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HomeMy WebLinkAbout2012 Journal of Proceedings2012 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 2012, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature TOMPKINS COUNTY LEGISLATURE Left to right - standing Leslyn McBean-Clairborne, District No. 2, City of Ithaca; James Dennis, District No. 15, Town of Ulysses, Village of Trumansburg, Town of Enfield (Northern part); Pamela Mackesey, District No. 1, City of Ithaca, part of Town of Ithaca; Na than Shinagawa, Distri ct No. 4, City of Ithaca; Pat Pryor, District No. 6, Town of Lansing, portion of Village of L ansing; Dooley Kiefer, District No. 10, Villages of Lansing and Cayuga Hei ghts, Northeast Town of Ithaca; Br ian Robison, District No. 9, Town of Groton, NW Town of Dryden, SE Town o f L ansing; Martha Robertson, District No. 13, Town of Dryden (Western part); Michael E. Lane, District No. 14, Town of Dryden (Eastern part), Villages of Dryden and Freeville; Carol Chock, District No. 3, City of Ithaca, part of Town of Ithaca; Peter C. Stein, Di strict No. 11, Town of Ithaca (Easter n part); David McKenna, District N o. 8, To wn of Newfield, Town of Enf ield (Southern part); Will Burbank, Di strict No. 12, Town of Ithaca (Western part); Frank P. Proto, District No. 7, Towns of Caroline and Danby, portion of Town of Ithaca. Absent: Kathy Luz Herrera, District No. 5, City of Ithaca, portions of Town of Ithaca and Village of Cayuga Heights; Michael Left to right - seated David Squires Finance Director; Karen Fuller, Deputy Clerk of the Legislature; Catherine Covert, Clerk of the Legislature; Joe Mareane, County Administrator; Jonathan Wood, County Attorney 2012 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES February 16, 2012 Budget, Capital and Personnel - Dennis (Chair), Shinagawa (Vice Chair), Robison, Lane, Herrera 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 — Kiefer (Chair), Mackesey (Vice Chair), Pryor, Lane, Stein Tompkins County Legislature Administration Department Organizational Development Risk management/contract performance Public Information Information Technology Services Department — Strategic Plan development (Shared services) 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), Herrera (Vice Chair), Burbank, Dennis, 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, & Environmental Quality — Burbank (Chair), Mackesey (Vice Chair), Pryor, Proto, Herrera Planning Department 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 (TC3) (Shared services) Tompkins County Area Development (ED Collaborative) (Shared services) 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), Stein, McBean-Clairborne, McKenna Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Weights and Measures Utilities Public Safety - Stein (Chair), Robison (Vice Chair), Dennis, McBean-Clairborne, McKenna Public Safety Building 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 Committees Capital Plan Review - Lane (Chair), Robertson (Vice Chair), Kiefer, Proto, Chock Broadband: Pryor (Chair), McKenna (Vice Chair) 2 January 3, 2012 Regular Meeting Call to Order Mrs. Covert, Clerk of the Legislature, called the organizational meeting of the Tompkins County Legislature to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Legislators Herrera and Kiefer arrived at 5:34 p.m.). Excused 1 (Legislator Chock): 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 Ave., 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 by members present, to close nominations. A voice vote resulted as follows for Temporary Chair: Ayes - 12, Noes — 0, Excused — 1 (Legislator Chock), Absent — 2 (Legislators Herrera and Kiefer). MOTION CARRIED. Mr. Proto took the chair as Temporary Chairman. Ms. Herrera and Ms. Kiefer arrived at this time. Election of Chair of the Legislature Mr. Proto opened nominations for Chair of the Legislature for 2012. It was MOVED by Ms. Pryor, seconded by Mr. Shinagawa, to nominate Ms. Robertson as Chair of the Legislature for 2012. It was MOVED by Ms. Mackesey, seconded by Mr. McKenna, to nominate Michael Lane as Chair of the Legislature for 2012. It was MOVED by Mr. Dennis, seconded by Mr. Stein, and unanimously adopted by show of hands by members present, to close nominations for Chair of the Legislature. 3 January 3, 2012 Mr. Proto requested the vote for 2012 Chair of the Legislature be taken. A vote by a show of hands resulted as follows: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). Mr. Wood stated that under the Rules that with the tie vote, the Legislature should keep voting until someone is elected or nominations are reopened. Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). It was MOVED by Ms. Kiefer, seconded by Mr. Dennis, to lay the motion to elect the Chair of the Legislature on the table until the completion of the other business on the agenda: A vote by show of hands resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Chock). MOTION TO LAY ON THE TABLE CARRIED. Report from a Municipal Official(s) Herbert Engman, Town of Ithaca Supervisor, said he looks forward to working closely with the County again in 2012 including the mutual work on the Tompkins County Council of Governments and the Recreation Partnership. He reported on some of the new initiatives for 2012 such as the Climate Showcase Communities will be in the Town of Ithaca and will be working closely with the Planning Department on this. The Town will also be working with the Planning Department with regard to the Emerson property if the grant is received. Another area that is being considered in collaboration with the Planning Department is a centralized district cooling and heating system on West Hill near Cayuga Medical Center. In response to Ms. Kiefer's question about the Comprehensive Plan, Mr. Engman said he had hoped it would be done in 2011; he is sure it will be put out to the public in 2012. The Town is considering some major zoning changes and have added two sections to the plan: sustainability and economic development. In response to Mr. Lane's question about a TV cable consortium, Mr. Engman said the Tompkins County Council of Governments is working on the potential for a joint approach to Time Warner Cable to negotiate contracts. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled: Ratification of the Bargaining Agreement Between the Corrections Officers Union, Local 2062, and Tompkins County. Approval of Resolution(s) Under the Consent Agenda MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda. 4 January 3, 2012 Resolution 2012-1: Establishing 2012 Meeting Dates (DOC ID: 2973) MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Government Operations Committee, That the 2012 regular meetings of the Tompkins County Legislature are as follows: Tuesday, January 17, 2012 at 5:30 p.m. Tuesday, February 7, 2012 at 5:30 p.m. Tuesday, February 21, 2012 at 5:30 p.m. Tuesday, March 6, 2012 at 5:30 p.m. Tuesday, March 20, 2012 at 5:30 p.m. Tuesday, April 3, 2012 at 5:30 p.m. Tuesday, April 17, 2012 at 5:30 p.m. Tuesday, May 1, 2012 at 5:30 p.m. Tuesday, May 15, 2012 at 5:30 p.m. Tuesday, June 5, 2012 at 5:30 p.m. Tuesday, June 19, 2012 at 5:30 p.m. Tuesday, July 3, 2012 at 5:30 p.m. Tuesday, July 17, 2012 at 5:30 p.m. Tuesday, August 7, 2012 at 5:30 p.m. Tuesday, August 21, 2012 at 5:30 p.m. Tuesday, September 4, 2012 at 5:30 p.m. Tuesday, September 18, 2012 at 5:30 p.m. Tuesday, October 2, 2012 at 5:30 p.m. Tuesday, October 16, 2012 at 5:30 p.m. Wednesday, November 7, 2012 at 5:30 p.m. (November 6th is Election Day) Tuesday, November 20, 2012 at 5:30 p.m. Tuesday, December 4, 2012 at 5:30 p.m. Tuesday, December 18, 2012 at 5:30 p.m. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment under the Consent Agenda. Advisory Board on Indigent Representation William E. Furniss, Jr. - term expires December 31, 2014 Government Operations Committee Resolution 2012-2: Delegation of Authority to Authorize Certain Tax Refunds and Credits of $2,500 and Under (DOC ID: 3053) MOVED by Mr. Lane, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. 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 5 January 3, 2012 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 be 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 a 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 Paragraphs 9 and 10 of Section 556 of the Real Property Tax Law, RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins County Legislature pursuant to Paragraphs 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law, except for refunds amounting to over $2,500 as a result of Real Property Tax Law Article 7 litigation ordered by the New York State Supreme Court, RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the corrections and refunds processed, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2012. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-3: Ratification of the Bargaining Agreement Between the Corrections Officers Union, Local 2062, and Tompkins County (DOC ID: 3067) MOVED by Mr. Dennis, seconded by Mr. Shinagawa. Following a brief discussion, Ms. Kiefer requested since the suggestion to include an explanatory note was not acceptable that the record reflect the following details as follows: 2011 and 2012 — zero percent salary increases 2012 — new longevity based salary schedule, a retirement incentive, and an increased drug co -pays resulting in an estimated overall package increase approaching two percent A roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, the County contract with Corrections Officers Unit Local 2062 expired on December 31, 2009, and WHEREAS, good -faith negotiations between Tompkins County and the Corrections Officers have been ongoing, constrained by stasis in the down -spiraling economy, and WHEREAS, those negotiations have resulted in a three-year agreement that provides wage and benefit stability in 2010 and 2011, higher employee prescription drug co -payments beginning in 2012, and structural changes in the 2012 salary schedule that couples lower starting salaries with higher salaries for longer -serving employees, now therefore be it RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Corrections Officers Unit, Local 2062, for the years 2010, 2011, and 2012 is hereby ratified. SEQR ACTION: TYPE II -20 Approval of Minutes * * * * * * * * * * 6 January 3, 2012 It was MOVED by Mr. Dennis, seconded by Ms. Robertson, to approve the minutes of the December 20, 2011, meeting as submitted. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Chock). MINUTES APPROVED. Recess Mr. Proto declared recess at 7:30 p.m. The meeting reconvened at 7:39 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Kiefer, to hold an executive session to discuss labor negotiations and potential litigation. A voice vote resulted as follows: Ayes — 6 (Legislators Burbank, Dennis, Kiefer, McBean-Clairborne, Proto, and Robertson); Noes — 8 (Legislators Herrera, Lane, Mackesey, McKenna, Pryor, Robison, Shinagawa, and Stein); Excused — 1 (Legislator Chock). MOTION FAILED. Following discussion, it was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis, to hold an executive session to discuss negotiations and possible litigation. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Herrera, Lane, McKenna, and Stein); Excused — 1 (Legislator Chock). MOTION CARRIED. An executive session was held at 7:50 p.m. and returned to open session at 8:21 p.m. Recess Mr. Proto declared recess at 8:21 p.m. The meeting reconvened at 8:25 p.m. Election of Chair of the Legislature It was MOVED by Ms. Mackesey, seconded by Mr. McKenna, to lift from the Table the motion to vote on the Chair of the Legislature for 2012. A vote by show of hands resulted as follows: Ayes — 9 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, and Stein); Noes — 5 (Legislators Burbank, Dennis, Kiefer, Robertson, and Shinagawa); Excused — 1 (Legislator Chock). MOTION CARRIED. No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). It was MOVED by Mr. Dennis, seconded by Mr. Burbank, to adjourn the meeting until the next regularly scheduled meeting of the Legislature. A vote by show of hands resulted as follows: Ayes — 5 (Legislators Burbank, Dennis, Kiefer, Robertson, and Shinagawa); Noes — 9 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, and Stein); Excused — 1 (Legislator Chock). MOTION FAILED. No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, January 3, 2012 and Robison). No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, to adjourn the meeting until the next regularly scheduled meeting of the Legislature. A vote by show of hands resulted as follows: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, McBean-Clairborne, Pryor, Robertson, and Shinagawa); Noes — 7 (Legislators Herrera, Lane, Mackesey, McKenna, Proto, Robison, and Stein); Excused — 1 (Legislator Chock). MOTION FAILED. No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, to adjourn the meeting until the next regularly scheduled meeting of the Legislature. A vote by show of hands resulted as follows: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, McBean-Clairborne, Pryor, Robertson, and Shinagawa); Noes — 7 (Legislators Herrera, Lane, Mackesey, McKenna, Proto, Robison, and Stein); Excused — 1 (Legislator Chock). MOTION FAILED. It was MOVED by Ms. Herrera, to reopen nominations for Chair of the Legislature for 2012. MOTION FAILED DUE TO LACK OF A SECOND. No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). No other motions were made and a revote was taken as follows by a show of hands: Martha Robertson: Ayes — 7 (Legislators Burbank, Dennis, Kiefer, Pryor, Robertson, Shinagawa, and Stein). 8 January 3, 2012 Michael Lane: Ayes — 7 (Legislators Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, and Robison). It was MOVED by Mr. Stein, seconded by Ms. Pryor, to adjourn the meeting until the next regularly scheduled meeting of the Legislature. A vote by show of hands resulted as follows: Ayes — 9 (Legislators Burbank, Dennis, Kiefer, McBean-Clairborne, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes — 5 (Legislators Herrera, Lane, Mackesey, McKenna, and Proto); Excused — 1 (Legislator Chock). MOTION TO ADJOURN CARRIED. Ad* ournment The meeting adjourned at 8:47 p.m. 9 January 17, 2012 Regular Meeting Call to Order Mr. Proto, Temporary Chair, called the adjourned 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 Attendee Name Title Status Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present (excused at 8:32 p.m.) Present David McKenna Member Frank Proto Member Present Pat Pryor Member Present Martha Robertson Member Present Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present Distinguished Youth Award Mr. Burbank, District No. 12 Legislator, presented Ian Sloan, a senior at the Lehman Alternative Community School, with the December 2011 Distinguished Youth Award. Election of Chair of the Legislature A vote by show of hands for Chair of the Legislature resulted as follows: Ms. Robertson - 9 (Legislators Burbank, Chock, Dennis, Kiefer, Pryor, Robertson, Robison, Shinagawa, and Stein); Mr. Lane - 5 (Legislators Lane, Mackesey, McBean-Clairborne, McKenna, and Proto). Ms. Robertson was elected Chair of the Legislature for 2012. Election of Vice Chair of the Legislature Mr. Shinagawa nominated Mr. Dennis as Vice Chair, seconded by Mr. Stein. Ms. Kiefer nominated Mr. Burbank as Vice Chair of the Legislature, seconded by Ms. Chock. Ms. Pryor nominated Mr. Stein as Vice Chair of the Legislature, seconded by Mr. Dennis. Mr. Robison nominated Mr. Proto, seconded by Mr. McKenna, for Vice Chair of the Legislature. Mrs. McBean-Clairborne, nominated Ms. Herrera for Vice Chair of the Legislature, seconded by 10 January 17, 2012 Ms. Mackesey. MOVED by Ms. Pryor, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to close nominations for Vice Chair of the Legislature. A vote by show of hands on each of the nominations resulted as follows: Mr. Dennis: Ayes - 2 (Legislators Dennis and Shinagawa); Mr. Burbank: Ayes - 4 (Legislators Burbank, Chock, Kiefer, and Robertson); Mr. Stein: Ayes - 2 (Legislators Pryor and Stein); Mr. Proto: Ayes - 5 (Legislators Lane, Mackesey, McKenna, Proto, and Robison); Ms. Herrera: Ayes - 1 (Legislator McBean-Clairborne) MOVED by Mr. Lane, seconded by Mr. Dennis, to Postpone the election of Vice Chair of the Legislature to February 7, 2012. A voice vote on the motion to Postpone to February 7, 2012, resulted as follows: Ayes -12, Noes - 2 (Legislators Chock and McKenna); Excused — 1 (Legislator Herrera). MOTION TO POSTPONE CARRIED. It was MOVED by Ms. Pryor, seconded by Mr. Burbank, to adjourn the January 3, 2012, meeting and to proceed with calling the January 17, 2012 meeting to order. Call to Order - January 17, 2012, Meeting Ms. Robertson, Chair, called the meeting to order at 6:45 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused - 1 (Legislator Herrera). Recess Ms. Robertson declared recess from 7:45 p.m. to 7:57 p.m. Resolutions and Appointment(s) Added to and Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. An appointment to the Advisory Board on Indigent Representation was withdrawn from the agenda. Approval of Resolutions Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2012-4: Acceptance of Grant from the Cleaner, Greener Communities Program of the New York State Energy Research and Development Authority (NYSERDA) for the Preparation of a Southern Tier Regional Sustainability Plan (DOC ID: 3070) 11 January 17, 2012 MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by members present, under the Consent Agenda. WHEREAS, Tompkins County was the applicant to the New York State Energy Research and Development Authority (NYSERDA) Cleaner, Greener Communities grant program for the purpose of preparing a Southern Tier Regional Sustainability Plan, and WHEREAS, the County has been awarded grant funds from NYSERDA for this purpose, and WHEREAS, the Department of Planning is prepared to work jointly with the Southern Central Regional Planning and Development Board, the Southern Tier East Regional Planning and Development Board, and other contractors to complete this project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts Cleaner, Greener Community Grant funds in the amount of $1,000,000, RESOLVED, further, That contracts for planning and related services be authorized with ICF Incorporated of Arlington, Virginia, the Southern Tier Central Regional Planning and Development Board, and the Southern Tier East Regional Planning and Development Board, pending approval of NYSERDA, RESOLVED, further, That the Chief Elected Official be authorized to execute the New York State following adjustments be made to the 2012 Budget: Revenues 8020.43959 State Aid Planning $ 79,500 TOTAL REVENUES $ 79,500 Expenditures 8020.51000 Salaries $ 50,800 8020.58800 Fringe $ 28,700 Revenues 8027.43959 Expenditures 8027.54400 8027.54444 TOTAL EXPENDITURES $ 79,500 State Aid Planning TOTAL REVENUES Program Expenses Professional Services $ 920,500 $ 920,500 $ 15,000 $ 905,500 TOTAL EXPENDITURES $ 920,500 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 2012-5: Acceptance of New York State Office of Housing and Community Renewal Community Development Block Grant - Healthy Homes Rehabilitation Program (DOC ID: 3076) MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. 