14,665 0 14,665 58800 FRINGES 41,297 52,437 49,740 2,934 2,934 52,674 2,934 52,674 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 41,297 52,437 49,740 2,934 2,934 52,674 2,934 52,674 153,432 165,663 154,239 8,327 8,327 162,566 8,327 162,566 153,432 165,663 154,239 8,327 8,327 162,566 8,327 162,566 25,256 28,000 7,500 0 0 7,500 0 7,500 128,176 137,663 146,739 8,327 8,327 155,066 8,327 155,066 Fund A: GENERAL FUND NYS Unit: 1685 - ITS CRIM JUST SUPPORT 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000098 PUB SAFE SYS ADMIN 0 0 64,812 0 0 64,812 0 64,812 51000195 DIR INF TECH SVCS 0 4,058 4,058 0 0 4,058 0 4,058 51000637 SYSTEMS ANALYST TECH 0 24,500 0 0 0 0 0 0 51000732 GIS PROJECT LEADER 0 0 8,838 0 0 8,838 0 8,838 51600 LONGEVITY 0 400 400 0 0 400 0 400 Total PERSONAL SERVICES 0 28,958 78,108 0 0 78,108 0 78,108 52202 NETWORK COMPONENTS 0 0 0 0 0 0 0 0 Total EQUIPMENT 0 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 0 0 0 0 0 0 0 0 Total SUPPLIES 0 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 3,433 3,281 1,500 0 0 1,500 0 1,500 54425 SERVICE CONTRACTS 3,783 3,773 3,588 0 0 3,588 0 3,588 54442 PROFESSIONAL SERVICES 0 980 0 0 0 0 0 0 54452 POSTAGE 155 0 150 0 0 150 0 150 54472 TELEPHONE 0 0 500 0 0 500 0 500 Total CONTRACTUAL 7,370 8,034 5,738 0 0 5,738 0 5,738 58800 FRINGES 0 14,884 44,131 0 0 44,131 0 44,131 Total EMPLOYEE BENEFITS 0 14,884 44,131 0 0 44,131 0 44,131 Total Appropriations 7,370 51,876 127,977 0 0 127,977 0 127,977 Total Appropriations 7,370 51,876 127,977 0 0 127,977 0 127,977 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 7,370 127,977 0 0 127,977 0 127,977 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1920 - MUNICIPAL DUES 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54416 MEMBERSHIP DUES 9,076 9,348 9,628 0 0 9,628 0 9,628 Total CONTRACTUAL Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 9,076 9,348 9,076 9,348 9,628 0 0 9,628 0 9,628 9,628 0 0 9,628 0 9,628 9,076 9,348 9,628 0 0 9,628 0 9,628 0 0 0 0 0 0 0 0 9,076 9,628 0 0 9,628 0 9,628 Fund A: GENERAL FUND NYS Unit: 1950 - TAXES ON CO. OWN. PROP. 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 41051 GAIN FROM SALE TAX PROP 0 34,000 0 0 0 0 0 0 Total REAL PROPERTY TAX ITEMS 0 34,000 0 0 0 0 0 0 Total Revenues 0 34,000 0 0 0 0 0 0 54488 TAXES 9,593 15,000 9,600 0 0 9,600 0 9,600 Total CONTRACTUAL 9,593 15,000 9,600 0 0 9,600 0 9,600 Total Appropriations 9,593 15,000 9,600 0 0 9,600 0 9,600 Total Appropriations 9,593 15,000 9,600 0 0 9,600 0 9,600 Total Revenues 0 34,000 0 0 0 0 0 0 Total County Cost 9,593 (19,000) 9,600 0 0 9,600 0 9,600 AdoptedFundV3.rp 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 Fund A: GENERAL FUND NYS Unit: 1985 - DISTRIBUTION OF SALES TAX 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 41110 41111 SALES TAX 3% SALES TAX 1% 8,938,439 0 11,400,000 2,292,999 0 0 0 0 0 11,400,000 0 11,400,000 0 0 0 0 Total NON PROPERTY TAXES 11,231,438 0 11,400,000 Total Revenues 11,231,438 0 11,400,000 54400 PROGRAM EXPENSE 11,170,088 0 11,400,000 0 0 0 0 11,400,000 0 11,400,000 0 11,400,000 0 11,400,000 0 11,400,000 0 11,400,000 Total CONTRACTUAL 11,170,088 0 11,400,000 0 0 11,400,000 0 11,400,000 Total Appropriations 11,170,088 0 11,400,000 0 0 11,400,000 0 11,400,000 Total Appropriations 11,170,088 0 11,400,000 0 0 11,400,000 0 11,400,000 Total Revenues 11,231,438 0 11,400,000 0 0 11,400,000 0 11,400,000 Total County Cost (61,349) 0 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1987 - INSERVICE TRAINING 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54412 TRAVEL/TRAINING 0 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 41,736 34,000 0 0 0 0 0 0 Total CONTRACTUAL 41,736 34,000 0 0 0 0 0 0 Total Appropriations 41,736 34,000 0 0 0 0 0 0 Total Appropriations 41,736 34,000 0 0 0 0 0 0 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 41,736 34,000 0 0 0 0 0 0 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 1988 - PUBLIC INFORMATION 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000340 PUBLIC INF OFFICER 53,614 53,541 50,230 3,349 3,349 53,579 3,349 53,579 51200340 PUBLIC INFO OFFICER 26 0 0 0 0 0 0 0 Total PERSONAL SERVICES 53,640 53,541 50,230 3,349 3,349 53,579 3,349 53,579 52206 COMPUTER EQUIPMENT 280 0 0 0 0 0 0 0 52230 COMPUTER SOFTWARE 0 0 0 0 0 0 0 0 Total EQUIPMENT 280 0 0 0 0 0 0 0 54330 PRINTING 269 0 0 0 0 0 0 0 Tota I SUPPLIES 269 