12 January 17, 2012 WHEREAS, Tompkins County has been awarded New York State Office of Housing and Community Renewal Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) administered by New York State for the Healthy Homes Rehabilitation Program for the purpose of promoting and maintaining affordable housing in Tompkins County by providing funds to offset costly and necessary improvements to improve energy efficiency, water wells, and on-site sewage systems, and WHEREAS, these funds will improve twenty-three units of housing in Tompkins County for low -moderate income households, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts New York State Office of Housing and Community Renewal CDBG funds in the amount of $400,000, RESOLVED, further, That the Chair of the Tompkins County Legislature be authorized to execute the New York State contract, and the County Administrator or his designee be authorized to execute any other documents related to this project. SEQR ACTION: TYPE II -2 ************** Resolution 2012-6: Authorizing the Department of Social Services to Contract with Child Development Council for the Teen/Parenting Program (DOC ID: 3096) MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County Department of Social Services is mandated to refer pregnant and parenting teens to screening and case management services, and WHEREAS, for three decades the Tompkins County Day Care and Child Development Council has provided those services to that population through its Teen Pregnancy/Parenting Program (TP3), and WHEREAS, in addition to the Depaitment of Social Services, the County's Youth Services and Health Departments have relied on TP3 to ensure that pregnant and parenting teens have access to pre- natal care, well -baby visits, baby supplies, child development education, financial assistance, housing supports, mental health services, and substance -abuse treatment, and WHEREAS, New York State has discontinued making direct payments to all such programs as Medicaid Providers, and WHEREAS, the Department of Social Services has determined that the most cost-effective way to satisfy its mandate is to support TP3 through its administrative budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to enter into a contract to pay the Day Care and Child Development Council $53,000 for screening and case management services through TP3 for calendar 2012, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services 2012 budget: Appropriation: A6010.54000 Program Expense $53,000 Revenue: A6010.44601 Federal: Medicaid $26,500 A6010.43601 NYS: Medicaid $26,500 SEQR ACTION: TYPE I1-20 ************** Resolution 2012-7: Budget Adjustments - Department of Social Services (DOC ID: 3109) MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote members present, under the Consent Agenda. 13 January 17, 2012 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) 6010.43610 NYS: Social Services $ 13,756 6010.51000 Salary 6010.43610 NYS: Social Services $ 6,065 6010.58800 Fringes 6010.43610 NYS: Social Services $268,713 6010.54000 Program Explanation: Last year's Resolution #2011-158 authorized the Department of Social Services to accept State grant funding for a "Solutions to End Homelessness Program" (STEHP) to be administered mainly through contracts with other human services agencies, with a small DSS staff component (30% of one Social Welfare Examiner). That resolution included an adjustment to the Department's 2011 budget. We are now requesting an adjustment to our 2012 budget to reflect this program's existence. Social Services Revenue Acct Title Amt Approp Acct Title(s) 6070.44609 NYS: Detention $40,000 6070.54400 Program Explanation: Last year's Resolution #2011-159 authorized the Department of Social Services to accept 100% State funding for a "Supervision and Treatment Services to Juveniles Program" (STSJP) to be administered through contracts with other human services agencies. That resolution included an adjustment to the Department's 2011 budget. We are now requesting an adjustment to our 2012 budget to reflect this program's existence. SEQR ACTION: TYPE I1-20 ************** Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Martha Ferger - Village of Dryden representative - term expires December 31, 2013 Mrs. McBean-Clairborne was excused at 8:32 p.m. Planning, Development, and Environmental Quality Committee Resolution 2012-8: Award of Tourism Partner Award (DOC ID: 3071) MOVED by Mr. Burbank, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Tourism Program owes its success to the alliance of tourism partners and supporters, and WHEREAS, the Strategic Tourism Planning Board (STPB) and Planning, Development, and Environmental Committee (PDEQ) wish to recognize individuals, organizations, and associations who through their actions or activities have made an impact on the local economy by attracting conventioneers and visitors to Tompkins County, and WHEREAS, STPB and PDEQ established a tourism recognition award program in 2006, and 14 January 17, 2012 WHEREAS, from March 30 to April 2, 2011, the National Conference on Undergraduate Research (NCUR) Executive Committee of Ithaca College, after planning and securing arrangements, attracted the 2011 NCUR to the community that resulted in well over 400 hotel room nights, as well as thousands of dollars spent in shops, restaurants, and other businesses, and WHEREAS, over two November weekends each year including November 6-7 and 12-13, 2011, Mark Wenham, after planning and securing arrangements, attracted hundreds of lacrosse players and their coaches and families to the community for the Turkey Shoot Lacrosse Tournament that resulted in more than 400 hotel room nights, as well as thousands of dollars spent in shops, restaurants, and other businesses, now therefore be it RESOLVED, on recommendation of the Planning, Development, Environmental Quality Committee, That the NCUR Executive Committee, Ithaca College, and Turkey Shoot are each awarded a Tourism Partner Award, RESOLVED, further, That the County Legislature thanks the NCUR Executive Committee, Ithaca College, and Mark Wenham for positively impacting the local economy. SEQR ACTION: TYPE I1-20 ************** Minutes of Previous Meeting MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of the January 3, 2012, meeting as submitted. MINUTES APPROVED. Ad' ournment On motion the meeting adjourned at 9:02 p.m. 15 February 7, 2012 Regular Meeting Call to Order Mr. Robertson, Chair, called the meeting to order at 5:34 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: 15 Legislators. Ms. Chock arrived at 5:46 p.m. and was excused at 7:23 p.m. Reading from Poet Laureate, Gail Holst-Warhaft Ms. Holst-Warhaft read a poem from the anthology, entitled "Refusal", written by a Liberian immigrant and her own poem entitled "Compromise". Presentation of Strategic Tourism Partner Award Ms. Mackesey, Chair of the Planning, Development, and Environmental Quality Committee, presented a Strategic Tourism Partner Award to Anthony Hopson, Assistant Vice President for Community and Government Relations, on behalf of the National Conference on Undergraduate Research Executive Committee for their 2011 National Conference held in November, and to Mark Wenham for his arranging the Turkey Shoot LaCrosse Tournament and hosting the event last spring. Ms. Chock arrived at this time. Privilege of the Floor for Municipal Officials Herb Engman, Town of Ithaca Supervisor, spoke of the Town's concern regarding the 2013 Town Budget due to the lack of mandate relief, commercial developments for 2012, and support of the resolution on the agenda supporting the Ithaca -Tompkins County Transportation Council. Election of Vice Chair of the Legislature It was MOVED by Mr. Burbank, seconded by Mr. Stein, to lift from the Table the election of Vice Chair of the Legislature. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Kiefer). MOTION ADOPTED. At this time the individuals nominated for Vice Chair are: Mr. Dennis, Mr. Burbank, Mr. Stein, Mr. Proto, and Ms. Herrera. It was MOVED by Mr. Lane, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to reopen nominations for Vice Chair of the Legislature. It was MOVED by Mr. Lane to nominate Ms. Mackesey, seconded by Ms. Kiefer, as Vice Chair of the Legislature. It was MOVED by Mr. Burbank to nominate Mr. Shinagawa, seconded by Ms. Pryor, as Vice Chair of the Legislature. Mr. Burbank, Mr. Dennis, and Mr. Stein formally withdrew their nomination for Vice Chair of 16 February 7, 2012 the Legislature. Ms. Robertson announced Legislators who have been nominated for Vice Chair of the Legislature are: Mr. Proto, Ms. Herrera, Ms. Mackesey, and Mr. Shinagawa. It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Robison and unanimously adopted by voice vote, to close nominations for Vice Chair of the Legislature. A vote by show of hands on each of the nominations resulted as follows: Frank Proto: Ayes — 3 (Legislators McKenna, Proto, and Robison) Kathy Luz Herrera: Ayes — 2 (Legislators Herrera and McBean-Clairborne) Pam Mackesey: Ayes — 3 (Legislators Kiefer, Lane, and Mackesey) Nathan Shinagawa: Ayes — 7 (Legislators Burbank, Chock, Dennis, Pryor, Robertson, Shinagawa, and Stein) A second vote by show of hands on each of the nominations resulted as follows: Frank Proto: Ayes — 3 (Legislators McKenna, Proto, and Robison) Kathy Luz Herrera: Ayes — 2 (Legislators Herrera and McBean-Clairborne) Pam Mackesey: Ayes — 3 (Legislators Kiefer, Lane, and Mackesey) Nathan Shinagawa: Ayes — 7 (Legislators Burbank, Chock, Dennis, Pryor, Robertson, Shinagawa, and Stein) A third vote by show of hands on each of the nominations resulted as follows: Frank Proto: Ayes — 3 (Legislators McKenna, Proto, and Robison) Kathy Luz Herrera: Ayes — 2 (Legislators Herrera and McBean-Clairborne) Pam Mackesey: Ayes — 3 (Legislators Kiefer, Lane, and Mackesey) Nathan Shinagawa: Ayes — 7 (Legislators Burbank, Chock, Dennis, Pryor, Robertson, Shinagawa, and Stein) It was MOVED by Mr. Proto, seconded by Ms. Herrera, to Table the election of Vice Chair of the Legislature until the last order of business. A voice vote on the motion to Table the election of Vice Chair of the Legislature resulted as follows: Ayes — 6 (Legislators Herrera, Kiefer, Lane, Mackesey, Proto, and Robison); Noes — 9 (Legislators Burbank, Chock, Dennis, McBean-Clairborne, McKenna, Pryor, Robertson, Shinagawa, and Stein). MOTION TO TABLE FAILED. It was MOVED by Mr. Burbank, seconded by Mr. Stein, to Table the election of Vice Chair of the Legislature until after Privilege of the Floor and Chair's Report. A voice vote on the motion to Table resulted as follows: Ayes — 7 (Legislators Burbank, Chock, Herrera, Kiefer, McKenna, Proto, and Robertson); Noes — 8 (Legislators Dennis, Lane, Mackesey, McBean-Clairborne, Pryor, Robison, Shinagawa, and Stein). MOTION TO TABLE FAILED. A fourth vote by show of hands on each of the nominations resulted as follows: Frank Proto: Ayes — 3 (Legislators McKenna, Proto, and Robison) Kathy Luz Herrera: Ayes — 2 (Legislators Herrera and McBean-Clairborne) Pam Mackesey: Ayes — 3 (Legislators Kiefer, Lane, and Mackesey) Nathan Shinagawa: Ayes — 7 (Legislators Burbank, Chock, Dennis, Pryor, Robertson, Shinagawa, and Stein) It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to Table the election of Vice Chair of the Legislature until after Privilege of the Floor by Legislators. A voice vote on the motion resulted as follows: Ayes — 11 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, and Shinagawa); Noes — 4 — (Legislators Lane, Mackesey, Robison, and Stein). MOTION TO TABLE CARRIED. 17 February 7, 2012 Election of Vice Chair of the Legislature It was MOVED by Ms. Chock, seconded by Mr. Stein, and unanimously adopted by voice vote, to lift from the Table the election of Vice Chair of the Legislature. MOTION ADOPTED. Mr. Proto formally withdrew his nomination for Vice Chair of the Legislature. A fifth vote by show of hands on each of the nominations for Vice Chair resulted as follows: Kathy Luz Herrera: Ayes — 2 (Legislators Herrera and McBean-Clairborne) Pam Mackesey: Ayes — 5 (Legislators Kiefer, Lane, McKenna, Mackesey, and Proto) Nathan Shinagawa: Ayes — 8 (Legislators Burbank, Chock, Dennis, Pryor, Robertson, Robison, Shinagawa, and Stein) Chair Robertson declared Mr. Shinagawa Vice Chair. Ms. Chock was excused at this time. Chair's Appointments Ms. Robertson announced the following 2012 Standing and Special Committee assignments: STANDING COMMITTEES Budget, Capital, and Personnel — Jim Dennis (Chair), Nathan Shinagawa (Vice Chair), Brian Robison, Mike Lane, and Kathy Luz Herrera Government Operations — Dooley Kiefer (Chair), Pam Mackesey (Vice Chair), Pat Pryor, Mike Lane, and Peter Stein Health and Human Services — Frank Proto (Chair), Kathy Luz Herrera (Vice Chair), Will Burbank, Jim Dennis, Nathan Shinagawa Planning, Development, & Environmental Quality — Will Burbank (Chair), Pam Mackesey (Vice Chair), Pat Pryor, Frank Proto, Kathy Luz Herrera Facilities and Infrastructure — Carol Chock (Chair), Dooley Kiefer (Vice Chair), Peter Stein, Leslyn McBean-Clairborne, Dave McKenna Public Safety — Peter Stein (Chair), Brian Robison (Vice Chair), Jim Dennis, Leslyn McBean-Clairborne, Dave McKenna SPECIAL COMMITTEES Capital Plan Review — Mike Lane (Chair), Martha Robertson (Vice Chair), Dooley Kiefer, Frank Proto, Carol Chock Broadband — Pat Pryor (Chair), Dave McKenna (Vice Chair) Ms. Robertson made the following Chair's appointments: Tompkins County Area Development Board of Directors Will Burbank 18 February 7, 2012 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 Representative to TCCOG Gas Drilling Task Force Carol Chock Workforce Investment Board - Three-year term expiring June 30 Peter Stein through 6/30/12 Ithaca Metropolitan Planning Organization (ITCTC Policy Committee) Dooley Kiefer Carol Chock, Alternate representative Cornell Vet School Incinerator Project Dooley Kiefer, Delegate Beverly Livesay, Alternate Municipal Electric and Gas Alliance Michael Stamm Barbara Blanchard Stuart Stein Civil War Commemoration Commission - Commission appointed 10/21/08 through May 2015. Kathy Luz Herrera Mike Lane Frank Proto Special Negotiating Committee 19 February 7, 2012 Appointed and affirmed January 2011: Jim Dennis Brian Robison Anita Fitzpatrick Joe Mareane Report from the County Administrator For the record, Ms. Kiefer asked that Mr. Mareane's statements regarding the Management Agreement be included in the minutes as follows: Mr. Mareane called attention to the resolution on the agenda entitled "Establishing Salaries for Positions Designated as Management and Authorizing Transfer of Funds for Salary Adjustments (ID #3135), and explained that the labor force since 2009 has been reduced 9 percent, and that there is currently 75 percent of the remaining workforce under contract. The resolution provides management the same package offered to White Collar and Confidential employees. Mr. Mareane said the agreement shows respect for staff that are working more with less, it also shows employee appreciation of the circumstances the County faces. The agreement is that staff for the years 2010 and 2011 do not receive a pay increase, a one-time payment of $1,250 that is not added to base salary in 2012, with a 2 percent/year increase for the years 2013 and 2014. Over the course of the contract the co -pays required under the County Health Insurance for prescriptions would also increase. Recess Ms. Robertson declared recess at 7:45 p.m. The meeting reconvened at 7:57 p.m. Approval of Resolutions Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Prato, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: Resolution 2012-9: Adoption of List of Designated Officers and Employees Required to File an Annual Financial Disclosure Form (DOC ID: 3111) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, State Law requires employees "who hold policy-making positions, as annually determined by" the County to fill out financial disclosure forms, and WHEREAS, pursuant to Local Law No. 2 of 1997 and Administrative Manual Policy 01-29, Standards of Conduct, "key employees" shall be determined by separate resolution of the Tompkins County Legislature, and WHEREAS, the list of "key employees" required to file the annual financial disclosure form has been updated, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following list of designated officers and employees required to fill out the annual financial disclosure form be adopted: Title Department/Division Contracts Coordinator Administration County Administrator Administration Deputy County Administrator Administration Airport Manager Airport Assistant Airport Manager Airport 20 Director of Assessment Assistant Director of Assessment Valuation Specialists (3) Senior Valuation Specialist (1) Supervising Attorney Program Coordinator Elections Commissioner (2) Deputy Elections Commissioner (2) Director, Office for the Aging Aging Services Specialist (David Stoyell) County Attorney Deputy County Attorney County Clerk Deputy County Clerk District Attorney Deputy District Attorney Director, Emergency Response Communications Center Manager Assistant Director (2) Director of Facilities Assistant Director of Facilities Director of Finance Budget and Finance Manager Public Health Director Public Health Administrator Highway Director Assistant Highway Director Director of Human Rights Director of Information Technology Services Network/Systems Administrator Telecommunications Program Administrator Clerk of the Legislature Chief Deputy Clerk of the Legislature Legislators (15) Commissioner of Mental Health Services