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 810 2,159 2,359 0 0 2,359 0 2,359 54442 PROFESSIONAL SERVICES 26,046 27,018 19,286 7,732 7,732 27,018 7,732 27,018 54472 TELEPHONE 164 300 300 0 0 300 0 300 Total CONTRACTUAL 27,019 29,477 21,945 7,732 7,732 29,677 7,732 29,677 58800 FRINGES 21,684 27,520 28,380 1,892 1,892 30,272 1,892 30,272 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 21,684 27,520 102,892 110,538 28,380 1,892 100,555 12,973 1,892 30,272 12,973 113,528 1,892 30,272 12,973 113,528 102,892 110,538 100,555 12,973 12,973 113,528 12,973 113,528 0 0 0 0 0 0 0 0 102,892 110,538 100,555 12,973 12,973 113,528 12,973 113,528 Fund A: GENERAL FUND NYS Unit: 1989 - RISK MANAGEMENT 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42801 INTERFUND REVENUES 30,206 12,500 12,500 0 0 12,500 0 12,500 Total Total Revenues INTERFUND REVENUES 51000338 CONTRACTS COORD 51600 LONGEVITY 30,206 12,500 30,206 12,500 54,063 53,541 12,500 0 0 12,500 0 12,500 12,500 0 0 12,500 0 12,500 50,230 3,349 3,349 53,579 3,349 53,579 0 450 450 0 0 450 0 450 Total PERSONAL SERVICES 54,063 53,991 50,680 3,349 3,349 54,029 3,349 54,029 54472 TELEPHONE 92 200 200 0 0 200 0 200 Total CONTRACTUAL 58800 FRINGES 92 200 200 0 0 200 0 200 21,866 27,751 28,634 1,892 1,892 30,526 1,892 30,526 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 21,866 27,751 76,021 81,942 28,634 1,892 79,514 5,241 1,892 30,526 5,241 84,755 1,892 30,526 5,241 84,755 76,021 81,942 79,514 5,241 5,241 84,755 5,241 84,755 30,206 12,500 12,500 0 0 12,500 0 12,500 45,815 69,442 67,014 5,241 5,241 72,255 5,241 72,255 Fund A: GENERAL FUND NYS Unit: 1990 - CONTINGENT FUND 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54400 PROGRAM EXPENSE 0 333,400 772,129 0 0 772,129 0 772,129 Total CONTRACTUAL Total Appropriations 0 333,400 772,129 0 0 772,129 0 772,129 0 333,400 772,129 0 0 772,129 0 772,129 Total Appropriations 0 333,400 772,129 0 0 772,129 0 772,129 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 0 772,129 0 0 772,129 0 772,129 AdoptedFundV3.rp 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 Fund A: GENERAL FUND NYS Unit: 2490 - COMM.COLL.O'SIDE COUNTY 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42701 REFUND OF PRIOR YR EXPENS 0 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 0 0 0 0 0 0 0 0 Total Revenues 0 0 0 0 0 0 0 0 54400 PROGRAM EXPENSE 318,164 375,000 375,000 0 0 375,000 0 375,000 Total CONTRACTUAL 318,164 375,000 375,000 0 0 375,000 0 375,000 Total Appropriations 318,164 375,000 375,000 0 0 375,000 0 375,000 Total Appropriations 318,164 375,000 375,000 0 0 375,000 0 375,000 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 318,164 375,000 375,000 0 0 375,000 0 375,000 AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 2495 - TOMP. CORT. COMM. COLLEGE 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54400 PROGRAM EXPENSE 2,638,047 2,680,596 2,680,596 0 0 2,680,596 0 2,680,596 Total CONTRACTUAL Total Appropriations 2,638,047 2,680,596 2,680,596 0 0 2,680,596 0 2,680,596 2,638,047 2,680,596 2,680,596 0 0 2,680,596 0 2,680,596 Total Appropriations 2,638,047 2,680,596 2,680,596 0 0 2,680,596 0 2,680,596 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 2,638,047 2,680,596 2,680,596 0 0 2,680,596 0 2,680,596 AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 2960 - PRESCHOOL SPECIAL EDUCATI 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 44401 FED AID PUBLIC HEALTH 291,105 0 0 0 0 0 0 0 Total 291,105 0 0 0 0 0 0 0 41607 MEDICAID INS PYMTS 0 0 50,000 0 0 50,000 0 50,000 Total DEPARTMENTAL INCOME 0 0 50,000 0 0 50,000 0 50,000 42701 REFUND OF PRIOR YR EXPENS 2,635 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 2,635 0 0 0 0 0 0 0 43277 PRESCHOOL SPECIAL EDUCATI2,264,316 2,558,500 2,530,000 0 0 2,530,000 0 2,530,000 Total STATE AID 2,264,316 2,558,500 2,530,000 0 0 2,530,000 0 2,530,000 Total Revenues 2,558,057 2,558,500 2,580,000 0 0 2,580,000 0 2,580,000 54305 CLIENT TRANSPORTATION 729,963 950,000 793,500 0 0 793,500 0 793,500 Total 54400 Total SUPPLIES PROGRAM EXPENSE CONTRACTUAL 729,963 950,000 3,598,488 3,598,488 4,300,000 4,300,000 793,500 0 0 793,500 0 793,500 3,906,500 3,906,500 0 0 0 3,906,500 0 3,906,500 0 3,906,500 0 3,906,500 Total Appropriations 4,328,452 5,250,000 4,700,000 0 0 4,700,000 0 4,700,000 Total Appropriations 4,328,452 5,250,000 4,700,000 0 0 4,700,000 0 4,700,000 Total Revenues 2,558,057 2,558,500 2,580,000 0 0 2,580,000 0 2,580,000 Total County Cost 1,770,395 2,691,500 2,120,000 0 0 2,120,000 0 2,120,000 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 2981 - COOPERATIVE EXTENSION 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54400 PROGRAM EXPENSE 698,894 680,445 642,418 0 0 642,418 0 642,418 Total CONTRACTUAL Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 698,894 680,445 642,418 0 0 642,418 0 642,418 698,894 680,445 642,418 0 0 642,418 0 642,418 698,894 680,445 642,418 0 0 642,418 0 642,418 0 0 0 0 0 0 0 0 698,894 642,418 0 0 642,418 0 642,418 Fund A: GENERAL FUND NYS Unit: 3110 - CIVIL 41510 SHERIFF FEES 2010 Actual 144,645 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 140,000 2012 Dept Base 140,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 140,000 2012 Adopted New 0 2012 Adopted Total 140,000 Total 42590 Total 42770 DEPARTMENTAL INCOME PERMITS LICENSE & PERMITS 144,645 3,356 140,000 2,500 140,000 2,500 0 0 0 0 140,000 2,500 0 0 140,000 2,500 OTHER MISCELL REVENUES 3,356 475 2,500 0 2,500 0 0 0 0 0 2,500 0 0 0 2,500 0 Total Total Revenues 51000 51000003 51000412 51000419 51000424 51000425 51000429 51000513 51200 51200412 51200419 51200424 51200425 51300412 51300419 51400 51600 Total 52230 MISCELL LOCAL SOURCES REGULAR PAY SHERIFF SGT -DEPUTY SHERIFF DEPUTY SHERIFF CIVIL/ACCT PER CLERK SECRETARY SHERIFF'S CLERK ACCT. CLERK/TYPIST OVERTIME PAY SGT -DEPUTY SHERIFF DEPUTY SHERIFF CIVIL/ACCT PER CLERK SECRETARY SGT -DEPUTY SHERIFF DEPUTY SHERIFF DISABILITY PAY LONGEVITY PERSONAL SERVICES COMPUTER SOFTWARE 475 0 148,477 142,500 1,208 0 85,823 85,823 82,046 64,763 69,921 53,524 82,145 80,414 41,267 40,207 32,582 0 0 6,000 0 545 2,338 0 1,852 5,255 121 0 72 0 626 0 106 0 0 0 0 3,600 400,107 340,131 (60) 0 0 142,500 0 85,823 65,020 53,745 80,764 40,382 0 0 0 0 5,260 0 0 0 0 0 3,140 334,134 0 0 0 21,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 142,500 0 85,823 65,020 53,745 80,764 40,382 0 0 0 0 5,260 0 0 0 0 0 3,140 334,134 0 0 0 0 142,500 0 0 0 85,823 0 65,020 0 53,745 0 80,764 0 40,382 0 0 0 0 0 0 0 0 0 5,260 0 0 0 0 0 0 0 0 0 0 0 3,140 0 334,134 0 0 Total 54303 54306 54330 54332 54340 54347 AdoptedFundV3.rp EQUIPMENT OFFICE SUPPLIES AUTOMOTIVE SUPPLIES PRINTING BOOKS CLOTHING AMMUNITION (60) 4,335 0 3,954 0 0 500 0 6,400 1,000 3,500 350 2,000 500 0 6,400 1,000 3,500 350 2,000 500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,400 1,000 3,500 350 2,000 500 0 0 0 0 0 0 0 0 6,400 1,000 3,500 350 2,000 500 Fund A: GENERAL FUND NYS Unit: 3110 - CIVIL 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total SUPPLIES 8,790 13,750 13,750 0 0 13,750 0 13,750 54402 LEGAL ADVERTISING 141 400 400 0 0 400 0 400 54412 TRAVEL/TRAINING 2,311 4,000 4,000 0 0 4,000 0 4,000 54416 MEMBERSHIP DUES 250 400 400 0 0 400 0 400 54421 AUTO MAINTENACE/REPAIRS 0 1,000 1,000 0 0 1,000 0 1,000 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 6,000 7,500 9,000 0 0 9,000 0 9,000 54442 PROFESSIONAL SERVICES 60 2,000 2,000 0 0 2,000 0 2,000 54452 POSTAGE 9,696 8,000 8,000 0 0 8,000 0 8,000 54472 TELEPHONE 2,095 2,500 2,500 0 0 2,500 0 2,500 Tota I CONTRACTUAL 20,554 25,800 27,300 0 0 27,300 0 27,300 58800 FRINGES 152,019 176,049 188,786 2,150 0 188,786 0 188,786 Total EMPLOYEE BENEFITS 152,019 176,049 188,786 2,150 0 188,786 0 188,786 Total Appropriations 581,410 555,730 563,970 23,650 0 563,970 0 563,970 Total Appropriations 581,410 555,730 563,970 23,650 0 563,970 0 563,970 Total Revenues 148,477 142,500 142,500 0 0 142,500 0 142,500 Total County Cost 432,933 413,230 421,470 23,650 0 421,470 0 421,470 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3113 - LAW ENFORCEMENT 42665 42680 SALE OF EQUIPMENT INSURANCE RECOVERIES 2010 Actual 55,990 0 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 15,000 0 2012 Dept Base 15,000 0 2012 Dept New 0 0 2012 Recomm New 0 0 2012 Recomm Total 15,000 0 2012 Adopted New 0 0 2012 Adopted Total 15,000 0 Total 42701 42705 42770 42771 42797 Tota I 42801 SALE OF PROPERTY/COMPEN 55,990 REFUND OF PRIOR YR EXPENS GIFTS & DONATIONS OTHER MISCELL REVENUES INTERDEPARTMENT REVENUE OTHER LOCAL GOVT CONTRIBI MISCELL LOCAL SOURCES INTERFUND REVENUES 913 0 38,294 152,569 0 191,776 235,354 15,000 0 7,400 40,000 0 0 47,400 246,000 15,000 0 0 40,000 0 0 40,000 257,804 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15,000 0 0 40,000 0 0 40,000 257,804 0 0 0 0 0 0 0 15,000 0 0 40,000 0 0 40,000 0 257,804 Total 43315 43389 