Deputy Commissioner of Mental Health Commissioner of Personnel Deputy Commissioner of Personnel Commissioner of Planning Deputy Commissioner of Planning Probation Director II Deputy Director of Probation Public Work Administrator Sheriff Undersheriff Chief Corrections Officer Captain Commissioner of Social Services Director of Services Director of Administrative Services Solid Waste Manager Assistant Solid Waste Manager Director of Weights and Measures Youth Services Director February 7, 2012 Assessment Assessment Assessment Assessment Assigned Counsel Assigned Counsel Board of Elections Board of Elections Office for the Aging Office for the Aging County Attorney County Attorney County Clerk County Clerk District Attorney District Attorney Emergency Response Emergency Response Emergency Response Facilities Facilities Finance Finance Health Health Highway Highway Human Rights Information Technology Services Information Technology Services Information Technology Services Legislature Legislature Legislature Mental Health Mental Health Personnel Personnel Planning Planning Probation and Community Justice Probation and Community Justice Public Works Sheriff Sheriff Sheriff Sheriff Social Services Social Services Social Services Solid Waste Solid Waste Weights and Measures Youth Services 21 February 7, 2012 Administrative Assistant Youth Services SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-10: Acceptance of Snowmobile Trail Grant (DOC ID: 3131) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, 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 2012 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 2012-11: Acceptance of Grant from New York State Homes and Community Renewal for the RESTORE Program (DOC ID: 3136) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging assists low-income seniors to make emergency health and safety-related repairs to their homes, and WHEREAS, home repairs have been identified as a major need for low-income seniors to remain living independently in their homes, and WHEREAS, the Tompkins County Office for the Aging has been awarded a grant from New York State Homes and Community Renewal to fund the RESTORE program in the amount of $75,000, and WHEREAS, the Tompkins County Office for the Aging has expressed a willingness to administer the RESTORE program, and WHEREAS, the duration of the grant will be from December 9, 2011, through December 8, 2012, and WHEREAS, the grant will serve the home repair needs of an estimated thirty-five (35) income eligible senior households who are in emergency situations, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $75,000, RESOLVED, further: That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6779.43803 State Revenue $75,000 APPROPRIATION: A6779.51000049 Salary, Director $ 768 A6779.51000673 Salary, Principal Account Clerk/Typist $ 576 A6779.51000517 Salary, Outreach Worker $ 1,133 A6779.58800 Fringe Benefits $ 1,273 22 February 7, 2012 A6779.54400 Program Expense $71,250 SEQR ACTION: TYPE II -20 * ********* Resolution 2012-12: Authorizing a Five -Year Lease Extension with the Transportation Security Administration (TSA) in Connection with Office and Other Operational Space in the Passenger Terminal - Ithaca Tompkins Regional Airport (DOC ID: 3138) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, by Resolution No. 303 on December 3, 2002, the County Legislature approved a five-year lease agreement with the Transportation Security Administration (TSA) to rent office and other operational space in the airport terminal building, and WHEREAS, by Resolution No. 32 on March 4, 2008, the County Legislature approved an extension to the original lease agreement, extending the lease period until March 11, 2012, and WHEREAS, with the ongoing requirement to have TSA personnel present for passenger and baggage security screening duties, the TSA has requested a five-year extension of said lease agreement, until March 11, 2017, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a five-year extension to the original lease agreement be and hereby is approved and that the County Administrator be and hereby is authorized to execute said five-year lease extension. SEQR ACTION: TYPE II -20 * ********* Resolution 2012-13: Increase in Hours of Administrative Assistant - Solid Waste Management Division (DOC ID: 3144) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Solid Waste Manager intends to assign additional responsibilities to the Administrative Assistant in the areas of accounts payable, performance measurement, additional program support, and scale house duties, and WHEREAS, by increasing hours and assigning additional responsibilities, the necessary work can be completed without hiring additional staff, and WHEREAS, the County Administrator has approved the weekly increase from 35 hours per week ($41,277.60) to 40 hours per week ($47,174.40), now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the standard workweek for the position of Administrative Assistant (987), labor grade L-12, be increased from 35 hours per week to 40 hours per week, effective February 20, 2012, RESOLVED, further, That no additional funding is required. 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 by members present, to approve the following appointment(s) under the Consent Agenda: Community Mental Health Services Board Larry Roberts - Term expires December 31, 2015 Mental Health Subcommittee 23 February 7, 2012 Larry Roberts - Community Mental Health Services Board representative; term expires December 31, 2015 Public Information Advisory Board Larry Roberts - Term expires December 31, 2013 Strategic Tourism Planning Board - terms expire December 31, 2014 Susan Monagan - Arts/Culture representative Susan Stafford - TC3 representative Richard Adie - Lodging representative Rita Rosenberg - Agriculture representative Environmental Management Council Thomas William Halton - Town of Danby; term expires December 31, 2013 Advisory Board on Indigent Representation Jerome Mayersak - term expires December 31, 2014 Emergency Communications Review and Oversight Committee C. Thomas Parsons - Ithaca Fire Department representative; term expires December 31, 2014 ********** Planning, Development, and Environmental Quality Committee Resolution 2012-14: Appointments to Industrial Development Agency (DOC ID: 3127) MOVED by Ms. Mackesey, seconded by Ms. Pryor. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Lane), Excused — 1 (Legislator Chock). 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 Svante Myrick, Mayor, City of Ithaca, be appointed as an at -large member for a two-year term (over the years, this seat has been filled with a municipal official although the seat is at -large), 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. 24 SEQR ACTION: TYPE 11-20 February 7, 2012 * * * * * * * * * * Resolution 2012-15: Resolution Authorizing Temporary Use of Space in the Human Services Annex for Tompkins County Sustainability Center (DOC ID: 3143) MOVED by Ms. Mackesey, seconded by Mr. Proto. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Lane), Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, Tompkins County is committed to striving for sustainability in both the operations of county government and in the broader community, and WHEREAS, collaborations with and among organizations and individuals in the community are essential to the success of these efforts, and WHEREAS, the Tompkins County Sustainability Center is conceived of as a place where all members of the community, as well as visitors, can learn about ongoing efforts toward a more sustainable future and how they can become engaged in those efforts, and WHEREAS, the Sustainability Center's mission also includes providing opportunities for students, particularly from our institutions of higher education, to become engaged in sustainability internships, and volunteer and work study opportunities related to sustainability efforts, and WHEREAS, it is in the interest of Tompkins County to support the development of the Sustainability Center by providing, on a temporary basis, space that will become available in 2012 in the Human Services Annex, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality, and the Facilities and Infrastructure Committees, That approximately 1,800 square feet in the Human Services Annex be made available for use by the Sustainability Center on a temporary basis, RESOLVED, further, That this space be provided as in-kind support for the development of the Sustainability Center with the understanding that the Sustainability Center will bear the costs of staffing, furnishing the space, and providing any telecommunications service that the Center may require, RESOLVED, further, That the use of the space will terminate at such time as any county government department's need for the space is identified and, at a minimum, will be reviewed two years after occupancy, RESOLVED, further, That the County Administrator or his designee is authorized to execute any agreements that may be necessary to allow this use of the space. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-16: Supporting the Continuation of the Ithaca -Tompkins County Transportation Council, Our Local Metropolitan Planning Organization (DOC ID: 3139) MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Ithaca -Tompkins County Transportation Council (ITCTC) has been designated by the Governor of the State of New York as the Metropolitan Planning Organization (MPO) for the Ithaca -Tompkins County Urbanized and its approved Metropolitan Planning Area since 1992, and WHEREAS, for twenty years the Tompkins County MPO has been a forum to bring together New York State, county, town, city, and village governments to mutually decide upon beneficial highway, bridge, and other transportation projects in a highly cooperative manner, and WHEREAS, the ITCTC has promoted and facilitated tremendous collaboration among all the municipalities of Tompkins County, and WHEREAS, over the past decade alone ITCTC has managed the Transportation Improvement Plan that has funded 44 projects in the amount of $48,000,000, and WHEREAS, it has been proposed that MPOs smaller than 200,000 in population be required to justify their status as MPOs or their eligibility would be eliminated, and 25 February 7, 2012 WHEREAS, over half of the MPOs in New York State would be affected, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality, and the Facilities and Infrastructure Committees, That based on our tremendously positive experience with Ithaca -Tompkins County Transportation Council (ITCTC), which is our Metropolitan Planning Organization (MPO), the Tompkins County Legislature hereby strongly recommends that in general municipalities of 50,000 or more population be permitted to retain their MPO status and, in particular, that the ITCTC has more than proven its worth in terms of comprehensive collaboration, coordinated planning, and wise use of funds and its continuation is clearly justified, RESOLVED, further, That our elected Federal representatives and the ITCTC be sent copies of this resolution. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-17: Approval of Amended Bylaws - Tompkins County Workforce Diversity and Inclusion Committee (DOC ID: 3041) MOVED by Mr. Dennis, seconded by Ms. Pryor, to refer the resolution to the Workforce Diversity and Inclusion Committee. A roll call vote resulted as follows: Ayes — 9 (Legislators Burbank, Dennis, Kiefer, McKenna, Proto, Pryor, Robertson, Shinagawa, and Stein); Noes — 4 (Legislators Herrera, Lane, Mackesey, and McBean-Clairbome); Temporarily Out of Room — 1 (Legislator Robison); Excused — 1 (Legislator Chock). MOTION TO REFER TO COMMITTEE CARRIED. WHEREAS, the Tompkins County Workforce Diversity and Inclusion Committee has updated and revised its bylaws to reflect current procedures, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the bylaws of the Tompkins County Workforce Diversity and Inclusion 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 * * * * * * * * * * MOVED by Ms. Herrera, seconded by Mr. Proto, to separate the resolution entitled "Establishing Salaries for Positions Designated as Management and Authorizing Transfer of Funds for Salary Adjustments (DOC ID: 3135)" (See Resolutions 2012-18 (DOC ID: 3135) and 2012-19 (DOC ID: 3163)). A voice vote on the motion to separate resulted as follows: Ayes — 12 (Legislators Burbank, Dennis, Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, and Shinagawa), Noes — 2 (Legislators Pryor and Stein), Excused — 1 (Legislator Chock). MOTION TO SEPARATE CARRIED. Resolution 2012-18: Establishing Salaries for Positions Designated as Management and Authorizing Transfer of Funds for Salary Adjustments (DOC ID: 3135) MOVED by Mr. Dennis, seconded by Ms. Pryor. MOVED by Ms. Mackesey to amend the second WHEREAS and change the word "shall" to "may" as follows: "WHEREAS, the Legislature decided that the Management group may receive the same salary and benefit adjustment as the White Collar employees." MOTION FAILED FOR LACK OF A SECOND. MOVED by Ms. Kiefer, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to amend the language of the second WHEREAS to read "WHEREAS, in recent years 26 February 7, 2012 salaries of management employees have been adjusted in accordance with those of the White Collar Union, and". A roll call vote on the resolution resulted as follows: Ayes — 12, Noes — 2 (Legislators McKenna and Proto), Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, Resolution No. 191 of 2011 established salaries for White Collar employees for 2011 through 2014, and WHEREAS, in recent years salaries of management employees have been adjusted in accordance with those of the White Collar Union, and RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That County Management Employees be provided the same salary and benefit adjustments as the CSEA White Collar Union for 2011 through 2014, RESOLVED, further, That the Director of Finance is authorized to transfer necessary funds from Budget Account 9041.51000 to the various departments to provide for the cost of the cash payment. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-19: Amending Resolution Nos. 86 and 87 of 2010 - Establishing Salaries for the Positions of County Clerk and Sheriff and Authorizing Transfer of Funds for Salary Adjustments (DOC ID: 3163) MOVED by Mr. Dennis, seconded by Ms. Pryor. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, Resolution Nos. 86 and 87 of 2010 established salaries for the positions of County Clerk and Sheriff and authorized that for the years 2012-2014 the percentage salary increase shall be the same as the Management group (if any), and RESOLVED, further, That Resolution No. 86 of 2010 - Establishing Annual Salary for the Position of County Clerk for the Years 2011, 2012, 2013, and 2014 be amended as follows: 2011 - $69,691 2012 - $70,941 (inclusive of $1,250 one-time supplement added to base) 2013 - $71,085 2014 - $72,507 RESOLVED, further, That Resolution No. 87 of 2010 - Establishing Annual Salary for the Position of Sheriff for the Years 2011, 2012, 2013, and 2014 be amended as follows: 2011 - $85,823 2012 - $87,073 (inclusive of $1,250 one-time supplement added to base) 2013 - $87,539 2014 - $89,290 RESOLVED, further, That the Director of Finance is authorized to transfer necessary funds from Budget Account 9041.51000 to the various departments to provide for the cost of the cash payment. SEQR ACTION: TYPE II -20 ********** Resolution 2012-20: Authorizing Transfer of Funds for Salary Adjustments for White Collar and Confidential Employees (DOC ID: 3134) MOVED by Mr. Dennis, seconded by Ms. Pryor. A short roll call vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Proto), Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, Resolution No. 191 of 2011 established salaries for White Collar employees, and WHEREAS, on May 15, 2007, by Resolution No. 77, the Legislature decided that Confidential 27 February 7, 2012 salary adjustments and benefits shall be at the same level as those negotiated by the White Collar bargaining unit, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Director of Finance is authorized to immediately implement pay adjustments for White Collar and Confidential employees reflecting a one-time cash payment effective January 1, 2012, RESOLVED, further, That the Director of Finance is authorized to transfer necessary funds from Budget Account 9041.51000 to the various departments to provide for the cost of the cash payment. SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2012-21: Appropriation from Contingent Fund for Terminal Pay - Tompkins County Mental Health Department (DOC ID: 3091) MOVED by Mr. Proto, seconded by Ms. Herrera. A short roll call on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, during 2011, seven Mental Health employees terminated their employment with Tompkins County, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the department from the Contingent fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.5440 Contingent Fund TO: A4310.51200673 Salary - Principal Account Clerk Pamela Dellow A4310.58800 A4310.000285 A4310 A4311 A4311 A4311 A4311 A4311 A4311 A4335 A4310 A4335 A4310 SEQR ACTIO .58800 .51000712 .58800 .51000599 .58800 .51000599 .58800 .51000562 .58800 .51000562 Fringe Salary - Commissioner Robert De Luca Fringe Salary - Nurse Practitioner Janice Blake Fringe Salary - Psychiatric Social Worker Daniel Kramer Fringe Salary - Psychiatric Social Worker Susan Willis Fringe Salary - Case Worker Suzanne Gaglie Fringe Salary - Case Worker Shannon Tiffany Ruppel .58800 Fringe N: TYPE II -20 * * * * * * * * * * $ 64,642.85 $ 5,516.81 2,835.64 $ 20,190.00 10,377.66 $ 4,574.81 2,351.45 $ 3,464.06 1,780.52 $ 1,974.12 1,014.69 $ 5,971.08 3,069.13 $ 1,005.87 517.01 Resolution 2012-22: Authorization to Increase Hours and Appropriation from Contingent Fund - County Office for the Aging (DOC ID: 3098) 28 February 7, 2012 MOVED by Mr. Proto, seconded by Ms. Kiefer. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused —1 (Legislator Chock). 