Total INTERFUND REVENUES NAVIGATION OTHER PUBLIC SAFETY STATE AID 235,354 9,429 0 9,429 44389 OTHER PUBLIC SAFETY AID 27,107 246,000 0 106,048 106,048 0 257,804 0 25,000 25,000 0 0 0 0 0 0 0 0 0 0 257,804 0 0 25,000 25,000 0 0 257,804 0 0 0 0 0 25,000 25,000 0 Total Total Revenues 51000 51000193 51000412 51000413 51000417 51000419 51200 51200412 51200413 51200417 51200419 51300412 51300413 51300417 51300419 51400 AdoptedFundV3.rp FEDERAL AID REGULAR PAY CAPT DEP SHERIFF SGT -DEPUTY SHERIFF CRIM. INVESTIGATOR SR. CRIM. INVEST. DEPUTY SHERIFF OVERTIME PAY SGT -DEPUTY SHERIFF CRIM. INVESTIGATOR SR. CRIM. INVEST. DEPUTY SHERIFF SGT -DEPUTY SHERIFF CRIM. INVESTIGATOR SR. CRIM. INVES DEPUTY SHERIFF DISABILITY PAY 27,107 519,656 0 78,161 562,379 385,643 111,601 1,722,471 0 48,442 28,540 8,285 124,940 15,452 4,503 582 54,332 0 0 0 414,448 337,804 0 0 78,392 78,392 388,578 325,100 259,052 260,080 71,329 71,514 1,338,100 1,343,625 42,858 0 65,932 58,518 32,180 26,008 18,152 17,163 232,863 214,995 10,159 11,704 6,692 7,802 611 715 47,431 53,745 0 0 0 0 0 0 65,020 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 65,020 0 0 0 0 0 0 0 0 0 0 0 0 0 0 337,804 0 78,392 390,120 260,080 71,514 1,343,625 0 58,518 26,008 17,163 214,995 11,704 7,802 715 53,745 0 0 0 0 337,804 0 0 65,020 0 0 0 0 0 0 0 0 0 0 0 0 0 0 78,392 390,120 260,080 71,514 1,343,625 0 58,518 26,008 17,163 214,995 11,704 7,802 715 53,745 0 Fund A: GENERAL FUND NYS Unit: 3113 - LAW ENFORCEMENT 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51500413 CRIM INVESTIGATOR 698 0 0 0 0 0 0 0 51500419 DEPUTY SHERIFF 0 6,521 6,500 0 0 6,500 0 6,500 51600 LONGEVITY 0 6,565 14,235 0 0 14,235 0 14,235 51700 PREMIUM PAY 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 3,146,028 2,605,415 2,490,096 65,020 65,020 2,555,116 65,020 2,555,116 52206 COMPUTER EQUIPMENT 77 42,000 0 0 0 0 0 0 52220 DEPARTMENTAL EQUIPMENT 31,196 79,548 7,000 0 0 7,000 0 7,000 52222 COMMUNICATIONS EQUIP 0 2,950 2,950 0 0 2,950 0 2,950 52230 COMPUTER SOFTWARE 0 12,200 0 0 0 0 0 0 52231 VEHICLES 107,685 84,000 80,000 0 0 80,000 0 80,000 Total EQUIPMENT 138,958 220,698 89,950 0 0 89,950 0 89,950 54303 OFFICE SUPPLIES 3,855 4,850 4,850 0 0 4,850 0 4,850 54306 AUTOMOTIVE SUPPLIES 8,928 13,457 13,457 0 0 13,457 0 13,457 54310 AUTOMOTIVE FUEL 85,040 84,000 84,000 0 0 84,000 0 84,000 54311 MAINTENANCE 1,471 1,500 1,500 0 0 1,500 0 1,500 54319 PROGRAM SUPPLIES 14,249 64,400 15,000 0 0 15,000 0 15,000 54330 PRINTING 2,338 11,000 11,000 0 0 11,000 0 11,000 54332 BOOKS 1,315 750 750 0 0 750 0 750 54340 CLOTHING 20,353 21,500 18,500 0 0 18,500 0 18,500 54346 NAVIGATION 1,631 2,500 2,500 0 0 2,500 0 2,500 54347 AMMUNITION 7,842 6,000 6,000 0 0 6,000 0 6,000 Total SUPPLIES 147,022 209,957 157,557 0 0 157,557 0 157,557 54999 ROLLOVER 0 0 -80,000 0 0 (80,000) 0 (80,000) Total ROLLOVER 0 0 -80,000 0 0 (80,000) 0 (80,000) 54400 PROGRAM EXPENSE 0 6,500 0 0 0 0 0 0 54402 LEGAL ADVERTISING 42 400 400 0 0 400 0 400 54412 TRAVEL/TRAINING 3,618 8,000 8,000 0 0 8,000 0 8,000 54416 MEMBERSHIP DUES 25 0 0 0 0 0 0 0 54421 AUTO MAINTENACE/REPAIRS 49,865 63,372 63,374 0 0 63,374 0 63,374 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 986 2,500 2,500 0 0 2,500 0 2,500 54442 PROFESSIONAL SERVICES 13,416 0 0 0 0 0 0 0 54452 POSTAGE 781 700 700 0 0 700 0 700 54472 TELEPHONE 18,861 14,200 24,000 0 0 24,000 0 24,000 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3113 - LAW ENFORCEMENT 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total CONTRACTUAL 87,594 95,672 98,974 0 0 98,974 0 98,974 58800 FRINGES 1,057,162 1,426,821 1,406,904 36,736 36,736 1,443,640 36,736 1,443,640 Total EMPLOYEE BENEFITS 1,057,162 1,426,821 1,406,904 36,736 36,736 1,443,640 36,736 1,443,640 Total Appropriations 4,576,764 4,558,563 4,163,481 101,756 101,756 4,265,237 101,756 4,265,237 Total Appropriations 4,576,764 4,558,563 4,163,481 101,756 101,756 4,265,237 101,756 4,265,237 Total Revenues 519,656 414,448 337,804 0 0 337,804 0 337,804 Total County Cost 4,057,108 4,144,115 3,825,677 101,756 101,756 3,927,433 101,756 3,927,433 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3114 - COURT SECURITY 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000419 DEPUTY SHERIFF 5,982 0 0 0 0 0 0 0 51200419 DEPUTY SHERIFF 370 0 0 0 0 0 0 0 51300419 DEPUTY SHERIFF 3 0 0 0 0 0 0 0 Total PERSONAL SERVICES 6,355 0 0 0 0 0 0 0 58800 FRINGES 0 0 0 0 0 0 0 0 Total EMPLOYEE BENEFITS 0 0 0 0 0 0 0 0 Total Appropriations 6,355 Total Appropriations 6,355 Total Revenues 0 Total County Cost 6,355 AdoptedFundV3.rp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fund A: GENERAL FUND NYS Unit: 3115 - COURT ATTENDANTS 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 43330 COURT SECURITY REIMB 47,934 62,600 0 0 0 0 0 0 Total STATE AID 47,934 62,600 0 0 0 0 0 0 Total Revenues 47,934 62,600 0 0 0 0 0 0 51000055 COURT ATTENDANT 44,525 56,900 0 0 0 0 0 0 Total PERSONAL SERVICES 44,525 56,900 0 0 0 0 0 0 58800 FRINGES 3,143 5,700 0 0 0 0 0 0 Total EMPLOYEE BENEFITS 3,143 5,700 0 0 0 0 0 0 Total Appropriations 47,668 62,600 0 0 0 0 0 0 Total Appropriations 47,668 62,600 0 0 0 0 0 0 Total Revenues 47,934 62,600 0 0 0 0 0 0 Total County Cost (267) 0 0 0 0 0 0 0 AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 3140 - PLNG. & COORD. (PROBAT.) 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42771 INTERDEPARTMENT REVENUE 34,082 36,163 37,408 0 0 37,408 0 37,408 Total MISCELL LOCAL SOURCES 34,082 36,163 37,408 0 0 37,408 0 37,408 43310 PROBATION SERVICES 28,996 25,522 25,491 0 0 25,491 0 25,491 Total Total Revenues STATE AID 28,996 25,522 63,079 61,685 25,491 0 0 25,491 0 25,491 62,899 0 0 62,899 0 62,899 51000238 PROBATION DIR. II 95,446 94,857 94,920 0 0 94,920 0 94,920 51000632 WRK. PRJ. SUPV. 24,031 23,661 23,678 0 0 23,678 0 23,678 51000772 PROB ADMIN 54,113 53,541 53,578 0 0 53,578 0 53,578 51600 LONGEVITY 0 1,325 1,325 0 0 1,325 0 1,325 Total PERSONAL SERVICES 173,590 173,384 173,501 0 0 173,501 0 173,501 54400 PROGRAM EXPENSE 0 32 123 0 0 123 0 123 Total CONTRACTUAL 0 32 123 0 0 123 0 123 58800 FRINGES 70,221 89,119 98,028 0 0 98,028 0 98,028 Total EMPLOYEE BENEFITS 70,221 89,119 98,028 0 0 98,028 0 98,028 Total Appropriations 243,811 262,535 271,652 0 0 271,652 0 271,652 Total Appropriations 243,811 262,535 271,652 0 0 271,652 0 271,652 Total Revenues 63,079 61,685 62,899 0 0 62,899 0 62,899 Total County Cost 180,732 200,850 208,753 0 0 208,753 0 208,753 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3141 - ALTERNATIVES TO INCARC. 41580 PROBATION RESTITUTION 2010 Actual 684 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 760 2012 Dept Base 760 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 2012 Adopted New 2012 Adopted Total 760 0 760 Total 42701 42770 Total 43310 43389 DEPARTMENTAL INCOME REFUND OF PRIOR YR EXPENS OTHER MISCELL REVENUES MISCELL LOCAL SOURCES PROBATION SERVICES OTHER PUBLIC SAFETY 684 8 0 8 119,908 2,776 760 0 0 0 102,044 5,400 760 0 0 0 91,714 0 0 0 0 0 0 0 0 0 0 0 0 0 760 0 0 0 91,714 0 0 0 0 0 0 0 760 0 0 0 91,714 0 Total Total Revenues 51000 51000186 51000211 51000507 51000519 51000520 51000529 51000535 51000565 51000585 51000597 51000632 51000719 51000754 51000783 51400 51600 Total 52206 52210 52214 52230 STATE AID REGULAR PAY DEP PROB DIR II PROBATION SUPER. KEYBD SPEC SENIOR TYPIST PROBATION ASSIST. SR. ACCOUNT CLERK/TYPIST ADMIN. ASSISTANT REG. PROF. NURSE PROBATION OFFICER SR. PROB. OFFICER WRK. PRJ. SUPV. SYSTEMS ANALYST ADMIN SVC COORD TRANS WKFORCE SPEC DISABILITY PAY LONGEVITY PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMPUTER SOFTWARE 122,684 123,375 0 16,025 46,022 3,990 7,686 47,890 8,095 9,522 0 8,504 326,024 71,822 10,671 0 47,340 0 0 603,593 1,208 0 0 1,765 107,444 108,204 0 15,678 64,138 0 7,712 47,321 8,117 9,464 0 0 305,326 70,982 10,708 9,962 0 0 4,275 553,683 1,950 240 155 1,925 91,714 92,474 0 15,689 64,193 0 7,717 47,356 8,122 9,471 0 0 259,248 59,195 10,716 9,968 0 0 3,760 495,435 0 0 0 2,017 0 0 0 0 0 0 0 0 0 0 0 0 0 11,839 0 0 0 0 0 11,839 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 91,714 92,474 0 15,689 64,193 0 7,717 47,356 8,122 9,471 0 0 259,248 59,195 10,716 9,968 0 0 3,760 495,435 0 0 0 2,017 0 0 91,714 92,474 0 0 0 15,689 0 64,193 0 0 0 7,717 0 47,356 0 8,122 0 9,471 0 0 0 0 0 259,248 0 59,195 0 10,716 0 9,968 0 0 0 0 0 3,760 0 495,435 0 0 0 0 0 0 0 2,017 Total EQUIPMENT 54303 OFFICE SUPPLIES AdoptedFundV3.rp 2,973 1,645 4,270 2,250 2,017 0 1,800 0 0 0 2,017 1,800 0 2,017 0 1,800 Fund A: GENERAL FUND NYS Unit: 3141 - ALTERNATIVES TO INCARC. 