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 insure against system failure, and WHEREAS, unforeseen circumstances related to the alarm system configuration will necessitate COFA's reprogramming of 504 individual PERS machines through the County, 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 January 1, 2012, through January 31, 2012, 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 $4,735 TO: A6787.51000517 Outreach Worker $2,151 A6787.51000529 Senior Account Clerk/Typist 584 A6787.54414 Local Mileage 1,000 A6787.54425 Service Contracts 1,000 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-23: Appropriation from Contingent Fund — Terminal Pay — Highway Division (DOC ID: 3103) MOVED by Ms. Kiefer, seconded by Mr. Lane. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Chock). RESOLUTION ADOPTED. WHEREAS, in the Highway Division, the Highway Manager, Bill Sczesny, retired effective December 9, 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 $13,660.57 TO: D5010.51000266 County Highway Manager $13,660.57 SEQR ACTION: TYPE 1I-20 ********** Minutes of Previous Meeting MOVED by Mr. Proto, seconded by Mr. Shinagawa to approve the minutes of the January 17, 2012, meeting as submitted. A voice vote on the motion to approve resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Chock). MINUTES APPROVED. 29 February 7, 2012 Adj ournment On motion the meeting adjourned at 9:35 p.m. 30 February 21, 2012 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 Attendee Name Title Member Status Arrived Excused 6:37 PM 9:05 PM Will Burbank Present Carol Chock Member Late James Dennis Member Present Kathy Luz Herrera Member Present 8:15 PM Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present 7:05 PM Leslyn McBean-Clairborne Member Excused David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present Privilege of the Floor by the Public Bernie Hutchins, Hanshaw Road, read and submitted the following statement: "Tompkins County is apparently rapidly approaching the point of attempting to seize property from Citizens on Hanshaw Road through Eminent Domain. We remind the County of its obligation under New York State Eminent Domain Procedures Law, specifically Section 301: "The condemnor, at all stages prior to or subsequent to an acquisition by eminent domain of real property necessary for a proposed public project shall make every reasonable and expeditious effort to justly compensate persons for such real property by negotiation and agreement. "This legislature may well remember that right here, two years ago, the County, or at least its consultant Hite Inc., said that while they call themselves "negotiators", they do NOT negotiate, thus setting the tone. "In attempting to learn more about this contradiction, I emailed twice, and FOILed. I never got an answer. The FOIL was acknowledged by Jaycee on April 5, 2010, but the request, contrary to law, was never filled, nor was it refused. It has been ignored, despite my reminders, for nearly two years. "In this same spirit of stonewalling, we have received offers for parcels of property, but were denied our appraisal reports. The New York State Department of State, Committee on Open Government, had previously written (contrary to what the County Attorney told you), that we DID have the right to the 31 February 21, 2012 factual and statistical information in the reports. These are still withheld. "So - When the County takes our monetary property, IN THE FORM OF PROPERTY TAXES, we know we have the absolute right to see the assessments reports used to value our property. But when taking the property itself, we have no right to find out how it was appraised. How does that make sense? It doesn't. "I understand that your resources are limited. Indeed, in looking at your web page: Services A- Z, there are 274 items. Very impressive. No wonder you can't do everything people asks. "But in looking through the 274 services, I find no "Department" to assure that the rights of citizens are not violated. It's not there. "GOOD. It's not supposed to be there! It is NOT a SERVICE. With the power to take property against a citizen's wishes comes responsibility under due process. Guaranteeing the rights of the citizens is NOT a SERVICE, It's an OBLIGATION. You have no choice about it, and no excuses are acceptable. "It is an obligation the County is taking very lightly. It is a dismissal the Citizens do NOT take lightly. Please help us". Monika Roth, Cooperative Extension, spoke concerning the resolution on the agenda to review the Agricultural District on the east side of the County. Distinguished Youth Award Ms. Robertson said one of her nominees for the Distinguished Youth Award was unable to attend this evening; therefore, the presentation of the Distinguished Youth Award has been postponed to the next meeting. The recipients are Jonas Puryear and Elijah DeCastro, both of Trumansburg. Ms. Chock arrived at this time. County Attorney Motion To: Authorize the Clerk of the Legislature to make a correction to Resolution No. 14 - Appointments to the Industrial Development changing the appointment of a municipal official representative to an At -large seat, and adding language that states "over the years, this seat has been filled with a municipal official although the seat is at -large" RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pamela Mackesey, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne * * * * * * * * * * Mr. Stein asked Mr. Wood when the Court of Appeals decision on mining was made. Mr. Wood did not know but would find out and let him know. 32 February 21, 2012 Resolutions Withdrawn from the Agenda Chair Robertson gave the appropriate committee chair permission to withdraw the resolution on the agenda entitled Approval of Amended Bylaws for the Tompkins County Youth Services Board. Addition of Resolution(s) to the Agenda Motion To: Add the resolution entitled In Support of Maintaining Dedicated Funding for Public Transportation Funding in the Surface Transportation Legislation RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne * * * * * * * * * * Approval of Resolution(s) and Appointment(s) Under the Consent Agenda Resolution 2012-24: Adoption of Cash Management and Investment Policy (DOC ID: 3126) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Cash Management and Investment Policy dated January 2012 is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-25: Acceptance of Extension of 2011 Annual Criminal Justice/Alternatives to Incarceration Consolidated Service Plan (DOC ID: 3149) 33 February 21, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne WHEREAS, the New York State Division of Criminal Justice Services (DCJS) advised the county that the current CJ/ATI Contract # T523492 for Article 13-A Alternative to Incarceration programming (January 1, 2011 through December 31, 2011) was being increased and extended through June 30, 2012, in order to bring contract terms more in line with the State's fiscal year, and that future contracts will be effective July 1, 2012, and WHEREAS, the State funding for this contract was increased by DCJS by 50% and there are no County dollars utilized in this contract, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature approves the extension of the 2011 Alternatives to Incarceration Consolidated Service Plan for Tompkins County. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-26: Authorization to Appropriate Department of Homeland Security Grant Funding Received in 2011 to 2012 Budget - Sheriff's Office (DOC ID: 3116) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne WHEREAS, the Tompkins County Sheriff's Office had received funding in the amount of $59,448 through the Department of Homeland Security, and WHEREAS, the funds were to be applied towards the purchase of replacement mobile computers and equipment, and WHEREAS, this purchase was unable to be accomplished in 2011, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That these funds be utilized in 2012 for the aforementioned purpose, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following adjustments to the 2012 budget: FROM: A3113.44389 Other Public Safety Revenue $59,448 TO: A3113.5220 Department Equipment $59,448 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-27: Authorization to Accept New York State Child Passenger Safety Seat Grant - Sheriff's Office (DOC ID: 3115) 34 February 21, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne WHEREAS, the Tompkins County Sheriffs Office has received funding in the amount of $6,500 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 accept this grant, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget adjustment: FROM: A3113.43389 Other Public Safety Revenue $6,500 TO: A3113.54319 Program Supplies SEQR ACTION: TYPE II -20 * * * * * * * * * * $6,500 Resolution 2012-28: Approval of Appointment to the Tompkins County Council of Governments (TCCOG) (DOC ID: 3159) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne 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 Peter Stein 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 * * * * * * * * * * Resolution 2012-29: Approval of 2012 Succession of Members of the County Legislature to Serve in the Absence of the Chair and Vice Chair (DOC ID: 3112) 35 February 21, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne 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 2012 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 I1-20 * * * * * * * * * * Advisory Board Appointments RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne Criminal Justice Advisory/Alternatives-to-Incarceration Board Jarrett Powers - At -large representative; term expires December 31, 2014 Advisory Board on Indigent Representation David S. Bahn - term expires December 31, 2014 Personal Emergency Response Service Advisory Board - term expires December 31, 2012 Michael Lefkowitz - Agency representing Disabled or Elderly (Health Department) Office for the Aging Advisory Committee Eleanor May - term expires December 31, 2012 Betty A. Balcome - term expires December 31, 2014 ********** Ms. Mackesey was excused at 7:05 p.m. Planning, Development, and Environmental Quality Committee 36 February 21, 2012 Resolution 2012-30: Action on 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: 3140) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Michael Lane, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey, Leslyn McBean-Clairborne 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 which must approve the formation of and changes in agricultural districts, and WHEREAS, the County as required by law conducted a public hearing for this review and approval on November 15, 2011, and WHEREAS, the attached list of parcels indicates those recommended for addition, a total of 1738.85 acres, and deletion, a total of 746.53 acres, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, and the Agricultural and Farmland Protection Board, and the Planning Advisory Board, That the newly revised boundaries of Agricultural District No. 1 be approved and that the District be continued. SEQR ACTION: TYPE I1-15 ADDITIONS: The following parcels, a total of 1738.85 acres, are recommended for addition to the District: Caroline 7.-1-26 36.65 acres 8.-1-49.3 12.14 acres 16.-1-23 46.58 acres 17.-1-23.2 30.66 acres 23.-1-4.22 158.49 acres 29.-1-14.2 49.37 acres 36.-1-14.2 99.00 acres Total 432.89 acres Danby 7.-1-48.15 4.51 acres 7.-1-97.12 31.92 acres 11.-1-6.102 202.96 acres 20.-1-25.2 93.27 acres Total 332.66 acres Dryden 29.-1-15.2 98.10 acres 39.-1-12.11 301.11 acres 44.-1-2.2 82.20 acres 44.-1-11.2 89.98 acres 49.-1-2.52 29.50 acres 51.-1-4.4 28.57 acres 52.-1-45.2 49.06 acres 37 Groton REMOVALS: District: Lansing 52.-1-43 9.00 acres 52.-1-56.1 16.42 acres 58.-1-4.2 115.19 acres Total 819.13 acres 15.-1-34 15.-1-44 121.-1-4 Total 80.76 acres 52.41 acres 21.00 acres 154.17 acres February 21, 2012 The following parcels, a total of 746.53 acres, are recommended for removal from the 36.-1-9.2 233.87 acres 37.1-6-3.362 30.81 acres 39.-1-13.1 2.10 acres 39.-1-13.4 15.10 acres 39.-1-43.2 65.68 acres 42.-1-1.122 8.08 acres 42.-1-1.129 33.00 acres 42.-1-1.35 1.05 acres 42.-1-7 15.62 acres 42.-1-40 149.76 acres Total 555.07 acres Town of Lansing: These parcels are south of Asbury Road, where rapid development has occurred and is expected to continue. Some farming does occur in this area, but the soils are typically not the best agricultural soils and agriculture has been on the decline in the area for some time. Town of Lansing planning identifies the area in the northern part of the town as agricultural, where there are better agricultural soils and stronger agricultural operations. Dryden 64.-1-30 2.90 acres 64.-1-31.2 27.17 acres 64.-1-34 1.05 acres 76.-1-20.1 1.00 acres 76.-1-20.2 7.34 acres 76.-1-20.35 10.59 acres 76.-1-20.41 1.25 acres 76.-1-20.42 1.20 acres 76.-1-20.43 1.06 acres 76.-1-20.44 1.53 acres 76.-1-20.55 1.54 acres 76.-1-20.45 1.05 acres 76.-1-20.46 1.01 acres 76.-1-20.47 1.10 acres 76.-1-20.48 1.81 acres 76.-1-20.49 1.43 acres 76.-1-20.50 2.58 acres 76.-1-20.52 1.77 acres 76.-1-20.51 3.28 acres 76.-1-20.53 25.34 acres 76.-1-20.40 1.21 acres 76.-1-20.54 1.78 acres 76.-1-20.622 2.95 acres 76.-1-20.624 2.26 acres 38 76.-1-20.628 6.60 76.-1-20.623 2.50 76.-1-20.625 2.50 76.-1-20.626 2.74 76.-1-20.627 4.10 76.-1-20.629 9.10 76.-1-20.631 5.40 76.-1-20.630 10.80 76.-1-20.632 5.00 76.-1-21 .47 76.-1-24.113 10.26 76.-1-24.13 4.79 Total February 21, 2012 acres acres acres acres acres acres acres acres acres acres acres acres 168.46 acres Town of Dryden: The Town Planning Board recommended these parcels, are in the Hurd Road, Hollister Road, and Midline Road area, be removed based in the residential nature of the neighborhood and lack of immediate proximity to the Town's agricultural areas. Ithaca 55.-1-1 (part of) 23 acres Town of Ithaca: The bulk of this 700+ acre parcel, which is owned by the City of Ithaca as part of the Six Mile Creek watershed lands, was not in the Ag District; this small parcel was in the district, but was consolidated into the larger parcel. Technically, it therefore disappeared from the District, but changes to the District are supposed to be approved by the Legislature, so it's being included with these recommendations. This removal was recommended by the Town of Ithaca Planning Department and Planning Board. * * * * * * * * * * Government Operations Committee Resolution 2012-31: Deletion of Administrative Manual Policy 01-16 - Annual Reports (DOC ID: 3153) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Michael Lane, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Pamela Mackesey, Leslyn McBean-Clairborne It was accepted as a friendly amendment to remove the final language from the resolution: "RESOLVED, further, That departments are encouraged to continue their practice of submitting annual reports of their activities tot he Legislature". Ms. Robertson asked the Government Operations Committee to consider the ramification of the change made. Mr. Robison asked that consideration be given to the Legislature receiving a comprehensive annual report that contains information for all departments instead of many separate reports. WHEREAS, the Finance Director routinely prepares an annual fiscal report consistent with 39 February 21, 2012 requirements outlined in County Law, Section 406, and WHEREAS, given this current practice at the Finance department level any additional fiscal reports prepared by individual County departments is redundant, and WHEREAS, the current policy language simply quotes County Law, Section 406 and provides no additional relevant information, and WHEREAS, this policy does not affect the common and desirable practice of County department annual report development, which is used to inform elected officials and county residents of department programming, accomplishments, and goals for the year ahead and this type of reporting is not a requirement of County Law, Section 406, and WHEREAS, Policy 01-16 has not been updated since its inception, January 12, 1981, and WHEREAS, the current Finance Department practices fully meet County Law, Section 406 requirements, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the current Finance Depaitment practices fully meet County Law, Section 406 requirements, RESOLVED, further, That Administrative Policy 01-16 - Annual Reports is hereby deleted. SEQR ACTION: TYPE II -20 Recess ********** Ms. Robertson declared recess at 7:22 p.m. The meeting reconvened at 7:27 p.m. Executive Session Motion To: Enter into executive session at 7:27 p.m. to discuss negotiations as they pertain to the Health Department with a particular view to State requirement and regulation that affects that Department. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne Ms. Herrera was excused at 8:15 p.m. The meeting returned to open session at 8:49 p.m. [The resolution adopted during the executive session can be found at the end of these minutes.] Recess Ms. Robertson declared recess at 8:49 p.m. The meeting reconvened at 8.55 p.m. * * * * * * * * * * Ms. Chock was excused at 9:05 p.m. Government Operations Committee 40 February 21, 2012 Resolution 2012-33: Resolution Calling on the Governor and the State Legislature to Change New York State's Election Law to Permit the Federal Primary and the New York Primary to be Held on the Same Day (DOC ID: 3169) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Michael Lane, Member David McKenna, Member Burbank, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Pamela Mackesey, Leslyn McBean-Clairborne WHEREAS, Election Law requires that a primary election shall be held on the first Tuesday after the second Monday in September before every general election unless otherwise changed by an act of the Legislature, and WHEREAS, in the year two thousand twelve, the New York primary is to be held on September 11, 2012, and WHEREAS, in 2012, an additional primary election, known as the Presidential primary, shall be held on April 24, 2012, for the purpose of electing delegates to the national convention, and WHEREAS, pursuant to a ruling of the United States Federal Court for Northern District of New York, the federal primary in New York will be required to be held on June 26, 2012, and WHEREAS, Election Law Section 8-100 permits the date of the New York primary to be changed by an act of the State Legislature, and 'WHEREAS, if the State legislature fails to move the normal September primary elections to coincide with the mandated federal date, there will be three primary elections in New York in 2012, and WHEREAS, having three primaries during 2012 is likely to create voter confusion and may suppress voter turnout, and WHEREAS, a third primary will create an undue burden on County Boards of Election and, in Tompkins County another unfunded mandated expense of approximately $35,000, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature calls upon Governor Andrew M. Cuomo, and the New York State Legislature to permit the federal primary election and the New York primary election to both be held on the same day, RESOLVED, further, That if the Governor and the State Legislature do not wish for the federal primary election and the New York primary election to be held on the same day, that New York State absorb the costs of holding the New York primary election, RESOLVED, further, That copies of the resolution be forwarded to Governor Andrew M. Cuomo, the New York State Legislature, the New York State Board of Elections, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 ********** Individual Member -Filed Resolution Resolution 2012-34: In Support of Maintaining Dedicated Funding for Public Transportation Funding in the Surface Transportation Legislation (DOC ID: 3179) 41 February 21, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Pamela Mackesey, Leslyn McBean-Clairborne WHEREAS, the provisions in the recently unveiled House Bill H.R. 3864, the federal American Energy and Infrastructure Jobs Financing Act, would eliminate dedicated federal fuels taxes for public transit and create long-term uncertainty for public transportation funding for the first time in three decades, and WHEREAS, since 1983 under President Reagan, nearly half of all public transportation funding has been provided from the federal motor fuels tax dedicated to the Highway Trust Fund, and WHEREAS, this funding structure has successfully provided highway and transit programs with secure, dedicated revenues and has allowed Tompkins Consolidated Area Transit, Inc., (TCAT, Inc.) and public transit systems across the country to create jobs, including those for the bus manufacturing industry in New York State, and WHEREAS, under the proposed change, public transit funding would receive a one-time appropriation with no funding for public transportation after 2016 and would create uncertainty for TCAT, and WHEREAS, this legislation would force more service reductions and fare hikes for TCAT and public transit systems all across the country, putting at risk the sole source of transportation for millions of Americans who depend on transit to get to work, school, or wherever they need to go, and WHEREAS, for every $1 invested in public transportation, $4 are generated in economic returns, according to the American Public Transportation Association, and for every $1 billion invested, more than 36,000 jobs are created and supported, resulting in nearly $500 million in federal, state, and local tax revenues, and WHEREAS, as TCAT looks to expand capacity during record ridership of nearly 4 million annual trips, this change will have dire consequences for the thousands of people in Tompkins County who rely on public transit, now therefore be it RESOLVED, That the Tompkins County Legislature strongly opposes H.R. 3864 as currently written and asks members of Congress to reject it in their final vote, unless the dedicated fuel tax funding for public transportation has been restored, RESOLVED, further, That copies of this resolution shall be sent to President Obama, Senators Schumer and Gillibrand, Congressmen Hanna and Hinchey, and Transportation and Infrastructure Committee Chairperson John Mica. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Minutes of Previous Meeting — February 7, 2012 RESULT: MOVER: SECONDER: AYES: NOES: EXCUSED: ADOPTED [10-1] Will Burbank, Member Frank Proto, Member Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kiefer Carol Chock, Kathy Luz Herrera, Pamela Mackesey, Leslyn McBean-Clairborne 42 February 21, 2012 Adjournment On motion the meeting adjourned at 9:34 p.m. Resolution Approved in Executive Session The following resolution was adopted during executive session and the portion of these meeting minutes were adopted by the Legislature at their May 1, 2012, meeting. Resolution 2012-32: Authorization to Submit Closure Plan to New York State Department of Health for Certified Home Health Agency — Health Department (DOC ID: 3311) MOVED by Mr. Lane, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes — 10, Noes — 2 (Legislators Chock and Kiefer), Excused — 3 (Legislators Luz Herrera, Mackesey, and McBean-Clairborne). THE QUESTION WAS CALLED. RESULT: MOVER: SECONDER: AYES: NOES: EXCUSED: ADOPTED [11-1] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kiefer Luz Herrera, Mackesey, McBean-Clairborne MOVED by Mr. Lane, seconded by Mr. Burbank, and unanimously adopted by voice vote by members present, to withhold this resolution from the public until approval from the New York State Department of Health of closure plan and proposed correspondence to clients. The public shall be notified as soon as possible after approval. This is being done this way to minimize the impact on the patients involved. MOTION CARRIED. WHEREAS, the negotiated and approved sale of the Tompkins County Health Department Certified Home Health Agency (CHHA) operating certificate has been affected by unanticipated emergency regulation 10 NYCRR 760.5, and WHEREAS, in response to the new regulation the successful proposer withdrew its proposal and submitted a revised proposal which is unacceptable, and WHEREAS, an evaluation of the current operating status of the CHHA shows continued losses, an inability to continue to serve clients effectively under new regulations, and ongoing impacts to the operation of the Tompkins County Health Department overall and it is recommended that the Health Department seek approval to close the CHHA, now therefore be it RESOLVD, on recommendation of the Board of Health and the Health and Human Services Committee, That the County submit a closure plan to New York State Department of Health and upon their approval implement that plan. SEQR ACTION: TYPE II -20 * * * * * * * * * * 43 March 6, 2012 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 Attendee Name Will Burbank Carol Chock James Dennis Kathy Luz Herrera Dooley Kiefer Michael Lane Pamela Mackesey Leslyn McBean-Clairborne David McKenna Frank Proto Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Peter Stein Organization Title Status Arrived Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Late 5:34 PM Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Chair Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Tompkins County Legislature Member Present Privilege of the Floor by the Public Jay Potter, City of Ithaca Public Art Commission, spoke in support of a proposal to place artwork on the Old Library building. Terry Plater, Chair of the City of Ithaca Public Art Commission, spoke in support of a proposal to place artwork on the Old Library building. Neil Oolie, City of Ithaca resident and member of the Board and volunteer at Loaves and Fishes, invited Legislators to visit Loaves and Fishes for a meal. Distinguished Youth Award Ms. Robertson, District No.13 Legislator, presented the February 2012 Distinguished Youth Award to Jonas Puryear and Elijah de Castro, both of Trumansburg. Report from Municipal Official(s) Bill Goodman, Deputy Town of Ithaca Supervisor, updated the Legislature on recent issues being worked on by the Ithaca Town Board. Chair's Report Appointments Ms. Robertson reported the tentative date for a special meeting to discuss renovations to the Old 44 March 6, 2012 Courthouse is March 27th at 6 p.m. and asked that members hold the time until final notice is given. Ms. Robertson made the following appointment: Workforce Investment Board Paul Levasque, II - Business representative; term expires June 30, 2014 Addition of Resolution(s) to the Agenda Motion To: Add resolution entitled Supporting New York State Department of State Local Government Efficiency Grant Application: RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Pamela Mackesey, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * Approval of Resolution(s) Under the Consent Agenda Resolution 2012-35: Authorization to Increase Hours — Microcomputer Specialist — Information Technology Services (DOC ID: 3164) RESULT: ADOPTED [UNANIMOUS] MOVER: Dooley Kiefer, Member SECONDER: Will Burbank, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Tompkins County Legislature previously approved the reduction in standard work week hours from 40 to 35 for the position of Microcomputer Specialist in the Information Technology Services Department (ITS) due to anticipated 2011 budgetary constraints, and WHEREAS, the Tompkins County ITS Department currently has funds available to restore the standard work week hours from 35 to 40 for the Microcomputer Specialist position #390, White Collar Grade L (12), Job Code 638 due to staffing changes in the Department, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That one position of Microcomputer Specialist position #390, White Collar Grade L (12), Job Code 638, be increased to 40 hours effective immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda 45 March 6, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Environmental Management Council - terms expire December 31, 2012 Red Poney Carpenter - Town of Enfield representative Emily Rebecca Hamilton - City of Ithaca representative * * * * * * * * * * Budget, Capital, and Personnel Committee Mr. Dennis, Chair, reported the Committee will meet on March 26th. Resolution 2012-36: Appropriation from Contingent Fund - Terminal Pay - Sheriff's Office - Civil Division (DOC ID: 3113) and This was approved by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Sheriff's Office had one (1) Deputy Sheriff retire effective September 29, 2011, 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 appropriation for 2011: FROM: A1990.54440 Contingent Fund $18,334.60 TO: A3150.51000419 Deputy Sheriff $18,334.60 SEQR ACTION: TYPE I1-20 ********** Resolution 2012-37: Appropriation from Contingent Fund - Terminal Pay - Sheriff's Office - Corrections (DOC ID: 3114) This was approved by a short roll call vote. 46 March 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Sheriff's Office had one (1) Corrections Officer resign effective December 13, 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 appropriation for 2011: FROM: A1990.54440 Contingent Fund TO: A3150.51000406 Corrections Officer SEQR ACTION: TYPE I1-20 $5,582.24 $5,582.24 * * * * * * * * * * Resolution 2012-17: Approval of Amended Bylaws - Tompkins County Workforce Diversity and Inclusion Committee (DOC ID: 3041) RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Kathy Luz Herrera, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Tompkins County Workforce Diversity and Inclusion Committee has updated and revised its bylaws to reflect current procedures, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the bylaws of the Tompkins County Workforce Diversity and Inclusion 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 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-38: Authorization to Execute an Agreement with LaBella Associates, P.C., to Provide Engineering and Related Services Required to Implement the Tompkins County Road Preservation Law (DOC ID: 3196) 47 March 6, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Local Law No. 1 of 2011, more commonly called the Road Preservation Law, established that the cost of damage to County Highways caused by truck traffic that exceeded specific weight and frequency thresholds must be borne by those responsible for causing such damage, and WHEREAS, that Law called for the damage resulting from such high-intensity traffic be anticipated, analyzed, and repaired promptly and to appropriate engineering standards and also that a bond sufficient to support the cost of anticipated road damage may be required to be provided to the County prior to the commencement of a project, and WHEREAS, implementation of the Road Preservation Law therefore requires a system that consists, in part, of identifying projects and uses that are potentially subject to the Law, permitting such uses, establishing haul routes, establishing and enforcing bonding requirements, monitoring road usage, computing road damage, and assessing the cost of repairing such damage, and WHEREAS, it is in the County's interest to ensure that this system be efficient and effective, and that the central element of this system --which is the methodology used to estimate the potential cost of damage caused by high-intensity truck traffic generated by a project, and to calculate the actual damage caused by such traffic during and/or after the completion of a project --is fair, accurate, comprehensible, consistently -applied, cost-effective, and defensible, and WHEREAS, it is in the community's interest to have the greatest possible inter jurisdictional consistency in the methodology used to estimate and compute road damage caused by high-intensity uses, and WHEREAS, the County issued and broadly advertised a Request for Proposals (RFP) to engineering firms seeking proposals to assist the County and municipal governments within the County that wish to participate, in establishing and implementing the system that will be used to administer the Road Preservation Law, particularly the process of estimating potential road damage, and the cost of such damage, at the beginning of a project and of calculating actual road damage at the end of a project, and WHEREAS, the County received responses to its RFP from LaBella Associates, P.C., C&S Companies, and Spectra Engineering, Architecture & Surveying and also was invited by Delta Engineers, Architects, and Land Surveyors, to consider a system it has developed for use in other communities, and WHEREAS, a selection committee to review these responses and recommend a consultant was established by the County Administrator and consisted of the Administrator, Public Works Administrator, Associate Highway Engineer, and the Chair of the County Legislature's Facilities and Infrastructure Committee as well as the Supervisors of the Towns of Caroline and Enfield and the Highway Superintendents of the Towns of Ulysses and Ithaca, and WHEREAS, based on the most beneficial combination of qualifications, services, and cost, the selection committee recommended LaBella Associates as the best -qualified consultant to provide the required engineering services, including assistance in the development and administration of the new permitting process, now therefore be it 48 March 6, 2012 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be, and hereby is, authorized to execute an Agreement with LaBella Associates for Engineering Services in connection with the implementation of the County's Road Preservation Law at a cost not to exceed $35,000, RESOLVED, further, That the County Administrator be authorized to execute supplemental agreements on behalf of the County that will enable project -specific work to proceed as such projects arise and provided that any costs incurred are borne solely by the permittee, or that enable municipal governments within the County to procure services provided under this contract, at the sole cost of the municipality. SEQR ACTION: TYPE II- 20 ********** Resolution 2012-39: Resolution Supporting a New York State Department of State Local Government Efficiency Grant Application to Study the Feasibility of Shared Services of Tompkins County and Local Roads for Cost Savings and Efficiency Measures (DOC ID: 3216) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Carol Chock, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the New York State Department of State has available funds for the 2011-2013 Local Government Efficiency Grant Program, and WHEREAS, this grant program can assist Tompkins County in identifying opportunities to cooperate with other local governments in the area to reduce the cost of providing services, and WHEREAS, the cost to maintain local roadways and bridges represents a large share of all municipal and county budgets and property tax levies, and WHEREAS, at a time when the cost to maintain highway infrastructure is growing rapidly and local budgets are tightly constrained, it is increasingly difficult to maintain basic highway infrastructure at a cost that can be supported by local budgets, and WHEREAS, Tompkins County and its Highway Division would benefit from reducing the cost of adequately repairing and maintaining these roadways, and WHEREAS, a study to evaluate the County and Local Road System and identify areas where inter -municipal cooperation, shared services, or redistributions of responsibilities could result in a more efficient system of providing quality highway services and lower costs for the repair and maintenance of existing roads, and WHEREAS, Tompkins County, on behalf of its citizens, supports this effort and wishes to make a grant application on behalf of Tompkins County Council of Governments for approximately $100,000, with a required local cash match of 10% that shall be allocated among the participating municipalities, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County supports the County and Local Road Local Government Efficiency Grant Program application 49 March 6, 2012 and, therefore, submits the application on behalf of Tompkins County Council of Governments, RESOLVED, further, That Tompkins County agrees, if awarded, to participate and assist in all phases of the County and Local Road Shared Service Local Government Efficiency Grant Study. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Broadband Committee Mr. Proto requested a schedule of dates for the remaining public forums. Approval of February 21, 2012 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [14 TO 1] Pamela Mackesey, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Adi ournment On motion the meeting adjourned at 7:40 p.m. 50 March 20, 2012 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 Attendee Name Organization Title Status Present Arrived Departed Will Burbank Tompkins County Legislature Member Carol Chock Tompkins County Legislature Member Member Present Present James Dennis Tompkins County Legislature Kathy Luz Herrera Tompkins County Legislature Member Excused Dooley Kiefer Tompkins County Legislature Member Present Michael Lane Tompkins County Legislature Member Present Pamela Mackesey Tomkins County Legislature Member Present 8:25 PM Leslyn McBean-Clairborne Tompkins County Legislature Member Present David McKenna Tompkins County Legislature Member Late 5:42 PM Frank Proto Tompkins County Legislature Member Member Present Present Pat Pryor Tompkins County Legislature Martha Robertson Tompkins County Legislature Chair Member Present Present Brian Robison Tompkins County Legislature Nathan Shinagawa Tompkins County Legislature Member Present Peter Stein Tompkins County Legislature Member Present Privilege of the Floor by the Public Bernie Hutchins, Hanshaw Road, called attention the County's Takings map and displayed a photo of the survey map of his property and a property of a neighbors. Mr. Hutchins submitted the following statement for the record: "I call your attention to survey problems relating to the County's taking map for my property at 1016 Hanshaw Road, as shown on the handout: <http://www.hanshawroad.com/SurveyError2012.bmp>. "The small photo shows the area between my property and my neighbor. It contains our survey pins and my neighbor's stockade fence. The corresponding section of the County -provided survey map is above that. "We begin at the "Point of Beginning" (P.O.B) which is the red dot near the center. IF this point were a pin on a NORMAL survey, a property owner could easily locate it. But it's NOT marked by any monument at all. Nor, as a practical matter, is it even POSSIBLE for property owner locate this. "The red dot is to be located by starting at some other point which is somewhere, a half -kilometer away in Cayuga Heights. The property owner would have to measure along two chord lines within the roadbed, a length of 471.23 meters to another point to be located, and then construct a perpendicular northward 8.54 meters to find the location of the red dot. "The County is aware of the difficulty and expense that locating this point would incur on us. Want your rights? - BRING CASH. The property owners are left (probably by intention), up the proverbial creek. This could have been avoided by using a conventional survey method. 51 March 20, 2012 "In addition, at my property there is not just the possibility of an error being hidden, but the reality of a demonstrable error: the relationship of the stockade fence to the actual boundary. "Local survey pins, known to the County's surveyor, are ignored. On the County's map we see, in green, the fence with the property line to the west (left). The property pins are IN FACT to the east (right) as seen in the large photo. It's not my fence. "This general error was called to the attention of R.K. Hite in early 2011, and was acknowledged by the County's action - reducing my compensation offer by $100. No change at all was made to the map. As noted, I attempted to get F&I to address this in April and May of 2011. "Whether or not this error is serious cannot be addressed until such time as a correct reference frame is established. "I have asked that the County come up and stake the corners of the parcels they are seizing from me. They have staked other properties, but not replied to MY request. Perhaps an engineer would ask too many inconvenient questions - that being our habit! "A copy of the Takings Map is on file in the Legislature Office." Stephen Hesse said he is the Coordinator of a local group called the Sunday Hikers who hike for two hours each Sunday morning. Mr. Hesse urged the Legislature to vote in opposition to the resolution on the agenda entitled Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County. John Morey, Groton resident and a hunter safety instructor for the Department of Environmental Conservation, stated he has been following this issue. He spoke in support of the resolution entitled Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County. Mr. Engman, Town of Ithaca Supervisor, spoke in opposition to the resolution on the agenda entitled Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County Liz Thomas, Deputy Ulysses Town Supervisor, said the Town passed a resolution unanimously opposing the resolution on the agenda entitled Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County. Duane Hartman, Newfield, spoke in support of the resolution on the agenda entitled Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County. Report from Municipal Official(s) Nahmin Horwitz, Town of Ithaca Board Member, updated the Legislature on the Town Board's activities. The Town reviewed and provided comments on the County's draft Request for Proposal to develop the Biggs property on West Hill. This kind of development is not consistent with what the Comprehensive Plan sees as being the most desirable for that area and believes an assisted living center or a nursing home would be more appropriate. Mr. McKenna arrived at this time. He said the Town approved a resolution opposing the County's resolution to request the State Legislature to allow rifle hunting. The Town voted in support of participating in the County's grant application for a government efficiency grant. Although that won't be moving forward at this time the Town hopes this will proceed in the future. He also spoke of the recent rally to support a living wage. 52 March 20, 2012 Mr. Engman, Town of Ithaca Supervisor, clarified that the Town believes the Bigg's property proposal is a great project, however, the concern is the Town is looking for mixed development on the other side of Route 96. He briefly reported on the status of the Comprehensive Plan in response to a question by Ms. Chock and said the Town is going through future land -use, which is a crucial stage. He hopes to have a draft of the Plan for review by July. It will more strongly protect open space, natural areas, conservation zones, and farmland while trying to encourage development close to the City. Ms. Thomas, Town of Ulysses Deputy Supervisor, said one of the issues the Town of Ulysses is struggling with is ambulance service. The Town is also discussing the concern of brine use on State roads. The Town Planning Board is in the process of finalizing the lakeshore and conservation zone. Another issue the Town is involved with is the Amicus brief dealing with the court cases in Dryden and Middleton relating to gas drilling. Other issues including intermunicipal cooperative efforts such as cable, cell towers, are also being worked on. At the request of Mr. Proto, Ms. Thomas reported on the Recreation Partnership and Ag District. She said the Town has finally found a representative to sit on the Recreation Partnership. Responding to a question by Mr. Proto on the Town's status with renewing the Recreation Partnership Agreement Ms. Thomas said to her knowledge the Town Board has not seen a proposal but will follow-up on this with the Town Board. With regard to the Ag Protection Plan, she said it is very close to being finished. It needs a final review and will be complete. Mr. Proto commended the Town for its good work on this. Distinguished Youth Award Mr. Lane, District No.14 Legislator, presented the March 2012 Distinguished Youth Award to Dryden High School student William Sanders of Freeville. Planning, Development, and Environmental Quality Committee Resolution 2012-40: Making a Negative Declaration of Environmental Significance in Relation to Authorizing an Agreement with the State of New York for Transfer of West King Road Parcel Which Buffers the Finger Lakes Trail Spur to Buttermilk Falls State Park (DOC ID: 3209) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, in Resolution No. 41 of 2012, 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 which includes a section of the Finger Lakes Trail which leads to Buttermilk Falls State Park, 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 53 March 20, 2012 Committee, That Resolution No. 41 of 2012 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 41 of 2012. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2012-41: Authorizing an Agreement with the State of New York for Transfer of West King Road Parcel Which Buffers the Finger Lakes Trail Spur to Buttermilk Falls State Park (DOC ID: 3208) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, in 2009 the Government Operations Committee voted to withhold Town of Danby Tax Parcel #1.-1-12.42 from the 2009 foreclosure auction in order to study options for the parcel's protection, and WHEREAS, the parcel is a vacant, 2.55 -acre parcel located to the west of West King Road, includes a section of the Finger Lakes Trail, and is located in the Lick Brook and Inlet Valley Slopes Unique Natural Area (UNA-149), and WHEREAS, the parcel is bordered to the north by New York State Park property, and WHEREAS, New York State Parks expressed interest in acquiring the parcel for $3,800 to serve as a buffer to the Finger Lakes Trail spur to Buttermilk Falls State Park, and WHEREAS, by Resolution No. 168 of September 6, 2005, the Legislature approved the sales of the land to the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP), and WHEREAS, as of March 1, 2012, a total of $1,659.66 of the parcel's delinquent taxes are owed, and WHEREAS, by Resolution No. 217 of November 1, 2005, the Legislature established a policy that net proceeds of sales of land for conservation purposes be placed in a Capital Reserve Fund for Natural, Scenic and Recreational Resource Protection, and 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, to enable New York State OPRHP to purchase tax parcel #1.-1-12.42, a 2.55 -acre parcel in the Town of Danby, for $3,800, RESOLVED, further, That the County Administrator or his designee is also authorized to execute 54 March 20, 2012 other agreements necessary for the County to implement this transfer to the State of New York, RESOLVED, further, That after the reimbursement of taxes, the balance of funds from the sale, approximately $2,100, be deposited in the Tompkins County Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Public Safety Committee Resolution 2012-42: Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting in Tompkins County (DOC ID: 3148) RESULT: DEFEATED [4 TO 10] MOVER: Peter Stein, Member SECONDER: James Dennis, Member AYES: James Dennis, David McKenna, Brian Robison, Peter Stein NAYS: Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, Proto, Pryor, Robertson, Shinagawa EXCUSED: Kathy Luz Herrera WHEREAS, the Tompkins County Legislature would support a bill to allow rifle hunting for big - game in Tompkins County, and WHEREAS, big -game rifle hunting is permitted in many counties throughout New York State, and WHEREAS, Cortland County, Madison County, Ontario County, and Schuyler County have passed similar resolutions in support of such legislation, and WHEREAS, during the 2008 big -game season center -fire rifles were allowed as a legal firearm for the harvesting of big game (deer) in Madison County on a pilot basis, and WHEREAS, there were no incidents of accidents involving rifles reported in Madison County during the 2008 big game (deer) season, and WHEREAS, Tompkins County requests action be completed in time for the Big Game Hunting Season of 2012, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State Law Section 11-0901, amending the Environmental Conservation Law relating to the use of rifle for hunting in the County of Tompkins, RESOLVED, further, That a certified copy of this resolution be sent Governor Andrew Cuomo, Joe Martens, New York State Department of Environmental Conservation Commissioner, the New York State Fish and Wildlife Management Act Board, New York State Senators James Seward, Thomas O'Mara, and Michael Nozzolio, and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE I1-20 ********** Withdrawal of Resolution(s) from the Agenda 55 March 20, 2012 Ms. Robertson gave Ms. Kiefer permission to withdraw from the agenda the resolution entitled Supporting the Efforts of Tompkins County to Institute a "F.A.V.O.R." (Find & Assist Vets of Record) Program. Approval of Resolution(s) Under the Consent Agenda Resolution 2012-43: Authorization to Accept an Award of a Grant from the New York State Division of Criminal Justice Services (DOC ID: 3170) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera 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 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 New York State 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 2012: BUDGET ADJUSTMENT Revenue A3142.43389 A4250. 43389 Appropriation A3142.54400 A4250.54400 SEQR ACTION: TYPE II -20 Other Public Safety Aid $10,500 Other Public Safety Aid $10,597 Program Expense $10,500 Program Expense $10,597 ********** Resolution 2012-44: Budget Adjustments - Office for the Aging (DOC ID: 3231) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera 56 March 20, 2012 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 6778.41972 Charges Program for Aging $ 8,426 Charges Program for Aging $ 4,165 6778.51000049 6778.58800 Explanation: Reappropriated money to be used in 2012 in the HEAP program. Salary Fringes Revenue Acct Title Amt Approp Acct Title(s) 6793.44772 6793.44772 6793.44772 Federal Revenue Federal Revenue Federal Revenue $ 2,956 6793.51000559 $ 1,645 6793.58800 $ 2,002 6793.54491 Salary Fringes Subcontractor Explanation: Reappropriated money to be used in 2012 in the HIICAP program. Revenue Acct Title Amt Approp Acct Title(s) 6796.44772 6796.44772 6796.44772 Federal Revenue Federal Revenue Federal Revenue $ 5,526 6796.51000517 $ 3,116 6796.58800 $ 6,246 6796.54400 Salary Fringes Program Expense Explanation: Reappropriated money to be used in 2012 in the WRAP program. SEQR ACTION: TYPE II -20 ********** Resolution 2012-45: Authorizing 2012 Federal Transit Administration Section 5307 Grant Application for TCAT and Tompkins County (DOC ID: 3205) RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code, and WHEREAS, the County of Tompkins is the Designated Recipient by the Governor of New York State for the Federal Transit Administration (FTA) Section 5307 Urban Formula program, with responsibilities to propose FTA -funded projects to the Ithaca -Tompkins County 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 57 March 20, 2012 WHEREAS, the FTA fund sources for the 2012 Section 5307 Grant are as follows: 2012 Sec 5307 Urban Formula Allocation $ 970,342 2011 Sec 5307 Urban Formula Unobligated Balance $ 182,823 NYSDOT Transfer from Sec 5311 $ 215,800 Total Federal Transit Funds $1,368,965 , and WHEREAS, the County and TCAT agreed to the projects selected for inclusion in the 2012 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 2012 Section 5307 Grant, RESOLVED, further, That the grant budget total is $13,065,411 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 11-20 * * * * * * * * * * 58 Federal State TCAT County Total Preventive Maintenance $ 537,882 $ 67,235 $ 67,235 $ 672,353 Associated Capital Maintenance $ 22,882 $ 2,860 $ 2,860 $ 28,603 Mobility Management $ 36,000 $ 4,500 $ 4,500 $ 45,000 Project Administration $ 49,200 $ 6,150 $ 6,150 $ 61,500 Security Equipment $ 8,000 $ 1,000 $ 1,000 $ 10,000 Short Term Transit Planning $ 16,000 $ 2,000 $ 2,000 $ 20,000 Support Vehicles $ 20,000 $ 2,500 $ 2,500 $ 25,000 Capital and Planning Subtotal $ 689,965 $ 86,246 $ 75,596 $ 10,650 $ 862,456 Operating Assistance $ 679,000 $ 4,073,934 $ 7,450,021 $ - $ 12,202,955 Total $ 1,368,965 $ 4,160,180 $ 7,525,617 $ 10,650 $ 13,065,411 , 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 2012 Section 5307 Grant, RESOLVED, further, That the grant budget total is $13,065,411 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 11-20 * * * * * * * * * * 58 March 20, 2012 Resolution 2012-46: Approval of 2012 Grants for Arts and Culture Organizational Development - Community Arts Partnership (DOC ID: 3200) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, Community Arts Partnership (CAP) and the Tompkins County Legislature recognize 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 grow tourism, and that strategic management and stabilization of these assets will better serve tourists through well-planned marketing efforts, and WHEREAS, the County contracts with CAP to develop and implement a plan for financial and operational development and capacity building of arts and cultural entities, and WHEREAS, the arts and cultural community could better position itself in the marketplace to attract more visitors to and enhance visitors' stay in Tompkins County, thus generating more dollars into the local economy, and WHEREAS, funding exists within the Room Occupancy Tax funded Tompkins County Tourism Program budget for the Arts and Culture Organizational 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 Culture Organizational Development Grants be awarded in 2012: RESOLVED, further, That an agreement with the Human Services Coalition of Tompkins County is authorized in an amount not to exceed $3,500 for providing grant recipients a six-day non-profit leadership seminar titled "Leading with Impact: Your Ripple Effect," 59 2004 2005 2006 2007 2008 2009 2010 2011 2012 Cayuga Chamber Orchestra $20,000 $25,000 $20,000 $22,000 $23,275 $18,700 $21,373 $21,800 $22,236 Cayuga Nature Center $0 $0 $0 $0 $0 $28,000 $25,000 $25,000 $25,000 Hangar Theatre $30,000 $30,000 $30,000 $32,500 $37,500 $24,000 $22,600 $23,052 $23,513 History Center $20,000 $30,000 $23,000 $30,000 $30,000 $23,200 $21,458 $21,887 $22,325 Kitchen Theatre $25,000 $25,000 $35,000 $39,680 $34,000 $22,400 $21,264 $21,689 $22,123 Light in Winter $0 $0 $0 $0 $22,000 $0 $0 SO $0 PRI/Museum of the Earth $0 $0 $20,000 $25,000 $30,000 $18,000 $15,000 $15,300 $15,606 Sciencenter $0 $0 $0 $0 $0 $10,000 $16,000 $16,320 $16,646 State Theatre $30,000 $30,000 $30,000 $30,000 $37,000 $16,000 $17,000 $22,850 $23,307 Grant Totals $125,000 $140,000 $158,000 $179,180 $213,775 $160,300 $159,695 $167,898 $170,756 RESOLVED, further, That an agreement with the Human Services Coalition of Tompkins County is authorized in an amount not to exceed $3,500 for providing grant recipients a six-day non-profit leadership seminar titled "Leading with Impact: Your Ripple Effect," 59 March 20, 2012 RESOLVED, further, That an agreement with Rent -a -CFO, LLC, is authorized in an amount not to exceed $4,800 to conduct financial and fiscal progress reviews of grant recipient organizations to determine their current operational status and their ability to fulfill the goals of the Arts and Culture Organizational Development Program of the Tompkins County Tourism Program, RESOLVED, further, That CAP is paid an amount up to $20,077 (10 percent of budgeted 2012 total program expenses) 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 ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-47: Award of 2012 Tourism Capital Grants - Tompkins County Area