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54306 AUTOMOTIVE SUPPLIES 0 500 500 0 0 500 0 500 54310 AUTOMOTIVE FUEL 3,631 4,500 4,500 0 0 4,500 0 4,500 54330 PRINTING 125 0 0 0 0 0 0 0 54332 BOOKS 0 15 75 0 0 75 0 75 Total SUPPLIES 5,401 7,265 6,875 0 0 6,875 0 6,875 54400 PROGRAM EXPENSE 17 500 177 0 0 177 0 177 54412 TRAVEL/TRAINING 1,986 2,640 2,250 0 0 2,250 0 2,250 54414 LOCAL MILEAGE 7,525 8,700 9,000 0 0 9,000 0 9,000 54421 AUTO MAINTENACE/REPAIRS 517 2,000 1,000 0 0 1,000 0 1,000 54424 EQUIPMENT RENTAL (78) 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 85 544 300 0 0 300 0 300 54442 PROFESSIONAL SERVICES 52,025 28,244 17,800 0 0 17,800 0 17,800 54452 POSTAGE 523 550 550 0 0 550 0 550 54472 TELEPHONE 3,111 3,780 3,240 0 0 3,240 0 3,240 54618 INTERDEPARTMENTAL CHARGE 19 0 0 0 0 0 0 0 Total CONTRACTUAL 65,728 46,958 34,317 0 0 34,317 0 34,317 58800 FRINGES 243,427 284,593 279,921 6,689 0 279,921 0 279,921 Total EMPLOYEE BENEFITS 243,427 284,593 279,921 6,689 0 279,921 0 279,921 Total Appropriations 921,122 896,769 818,565 18,528 0 818,565 0 818,565 Total Appropriations 921,122 896,769 818,565 18,528 0 818,565 0 818,565 Total Revenues 123,375 108,204 92,474 0 0 92,474 0 92,474 Total County Cost 797,747 788,565 726,091 18,528 0 726,091 0 726,091 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3142 - PROBATION INTAKE/INVESTIG 2010 Actual 41289 OTHER GEN GOVERNMENT 33,667 41580 PROBATION RESTITUTION 2,736 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 22,785 3,040 2012 Dept Base 24,800 3,040 2012 Dept New 0 0 2012 Recomm New 0 0 2012 Recomm Total 24,800 3,040 2012 2012 Adopted Adopted New Total 0 24,800 0 3,040 Total DEPARTMENTAL INCOME 36,403 42701 REFUND OF PRIOR YR EXPENS 36 42770 OTHER MISCELL REVENUES 1,202 42771 INTERDEPARTMENT REVENUE 318,476 25,825 0 2,000 342,478 27,840 0 1,500 252,175 0 0 0 0 0 0 0 0 27,840 0 1,500 252,175 0 27,840 0 0 0 1,500 0 252,175 Total MISCELL LOCAL SOURCES 319,714 43310 PROBATION SERVICES 211,913 43389 OTHER PUBLIC SAFETY 0 344,478 196,642 10,500 253,675 206,137 0 0 0 0 0 0 0 253,675 206,137 0 0 253,675 0 206,137 0 0 Total Total Revenues 51000186 51000211 51000507 51000519 51000529 51000535 51000585 51000597 51000719 51000754 51000783 51400 51600 Total 52206 52210 52214 52230 STATE AID 211,913 DEP PROB DIR II PROBATION SUPER. KEYBD SPEC SENIOR TYPIST SR. ACCOUNT CLERK/TYPIST ADMIN. ASSISTANT PROBATION OFFICER SR. PROB. OFFICER SYSTEMS ANALYST ADMIN SVC COORD TRANS WKFORCE SPEC DISABILITY PAY LONGEVITY PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMPUTER SOFTWARE 568,029 62,899 112,916 15,606 30,892 32,957 38,269 635,209 191,636 42,892 0 0 0 0 1,163,276 4,831 0 0 7,061 207,142 577,445 62,714 114,024 0 30,849 32,469 37,857 680,164 197,807 42,833 39,849 23,661 0 5,525 1,267,752 7,795 960 618 7,701 206,137 487,652 62,757 114,122 0 30,869 32,490 37,885 696,514 129,624 42,862 39,873 23,619 0 5,265 1,215,880 0 0 0 8,066 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 206,137 487,652 62,757 114,122 0 30,869 32,490 37,885 696,514 129,624 42,862 39,873 23,619 0 5,265 1,215,880 0 0 0 8,066 0 206,137 0 487,652 0 62,757 0 114,122 0 0 0 30,869 0 32,490 0 37,885 0 696,514 0 129,624 0 42,862 0 39,873 0 23,619 0 0 0 5,265 0 1,215,880 0 0 0 0 0 0 0 8,066 Total 54303 54332 AdoptedFundV3.rp EQUIPMENT OFFICE SUPPLIES BOOKS 11,892 17,074 8,066 0 6,248 5,250 6,200 0 0 63 300 0 0 0 0 8,066 6,200 0 8,066 0 6,200 300 0 300 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 3142 - PROBATION INTAKE/INVESTIG 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total SUPPLIES 6,248 5,313 6,500 0 0 6,500 0 6,500 54999 ROLLOVER 0 0 -43,853 0 0 (43,853) 0 (43,853) Total ROLLOVER 0 0 -43,853 0 0 (43,853) 0 (43,853) 54400 PROGRAM EXPENSE 468 12,500 700 0 0 700 0 700 54412 TRAVEL/TRAINING 5,224 6,360 6,750 0 0 6,750 0 6,750 54414 LOCAL MILEAGE 8,442 12,000 11,000 0 0 11,000 0 11,000 54416 MEMBERSHIP DUES 500 500 500 0 0 500 0 500 54424 EQUIPMENT RENTAL (314) 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 340 2,171 1,200 0 0 1,200 0 1,200 54442 PROFESSIONAL SERVICES 108 17,280 17,280 0 0 17,280 0 17,280 54452 POSTAGE 2,108 2,200 2,200 0 0 2,200 0 2,200 54472 TELEPHONE 5,693 7,020 7,560 0 0 7,560 0 7,560 54618 INTERDEPARTMENTAL CHARGE 77 0 0 0 0 0 0 0 Total CONTRACTUAL 22,646 60,031 47,190 0 0 47,190 0 47,190 58800 FRINGES 472,055 651,625 686,971 0 0 686,971 0 686,971 Total EMPLOYEE BENEFITS 472,055 651,625 686,971 0 0 686,971 0 686,971 Total Appropriations 1,676,117 2,001,795 1,920,754 0 0 1,920,754 0 1,920,754 Total Appropriations 1,676,117 2,001,795 1,920,754 0 0 1,920,754 0 1,920,754 Total Revenues 568,029 577,445 487,652 0 0 487,652 0 487,652 Total County Cost 1,108,088 1,424,350 1,433,102 0 0 1,433,102 0 1,433,102 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3150 - CORRECTIONS 42450 COMMISSIONS 2010 Actual 30,576 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 25,000 2012 Dept Base 25,000 2012 Dept New 0 2012 Recomm New 0 2012 2012 Recomm Adopted Total New 2012 Adopted Total 25,000 0 25,000 Total 42701 42770 Tota I 43389 43390 43391 USE OF MONEY & PROPERTY 30,576 REFUND OF PRIOR YR EXPENS 0 OTHER MISCELL REVENUES 10,520 MISCELL LOCAL SOURCES 10,520 OTHER PUBLIC SAFETY REIMB STATE PRISONERS CNR/INMATE MEALS 0 11,276 327 25,000 0 0 0 24,243 0 4,000 25,000 0 0 0 0 0 4,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25,000 0 0 0 0 0 4,000 0 0 0 0 0 0 0 25,000 0 0 0 0 0 4,000 Total 44391 STATE AID CNR/INMATE MEALS 11,603 8,548 28,243 0 4,000 0 0 0 0 0 4,000 0 0 0 4,000 0 Total Total Revenues 51000184 51000219 51000290 51000401 51000403 51000406 51000411 51000421 51000707 51200401 51200403 51200406 51200411 51200421 51200707 51300401 51300406 51300411 51400 51500 51500406 51600 AdoptedFundV3.rp FEDERAL AID CORR LIEUTENANT UNDERSHERIFF CHIEF CORR OFFICER CORRECTIONS CORP COOK (JAIL) CORRECTIONS OFFIC. CORRECTIONS SGT. HEAD COOK, JAIL JAIL NURSE CORRECTIONS CORP COOK (JAIL) CORRECTIONS OFFICER CORRECTIONS SGT HEAD COOK, JAIL JAIL NURSE CORRECTIONS CORP. CORRECTIONS OFFICER CORRECTIONS SGT DISABILITY PAY OTHER PAY 207C CORRECTIONS OFFIC. LONGEVITY 8,548 61,248 59,415 89,763 71,794 51,159 20,996 1,602,982 279,013 44,360 48,137 2,255 300 74,435 15,060 1,507 0 233 32,898 6,182 0 0 0 0 0 0 53,243 29,000 58,898 58,944 86,229 86,276 71,265 71,326 46,336 47,356 29,678 15,827 1,437,766 1,478,638 250,580 257,409 42,319 42,825 53,541 53,541 3,108 3,108 0 0 144,272 155,114 25,000 25,000 0 0 0 0 0 0 35,755 35,755 1,100 1,100 0 0 0 0 0 0 1,400 1,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 29,000 58,944 86,276 71,326 47,356 15,827 1,478,638 257,409 42,825 53,541 3,108 0 155,114 25,000 0 0 0 35,755 1,100 0 0 0 1,400 0 0 0 29,000 0 58,944 0 86,276 0 71,326 0 47,356 0 15,827 0 1,478,638 0 257,409 0 42,825 0 53,541 0 3,108 0 0 0 155,114 0 25,000 0 0 0 0 0 0 0 35,755 0 1,100 0 0 0 0 0 0 0 1,400 Fund A: GENERAL FUND NYS Unit: 3150 - CORRECTIONS 51700 PREMIUM PAY 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 0 0 0 0 0 0 0 0 Total PERSONAL SERVICES 2,400,490 2,287,247 2,333,619 0 0 2,333,619 0 2,333,619 52206 COMPUTER EQUIPMENT 0 2,000 0 0 0 0 0 0 52214 OFFICE FURNISHINGS 818 1,000 0 0 0 0 0 0 52220 DEPARTMENTAL EQUIPMENT 505 34,243 10,000 0 0 10,000 0 10,000 52222 COMMUNICATIONS EQUIP 2,871 3,000 3,000 0 0 3,000 0 3,000 52230 COMPUTER SOFTWARE 3,940 0 0 0 0 0 0 0 52231 VEHICLES 538 0 0 0 0 0 0 0 Total EQUIPMENT 8,671 40,243 13,000 0 0 13,000 0 13,000 54303 OFFICE SUPPLIES 4,112 7,500 7,500 0 0 7,500 0 7,500 54306 AUTOMOTIVE SUPPLIES 189 3,000 3,000 0 0 3,000 0 3,000 54310 AUTOMOTIVE FUEL 40,353 50,000 60,000 0 0 60,000 0 60,000 54311 MAINTENANCE 4,130 6,000 6,000 0 0 6,000 0 6,000 54319 PROGRAM SUPPLIES 60,093 40,000 40,000 0 0 40,000 0 40,000 54330 PRINTING 4,815 4,000 4,000 0 0 4,000 0 4,000 54332 BOOKS 8,704 10,000 10,000 0 0 10,000 0 10,000 54340 CLOTHING 15,748 20,500 20,500 0 0 20,500 0 20,500 54342 FOOD 186,267 168,000 168,000 0 0 168,000 0 168,000 54347 AMMUNITION 4,000 5,000 5,000 0 0 5,000 0 5,000 Total SUPPLIES 328,411 314,000 324,000 0 0 324,000 0 324,000 54412 TRAVEL/TRAINING 3,653 6,196 6,195 0 0 6,195 0 6,195 54421 AUTO MAINTENACE/REPAIRS 0 5,000 5,000 0 0 5,000 0 5,000 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 0 12,500 12,500 0 0 12,500 0 12,500 54439 PRISONER CLOTHING 24 12,000 12,000 0 0 12,000 0 12,000 54442 PROFESSIONAL SERVICES 11,865 4,000 4,000 0 0 4,000 0 4,000 54452 POSTAGE 647 600 600 0 0 600 0 600 54462 INSURANCE 0 100 100 0 0 100 0 100 54472 TELEPHONE 0 6,900 6,900 0 0 6,900 0 6,900 Tota I CONTRACTUAL 16,188 47,296 47,295 0 0 47,295 0 47,295 58800 FRINGES 926,335 1,175,645 1,318,494 0 0 1,318,494 0 1,318,494 Tota I EMPLOYEE BENEFITS 926,335 1,175,645 1,318,494 0 0 1,318,494 0 1,318,494 Total Appropriations 3,680,095 3,864,431 4,036,408 0 0 4,036,408 0 4,036,408 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3150 - CORRECTIONS Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rp 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 3,680,095 61,248 3,618,848 3,864,431 4,036,408 0 0 4,036,408 0 4,036,408 53,243 29,000 0 0 29,000 0 29,000 3,811,188 4,007,408 0 0 4,007,408 0 4,007,408 