Development (TCAD) (DOC ID: 3199) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Tompkins County Tourism Program includes Tourism Capital Grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Occupancy Tax funded Tompkins County Tourism Program 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 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, an additional project, the Emerald Necklace Access Enhancement project of the Finger Lakes Land Trust, has also been recommended for funding by the STPB in 2012 in the amount of $15,000 (and $5,000 recommended in 2013), but requires completion of an environmental review prior to the Legislature acting on that recommendation, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That following Tourism Capital Grants be awarded in 2012: Applicant Award Cayuga Waterfront Trail: interpretive panels and Crew Cove Overlook $10,000 2012 $10,000 2013 Sciencenter: Expansion and renovation of Live Animal Gallery $15,000 2012 $10,000 2013 $ 5,000 2014 State Theatre bathroom expansion and $ 3,780 2012 60 March 20, 2012 improvements (study) Stewart Park Landscape Rehab Study (study) $10,000 2012 RESOLVED, further, That TCAD is paid an amount up to $19,532 (10 percent of budgeted 2012 total program expenses) for administrative evaluation and oversight services, RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with the award recipients and TCAD pertaining to this program. SEQR ACTIONS: Cayuga Waterfront Trail: TYPE II - 7 Sciencenter: TYPE II - 1 State Theater: TYPE II - 21 Stewart Park: TYPE II - 21 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda (ID # 3241) RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera Personal Emergency Response Service Advisory Board David McKenna - County Legislator; term expires December 31, 2013 Recreation Partnership Frank Proto - County Legislator; term expires December 31, 2013 Fish and Wildlife Management Board - terms expire December 31, 2012 Pamela Mackesey - County Legislator (Delegate) Kathy Herrera - County Legislator (Alternate) Planning Advisory Board Will Burbank - Chair, Planning Committee; term expires December 31, 2012 Regional Forest Practice Board Pat Pryor - County Legislator; term expires December 31, 2014 Soil and Water Conservation District Frank Proto - County Legislator; term expires December 31, 2013 Agriculture Farmland Protection Board David M. Diaz - Land Preservation representative, term to expire December 31, 2015 Air Service Board Larry F. Baum - At -large representative; term expires December 31, 2014 Criminal Justice Advisory/Alternatives-to-Incarceration Board Louise Miller - Agency representing Crime Victims; term expires December 31, 2014 61 March 20, 2012 Advisory Board on Indigent Representation Seth Peacock - term expires December 31, 2014 Christopher B. Colosi - term expires December 31, 2013 Emergency Communications Review and Oversight Committee Margaret E. Ryan - Village Police Chief representative; term expires December 31, 2014 Board of Health Amy Y. DiFabio, MD - Physician representative; term expires December 31, 2015 Patricia Meinhardt, MD, MPH, MA - Physician representative; term expires December 31, 2012 Developmental Disabilities Subcommittee Cristine Donovan - Community Member representative; term expires December 31, 2015 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:25 p.m. The meeting reconvened at 7:37 p.m. County Administrator Report In response to questions raised about STOA (State Transportation Operating Assistance) funding and the EISEP programs, Mr. Mareane said he will follow-up and get more information on these two items. Ms. Mackesey was excused at 8:25 p.m. Health and Human Services Committee Resolution 2012-48: Acceptance of Funding - Community -Based Care Transitions Program (DOC ID: 3181) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Nathan Shinagawa, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey Mr. Proto reported there is a team from Tompkins County in Baltimore for training. This program will try to provide services for individuals transitioning from hospitals to homes. WHEREAS, the Tompkins County Office for the Aging and Health Planning Council of Tompkins County have identified a need in assisting high-risk senior clients in transitions from hospital to home in order to avoid unnecessary re -hospitalizations, and WHEREAS, the United States Department of Health and Human Service's Centers for Medicare and Medicaid Services have made funding available to provide such care transitions services to eligible Medicare beneficiaries, and WHEREAS, the Cayuga Medical Center of Ithaca, New York has indicated its willingness to 62 March 20, 2012 cooperate in referring eligible seniors to community-based care transitions services, and WHEREAS, Visiting Nurse Services of Ithaca and Hospicare and Palliative Care Services of Tompkins County will provide care transitions coaching services to eligible patients being discharged from Cayuga Medical Center, and WHEREAS, the Tompkins County Office for the Aging has expressed a willingness to administer this program known as the Community-based Care Transitions Program, and WHEREAS, the duration of the agreement will be from May 1, 2012, through April 30, 2014, and WHEREAS, this program may serve the needs of an estimated eight hundred fifty-six (856) clients over the duration of the agreement, which will account for an estimated $71,250 in revenue in 2012, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby agrees to the budget stated below, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE A6792.44772 Federal Revenue $71,250 APPROPRIATION A6792.51000571 Salary, Agency Services Planner $4,805 A6792.51000673 A6792.58800 A6792.54303 A6792.54330 A6792.54452 A6792.54472 A6792.54491 SEQR ACTION: TYPE II -20 Salary, Principal Account Clerk/Typist $4,036 Fringe Benefits Supplies Printing Postage Telephone Subcontracts * * * * * * * * * * Planning, Development, and Environmental Quality Committee (continued) $4,995 $856 $133 $133 $67 $56,225 Resolution 2012-49: 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: 3204) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey WHEREAS, the New York State 2012 Consolidated Funding Application, 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 63 March 20, 2012 WHEREAS, Tompkins County would like to apply for competitive housing, public facilities, and/or microenterprise funds in 2012, 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 April 3, 2012, to discuss general housing, public facilities, and economic development needs in the County; and the second to be held on May 1, 2012, to discuss submitting a specific 2012 Consolidated Funding Application for competitive housing, public facilities, and/or microenterprise funds under the CDBG program in 2012. 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 * * * * * * * * * * Approval of March 6, 2012 Minutes MOVED by Mr. Burbank, seconded by Mr. Proto, to approve the minutes of the March 6, 2012, meeting as submitted. A voice vote resulted as follows: Ayes - 11; Noes - 1 (Legislator Kiefer); Excused - 2 (Legislators Luz Herrera and Mackesey); Temporary out of the room - 1 (Legislator Shinagawa). MINUTES APPROVED. Adi ournment On motion the meeting adjourned at 9:08 p.m. 64 March 27, 2012 Special Meeting Call to Order Ms. Robertson called the meeting to order at 6:00 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Title Status Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Late Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Late Peter Stein Member Present Arrived 6:20 PM 6:09 PM Resolution(s) Added to the Agenda Motion To: Add to the agenda the resolution entitled Resolution Calling on All Counties to Unite to Bring About Real and Meaningful Mandate Relief in New York State: RESULT: ADOPTED [UNANIMOUS] MOVER: Leslyn McBean-Clairborne, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Dooley Kiefer, Nathan Shinagawa Mr. Shinagawa arrived at this time. * * * * * * * * * * Resolutions Resolution 2012-50: Resolution Calling on All Counties to Unite to Bring About Real and Meaningful Mandate Relief in New York State (DOC ID: 3246) 65 March 27, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Leslyn McBean-Clairborne, Member Frank Proto, Member Burbank, Chock, Dennis, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne Kathy Luz Herrera, Dooley Kiefer WHEREAS, at the 2012 New York State Association of Counties (NYSAC) Conference in Albany, the Membership of NYSAC adopted 28 separate and distinct resolutions concerning the 2012/13 State Budget and its impact on county agencies, and WHEREAS, State mandates are the number one barrier to providing property tax relief to New Yorkers, and WHEREAS, there are nine State mandates that consume more than 90% of the county property tax levy statewide, and that amount grows when the many other State mandates are included, and WHEREAS, there is a need for counties to unify behind a common message to preserve local service delivery and stabilize local property taxes, and WHEREAS, NYSAC will continue to provide research, education, and information to the 62 counties of New York, concerning the mandated programs detailing federal and state reimbursement (if any), and WHEREAS, to assist in informing the public, counties from across the State must continue to educate the public of the impact on local service delivery and property taxes should the State not provide meaningful mandate relief in 2012, now therefore be it RESOLVED, That the Tompkins County Legislature hereby calls upon counties to come together in partnership with NYSAC to influence the enactment of serious mandate relief measures by the New York Legislature, the Governor, and all Executive Agencies. NYSAC's advocacy for mandate relief requires the support of all counties, RESOLVED, further, That each and every County Board in New York State that favors action during the 2012 legislative session for major mandate relief is hereby urged to take all actions necessary and proper at the local level to inform the citizens of the need for mandate relief and the impact on local service delivery and property taxes, RESOLVED, further, That each and every County Board that favors action during the 2012 legislative session for major mandate relief is hereby urged to consistently communicate with the Governor and State Legislators detailing the local impact of State mandates on local service delivery and property taxes, RESOLVED, further, That the Clerk of the Legislature is hereby directed to forward a certified copy of this resolution to Governor Andrew Cuomo, Senators James Seward, Thomas O'Mara, Michael Nozzolio, Assemblywoman Barbara Lifton, NYSAC, and to each County Board in New York. SEQR ACTION: TYPE II -20 Ms. Kiefer arrived at this time. * * * * * * * * * * 66 March 27, 2012 Capital Plan Review Committee Resolution 2012-51: Recommending Relocation of the Tompkins County Legislature to the Old Courthouse, Second Floor, and Recommending a Schematic Design for the Required Renovation (DOC ID: 3224) Motion To: Refer back to the Capital Plan Review Committee to look at the comments made during this meeting: Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] James Dennis, Member Michael Lane, Member Burbank, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer, Pamela Mackesey, Peter Stein Kathy Luz Herrera Vote on Motion to Refer to Committee RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 11] Peter Stein, Member Dooley Kiefer, Member Dooley Kiefer, Leslyn McBean-Clairborne, Peter Stein Burbank, Chock, Dennis, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Kathy Luz Herrera * * * * * * * * * * Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] James Dennis, Member Michael Lane, Member Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Dooley Kiefer, Pamela Mackesey, Peter Stein Kathy Luz Herrera Vote on Resolution ********** 67 March 27, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Michael Lane, Member James Dennis, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne Kathy Luz Herrera WHEREAS, the New York State Court System has identified the need to use the Chambers of the Tompkins County Legislature for operations of the Supreme Court, and WHEREAS, in the fall of 2011 the Court System accepted the plan for modest renovations of the Legislature's Chambers as proposed by Tompkins County, and WHEREAS, the historic Courtroom in the Old Courthouse currently used by New York State Supreme Court has been identified as a potential future home for the Tompkins County Legislature, with the advantage of reusing an historic facility, and WHEREAS, the Capital Plan Review Committee has worked with Facilities staff and HOLT Architects to evaluate whether the Legislature and accompanying staff offices can be adequately housed in the Supreme Court Courtroom, and WHEREAS, in order to decide whether the space would work, the Committee has studied numerous designs for renovating the space, and WHEREAS, input from Legislators outside the Committee and from staff has been sought, received, and incorporated into the design process, and WHEREAS, based on this study, the Committee believes that the Supreme Court Courtroom in the Old Courthouse can accommodate the Legislative staff and public on a temporary basis but that to provide adequate office and meeting space for Legislative business may require making use of more space in the Old Courthouse in the future, and 'WHEREAS, this alternative would at least temporarily, avoid the need to construct alternative space for the Planning Department and the Ithaca -Tompkins County Transportation Council at a cost of approximately $2 million, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That the Tompkins County Legislature plans to renovate and move into the Supreme Court Courtroom as soon as is practical, but no later than December 31, 2012, RESOLVED, further, That "Proposed 2nd Floor Plan - Option F" be recommended as the best option available, making good use of the space while largely preserving the historical nature of the room, at a cost that is likely to be modest and cost-effective, RESOLVED, further, That staff be directed to develop the budget for the renovations for final approval by the Legislature. SEQR ACTION: TYPE I1-20 Adjournment ********** 68 March 27, 2012 On motion the meeting adjourned at 8:48 p.m. 69 April 3, 2012 Regular Meeting Public Hearing Authorizing Public Hearings for Housing, Public Facilities, and Economic Development Needs for the Office of Housing and Community Renewal Community Development Block Grant Program The public hearing concerning the 2012 New York State Department of Housing and Community Renewal Community Development Block Grant Program was called to order at 5:30 p.m. Ms. Robertson asked if anyone wished to speak. John Spence, Director of Better Housing for Tompkins County, spoke about their Agency's desire to continue to partner with the County's Homeownership Block Grant Program. There has been a lot of interest in this program in the community with 84 people having signed up for the homebuyer workshops over the last six months. Better Housing has partnered with the County since 1994. Mr. McKenna arrived at this time. Ms. Mackesey said this is a wonderful program that allows families for the first time to purchase a home. Better Housing of Tompkins County prepares them for homeownership and shows them how to handle their finances. This program is important and should be supported as much as possible. Ms. Chock asked Mr. Spence if he could address any rise or fall in foreclosures. Mr. Spence said Tompkins County has been very fortunate and has not seen the foreclosure numbers that have been seen elsewhere in the country. Better Housing works with local lenders and has avoided some of the practices that have gotten homebuyers in other areas into trouble. People receive credit counseling and are assisted in improving their budgeting skills and credit rating. The rate of people getting into financial trouble in the County's program remains under three percent. Mr. Spence said the number of people who avail themselves of the program goes up and down but noted the need will continue to outmatch the funds. Ms. Robertson asked about public facilities. Mr. Marx said the key is the benefit has to go to low- to moderate -income loans. Mr. Lane said considering public facilities is an important question and the County should look carefully every year at this and consider if there are other ways to approach this. Mr. Spence responded and said last year Better Housing of Tompkins County partnered with Tompkins Community Action and received a block grant for housing rehab with a focus on sewer systems and wells in Tompkins County. No one else wished to speak and the public hearing was closed at 5:40 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Title Status Present Arrived Will Burbank Member Carol Chock Member Present James Dennis Member Late 5:48 PM Kathy Luz Herrera Member Excused Dooley Kiefer Member Late 5:40 PM Michael Lane Member Present 70 April 3, 2012 Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Late 5:33 PM Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present Presentation of Proclamation(s) Ms. Robertson presented the following proclamation(s): - April 2012 as Fair Housing Month in Tompkins County to Norma Jayne and Carol Bushburg of Ithaca Board of Realtors - April 8-14, 2012, as Public Safety Telecommunications Week in Tompkins County to Lee Shurtleff, Director of Emergency Response Ms. Kiefer arrived at this time. Report from Municipal Official(s) Nahmin Horwitz, Town of Ithaca Board Member, updated the Legislature on the Town Board's activities. Some Town Board members are concerned the Town's Emergency Plan doesn't have much substance and hopes the County's Plan does. A meeting was held with Beth Harrington from the County's Emergency Response Department, and Mr. Horwitz said he was dismayed to hear individual citizens are responsible for their own safety for the first 72 hours after an emergency. He said there is a resolution coming forward to the Town Board to support the worker's party demand for a living wage rather than support for an increase in the minimum wage. The Board passed a resolution calling on the State to provide funds to attack the hydrilla problem. Mr. Dennis arrived at this time. Lastly, Mr. Horwitz reported the Public Works Committee is working on developing a roads preservation law that will be following the County's model law. In response to questions raised concerning emergency plans, Mr. Shurtleff, Director of Emergency Response, said the County has an extensive Plan. Each Town is being encouraged to add to that Plan their individual Town's information such as a list of equipment, facilities, etc. that can be used for emergency events. He said 72 hours is encouraged for people to be self-sufficient for that period of time in the event emergency personnel is unable to reach them. Ms. Pryor announced Irene Weiser, Town of Caroline Board Member, has organized two sessions of emergency planning for local officials in April and May. It is preferable that people attend in person but the trainings are available online. Ms. Robertson spoke about the trainings and said Mr. Engman would have received this notice and could share it with Town officials. Mr. Stein said he would be looking into how town emergency plans and the County's emergency plan relate. Mr. Burbank said he believes there needs to be more community education again. Ms. Chock agreed and said given the range of responses to this issue being 71 April 3, 2012 raised, it may be time for information to be shared with municipalities and the community. Chair's Report and Appointments Ms. Robertson presented certificates to Ms. Chock for five years of outstanding service to Tompkins County and Mr. Lane for fifteen years of outstanding service to Tompkins County. Additions of Resolution(s) to the Agenda Motion To: Add the resolution entitled Acceptance of Park Foundation Grant to Support County Broadband Survey and Community Engagement Forums: RESULT: ADOPTED [UNANIMOUS] MOVER: Pat Pryor, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera * * * * * * * * * * Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda Resolution 2012-52: Appointment of Hearing Panel Members - Temporary Board of Assessment Review (DOC ID: 3154) RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera 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 Michael Cannon, Susan Lustick, Judy Malys, Josh Lower, Jan deRoos, Robert Walpole be appointed to serve on the 2012 Administrative Review Panels, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00. 