Fund A: GENERAL FUND NYS Unit: 3151 - MEDICAL AND BOARDING 2010 Actual 42701 REFUND OF PRIOR YR EXPENS 248 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 0 2012 Dept Base 0 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 0 11/16/2011 2012 2012 Adopted Adopted New Total 0 0 Total Total Revenues 54412 54442 54452 54462 54469 MISCELL LOCAL SOURCES TRAVEL/TRAINING PROFESSIONAL SERVICES POSTAGE INSURANCE BOARDING OF PRISONERS 248 248 0 210,551 238 2,912 91,815 0 0 0 236,162 0 0 25,960 0 0 0 299,040 0 0 25,960 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 299,040 0 0 25,960 0 0 0 0 0 0 0 299,040 0 0 0 0 0 25,960 Total Total Appropriations Total Appropriations Total Revenues Total County Cost CONTRACTUAL AdoptedFundV3.rp 305,515 305,515 305,515 248 305,267 262,122 262,122 262,122 0 262,122 325,000 325,000 325,000 0 325,000 0 0 0 0 0 0 0 0 0 0 325,000 325,000 325,000 0 325,000 0 325,000 0 325,000 0 0 0 325,000 0 325,000 Fund A: GENERAL FUND NYS Unit: 3160 - ATI INITIATIVES 41289 OTHER GEN GOVERNMENT 2010 Actual 850 2012 Budget Combined Work Sheet 11/16/2011 NYS Unit Totals By Fund 2011 Modified Budget 0 2012 Dept Base 0 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 2012 Adopted New 0 0 2012 Adopted Total 0 Total DEPARTMENTAL INCOME 850 42701 REFUND OF PRIOR YR EXPENS 30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 30 43310 PROBATION SERVICES 32,592 0 15,285 0 16,151 0 0 0 0 0 16,151 0 0 0 16,151 Total Total Revenues 51000211 51000650 51000754 51000783 51600 STATE AID PROBATION SUPER. SECURITY OFFICER ADMIN SVC COORD TRANS WKFORCE SPEC LONGEVITY 32,592 33,472 56,186 63,247 50,231 0 0 15,285 15,285 35,633 40,586 0 17,745 250 16,151 16,151 35,663 40,612 0 17,817 275 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16,151 16,151 35,663 40,612 0 17,817 275 0 0 0 0 0 0 0 16,151 16,151 35,663 40,612 0 17,817 275 Total 52206 52210 Tota I 54303 54319 54330 54332 PERSONAL SERVICES 169,665 COMPUTER EQUIPMENT OFFICE EQUIPMENT EQUIPMENT OFFICE SUPPLIES PROGRAM SUPPLIES PRINTING BOOKS 267 0 267 1,393 1,122 0 239 94,214 0 0 0 1,800 1,500 0 1,400 94,367 0 0 0 1,800 1,500 0 874 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 94,367 0 0 0 1,800 1,500 0 874 0 0 0 0 0 0 0 0 94,367 0 0 0 1,800 1,500 0 874 Total SUPPLIES 54400 PROGRAM EXPENSE 54412 TRAVEL/TRAINING 54414 LOCAL MILEAGE 54425 SERVICE CONTRACTS 54442 PROFESSIONAL SERVICES 54452 POSTAGE 54472 TELEPHONE 54618 INTERDEPARTMENTAL CHARGE 2,753 0 271 0 932 12,450 18 920 0 4,700 369 500 0 1,500 24,660 100 1,500 0 4,174 300 500 0 1,500 24,660 200 1,300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,174 300 500 0 1,500 24,660 200 1,300 0 0 0 0 0 0 0 0 0 0 4,174 300 500 0 1,500 24,660 200 1,300 0 Tota I AdoptedFundV3.rp CONTRACTUAL 14,591 28,629 28,460 0 0 28,460 0 28,460 Fund A: GENERAL FUND NYS Unit: 3160 - ATI INITIATIVES 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 11/16/2011 2010 2011 2012 2012 2012 2012 2012 2012 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 58800 FRINGES 66,790 48,426 53,318 0 0 53,318 0 53,318 Total EMPLOYEE BENEFITS Total Appropriations 66,790 48,426 53,318 0 0 53,318 0 53,318 254,066 175,969 180,319 0 0 180,319 0 180,319 Total Appropriations 254,066 175,969 180,319 0 0 180,319 0 180,319 Total Revenues 33,472 15,285 16,151 0 0 16,151 0 16,151 Total County Cost 220,594 160,684 164,168 0 0 164,168 0 164,168 AdoptedFundV3.rp Fund A: GENERAL FUND NYS Unit: 3410 - FIRE & DISASTER COORD. 41110 SALES TAX 3% 2010 Actual 180,000 2012 Budget Combined Work Sheet NYS Unit Totals By Fund 2011 Modified Budget 180,000 2012 Dept Base 180,000 2012 Dept New 0 2012 Recomm New 0 2012 Recomm Total 180,000 2012 Adopted New 0 11/16/2011 2012 Adopted Total 180,000 Total 42665 Total NON PROPERTY TAXES SALE OF EQUIPMENT SALE OF PROPERTY/COMPEN 180,000 0 180,000 6,500 180,000 0 0 0 0 0 180,000 0 0 0 180,000 0 42701 REFUND OF PRIOR YR EXPENS 0 602 6,500 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 43389 MISCELL LOCAL SOURCES OTHER PUBLIC SAFETY 602 0 0 230,500 0 10,000 0 0 0 0 0 10,000 0 0 0 10,000 Total 44389 STATE AID OTHER PUBLIC SAFETY AID 0 0 230,500 0 10,000 0 0 0 0 0 10,000 0 0 0 10,000 0 Total Total Revenues 51000169 51000173 51000180 51000188 51000535 51000551 51000674 51000792 51000794 51000797 51200551 51200794 51200797 51300551 51300794 51300797 51400 51600 51700 Total AdoptedFundV3.rp FEDERAL AID ASST F&E MGT DIR COM CENTER MGR ASST EMS DIR