72 SEQR ACTION: TYPE 11-20 April 3, 2012 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Environmental Management Council - term expires December 31, 2012 Darrick T.N. Evensen - Town of Lansing representative * * * * * * * * * * Health and Human Services Committee Resolution 2012-53: Increase of Hours - Administrative Assistant - Tompkins County Mental Health Department (DOC ID: 3194) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Will Burbank, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Tompkins County Mental Health Department has reorganized the Records Unit, which has decreased by 1.5 FTE over the last two years, and now requires the increase in hours of one Administrative Assistant, Job Code 535, position #551, from 35 hours per week to 40 hours per week, and WHEREAS, due to the depai tmental reorganization, no new monies are needed to fund this position change, and WHEREAS, the County Administrator has approved the Request to Fill a Vacancy, Form #461, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, that the position of Administrative Assistant, position #551, be increased from 35 to 40 hours per week effective immediately. SEQR ACTION: TYPE I1-20 Facilities and Infrastructure Committee * ********* 73 April 3, 2012 Resolution 2012-54: Budget Appropriation - Highway Division (DOC ID: 3197) This resolution was approved by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the County must secure the services of an engineering firm to assist in the implementation of its Road Preservation Law, and WHEREAS, funds to pay for such services, which shall not exceed $35,000, were not in included in the 2012 County Budget, and WHEREAS, funds adequate to support this cost are available within the Highway Fund Balance, and WHEREAS, pursuant to 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 adjustment on this books: Revenue: D599 Highway Fund Balance $35,000 Appropriation: 5110.54442 Professional Services $35,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2012-55: Appropriation from Contingent Fund - Terminal Pay - Information Technology Services (DOC ID: 3220) This resolution was approved by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Dooley Kiefer, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the Information Technology Services department had one Financial Systems Administrator retire effective February 24, 2012, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the 74 April 3, 2012 Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2012: FROM: A1990.54440 Contingent Fund $14,169.76 TO: A1680.51000766 Financial Systems Administrator $14,169.76 SEQR ACTION: TYPE II -20 ********** Resolution 2012-56: Authorization to Increase in Hours - Programmer/Analyst — Information Technology Services (DOC ID: 3225) RESULT: MOVER: SECONDER: AYES: EXCUSED: AWAY: ADOPTED [13 TO 0] Dooley Kiefer, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Frank Proto WHEREAS, the Tompkins County Legislature previously approved the reduction in standard work week hours from 40 to 35 for the position of Programmer/Analyst in the Information Technology Services Department (ITS) due to anticipated 2010 budgetary constraints, and WHEREAS, the Tompkins County ITS Department currently has funds available to restore the standard work week hours from 35 to 40 for the Programmer/Analyst position, White Collar Grade M (13), Job Code 622, due to staffing changes in the Department, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital and Personnel Committees, That one position of Programmer/Analyst, White Collar Grade M (13), Job Code 622, be increased to 40 hours effective immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Broadband Committee Resolution 2012-57: Acceptance of Park Foundation Grant to Support County Broadband Survey and Community Engagement Forums (DOC ID: 3290) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member David McKenna, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Internet plays a vital role in contemporary life, and is the technical foundation 75 April 3, 2012 for a vibrant and competitive future for any community, including playing a critical role in supporting business, educating students, communicating with constituents, and connecting our population to the world, and WHEREAS, the absence of broadband Internet retards economic progress, hinders engagement, reduces attractiveness to potential residents, and isolates both individuals and the community from participation in the global culture, and WHEREAS, the Tompkins County Broadband Committee has initiated a community engagement plan consisting of six public forums in various rural parts of the county that will help to provide the necessary information and public input to create informed decisions about improving broadband accessibility in our County, and WHEREAS, the Committee also seeks to conduct a formal study of end-user broadband demand to further engage residents, businesses, and institutions on their broadband needs in terms of quality of access and affordability, and WHEREAS, the Committee applied for and has been notified that it will receive a grant in the amount of $9,878 from the Park Foundation to proceed with this two-pronged community engagement plan, now therefore be it RESOLVED, on recommendation of the Broadband Committee, That the grant in the amount $9,878 from the Park Foundation for the Broadband Committee end-user study and community forums is hereby accepted and the Director of Finance is authorized and directed to make the following budget appropriations in 2012 according to the following account distribution: Revenue Acct Title 1231.42705 Gifts & Donations 1231.42705 Gifts & Donations 1231.42705 Gifts & Donations SEQR ACTION: TYPE I1-20 Amount $3,233 $5,780 $865 Approp. Account Title(s) 1231.51000 Regular Pay 1231.54400 Program Expense 1231.54303 Office Supplies * * * * * * * * * * Budget, Capital, and Personnel Committee At the request of Mr. Lane, Mr. Mareane said he will look into the question about the removal of sales tax on clothing and footwear and see if the County can take action. Minutes Approval - March 20, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Pamela Mackesey, Member Frank Proto, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Kathy Luz Herrera Adjournment On motion the meeting adjourned at 7:16 p.m. 76 April 17, 2012 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 Attendee Name Will Burbank Carol Chock James Dennis Kathy Luz Herrera Dooley Kiefer Michael Lane Pamela Mackesey Leslyn McBean-Clairborne David McKenna Frank Proto Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Peter Stein Organization Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Tompkins County Title Status Arrived Member Present Member Present Member Present Member Present Member Present 5:32 PM Member Present Member Present Member Excused Member Present Member Present Member Present Chair Present Member Present Member Excused Member Present Privilege of the Floor by the Public No member of the public wished to speak. Report from Municipal Official(s) Ellen McCollister, Common Council member and County liaison, provided an update on City government activities. Ms. Kiefer arrived at this time. Distinguished Youth Award Mr. Dennis, District No. 15 Legislator, announced Desiree Cochran of Trumansburg is the recipient of the Distinguished Youth Award for the month of April. She and her family were unable to attend this evening however, and he will present the award at the May 1st Legislature meeting. Ms. Mackesey, District No. 1 Legislator, took this opportunity to recognize and embrace all of the county's young people, in the aftennath of the recent deaths of three local young people, and read the following statement: "Tonight we would usually be recognizing one of our County's outstanding youth at this time. However, in the last few weeks our county has faced the sorrow of losing at least 3 young men and the 77 April 17, 2012 loss of so much promise so I am taking this opportunity to recognize and to embrace all of our youth to let them know how very important they are to us personally and to remind ourselves and them they hold the future of our county in their hands. "Tonight we honor our young people who take their community responsibilities seriously and offer their time and effort from an early age. "Tonight we honor our young people who, through no fault of their own, every day face daunting challenges. Parents with substance abuse problems, bullying by classmates, learning challenges, physical challenges, discrimination-- all of these challenges place a very heavy weight on young shoulders. For these youth, getting through the day is an exercise in considerable strength and determination. "All of our youth should know we are rooting for them. We want them to understand that we are in their corner because their success is very important to us and to the County. We salute you and embrace you". Ms. Mackesey announced that to nominate a local youth for the Legislature's Distinguished Youth Award, contact the Legislature Office. The Distinguished Youth Award is cosponsored by A&B Awards and Engraving, Bangs Ambulance Service, Purity Ice Cream, and Cayuga Radio Group. Finance Director Report Mr. Squires was asked to get additional information about this (tax exempt bond issue) including what the New York State Association of Counties is doing about this. Additions of Resolution(s) to the Agenda Motion To: Add the resolution to the agenda entitled Commemorating Corporal Christopher David Bordoni: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Michael Lane, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa * * * * * * * * * * Approval of Resolution(s) Under the Consent Agenda Resolution 2012-58: Appropriation of 2012-2013 Budgets for the Ithaca -Tompkins -County Transportation Council (DOC ID: 3258) 78 April 17, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa 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 2012 -2013 fiscal year, beginning April 1, 2012, and ending March 31, 2013, in the amounts of $300,175 from the Federal Highway Administration (FHWA), and $41,987 from the Federal Transit Administration (FTA), and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 2012-02, APPROVAL OF THE 2012-2013 ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL OPERATING BUDGET, which requests that the Host Agency (Tompkins County) take the appropriate actions to fully implement said operating budget, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the budgets for the Ithaca -Tompkins County Transportation Council, as presented in "ATTACHMENT A" to this resolution, be amended in the 2012 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2012, through March 31, 2013. SEQR ACTION: TYPE II -20 79 April 17, 2012 2012-2013 ITCTC OPERATING BUDGET (ATTACHMENT A) * * * * * * * * * * Resolution 2012-59: Award of Spring 2012 Tourism Project Grants (DOC ID: 3274) 80 Current Year Funds CODE DESCRIPTION 12/13 FHWA 12/13 FTA 12/13 TOTAL .4959 REVENUES: FEDERAL AID $300,175 $41,987 $342,162 EXPENSES: COMBINED SALARIES 184,691 23,080 207,771 .8800 FRINGE 104,351 13,040 117,391 .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 500 0 500 .4330 PRINTING 383 317 700 .4332 BOOKS/PUBLICATIONS 0 200 200 .4342 FOOD 200 0 200 .4400 PROGRAM EXPENSE 0 0 0 .4402 LEGAL ADVERTISING 250 500 750 .4412 TRAVEL/TRAINING 750 250 1,000 .4414 LOCAL MILAGE 700 500 1,200 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,500 0 3,500 .4425 SERVICE CONTRACTS 800 200 1,000 .4432 RENT 250 250 500 .4442 PROFESSIONAL SERVICE FEES 1,200 650 1,850 .4452 POSTAGE SERVICES 1,000 500 1,500 .4472 TELEPHONE 1,000 500 1,500 .4618 INTERDEPARTMENTAL CHARGE 300 500 800 TOTAL EXPENSES $300,175 $41,987 $342,162 * * * * * * * * * * Resolution 2012-59: Award of Spring 2012 Tourism Project Grants (DOC ID: 3274) 80 April 17, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa 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 Cayuga Nature Center2012 Great Hall - Permanent Exhibition - second phase $5,000 Downtown Ithaca Alliance 2012 Downtown Ithaca Winter Festival $12,000 Ithaca Children's Garden Bulb Labyrinth Memorial Garden $3,600 Ithaca Shakespeare Company 2012 Summer Season: The Ithaca Shakespeare Company $11,000 Paleontological Research Institution Did Dinosaurs Poop? Your Prehistoric Digestion Connection $3,500 Social Ventures, Inc. 2012 Finger Lakes International Dragon Boat Festival $15,000 The History Center Switched On: Tompkins County and The Birth of the Moog Synthesizer $3,000 The History Center 2012 Ithaca Scottish Games & Celtic Festival $12,000 Tompkins County Public Library Foundation 2013 The Hip Hop Experience $4,000 Total $69,100 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -6 * * * * * * * * * * Resolution 2012-60: Budget Adjustment - Highway Division (DOC ID: 3298) 81 April 17, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa 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 5111.44589 Federal Aid -Bridges 5111.43589 State Aid -Bridges 5111.42797 Other Local Gov't Contributions Amt Approp Acct Title(s) $56,000 5111.54411 Bridge Contracts $10,500 5111.54411 Bridge Contracts $ 875 5111.54411 Bridge Contracts Explanation: Covered Bridge Preservation Project Design Reimbursements. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa Environmental Management Council Carolyn K Peterson - At -large; term expires December 31, 2013 Stephen C. Nicholson - Town of Caroline representative; term expires December 31, 2013 Tompkins County Youth Board Christina Marie Ripley - Town of Groton representative; term expires December 31, 2013 Emergency Communications Review and Oversight Committee (term expires 12-31/2014) Peter Stein - Legislator, Public Safety Committee Chair Traffic Safety Committee (terms expire 12/31/2014) Jim Dennis - Public Safety Committee Member David McKenna - Public Safety Committee Member * * * * * * * * * * Planning, Development, and Environmental Quality Committee 82 April 17, 2012 Resolution 2012-61: Award of Spring 2012 Tourism Marketing and Advertising Grants (DOC ID: 3264) Mr. Robison asked if someone could go back through the records and see what was requested versus what was granted. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa 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 Cayuga Lake Wine Trail 2012 Holiday Shopping Spree $5,000 Cayuga Nature Center CayugaNatureCenter.org Website Enhancements $1,375 Community Arts Partnership 2012 Spring Writes: The Finger Lakes Literary Festival $2,750 Downtown Ithaca Alliance 2012 Downtown Ithaca Winter Festival $3,000 Downtown Ithaca Alliance 2012 Restaurant Week in Tompkins County $5,000 Hangar Theatre 2012 Bountiful Ithaca Package $2,500 Hangar Theatre Year -Round Hangar Theatre Marketing Brochure and Hospitality Partner Program $3,500 Ithaca Motion Picture Project 2012 International Fantastic Film Festival $2,600 Ithaca Shakespeare Company 2013 Winter Season $1,500 Cayuga Lake Triathlon 2013 Cayuga Lake Triathlon $2,250 Kitchen Theatre Company Kitchen Theatre Website Enhancement and Marketing Campaign $5,000 Paleontological Research Institution 2012 MuseumoftheEarth.org Website Enhancements $4,500 State Theatre of Ithaca, Inc. State Theatre Website Upgrade and Enhancement Project $5,000 The History Center 2013 Cayuga Trails 50 $5,000 The History Center Switched On: Tompkins County and the Birth $1,500 of the Moog Synthesizer 83 April 17, 2012 TOTAL $50,475 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 2012-62: Award of Spring 2012 Community Celebration Grants (DOC ID: 3272) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa 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: Aaalicant Celebration Award City of Ithaca 2012 GIAC Festival $1,100 City of Ithaca 2012 Juneteenth $1,000 City of Ithaca 2012 Boricua Afro Americano $1,000 City of Ithaca 2012 StreetsAlive $1,000 City of Ithaca 2012 First Peoples' Festival $1,000 City of Ithaca 2012 Annual Latino Heritage Month Celebration $1,000 City of Ithaca 2012 Congo Square Market $750 City of Ithaca 2012 Food Justice Summit $500 City of Ithaca 2012 Ithaca Greek Festival $1,000 City of Ithaca 2012 Ithaca Silent Movie Month $1,200 City of Ithaca 2012 "Anarchy Zone" Play Day Extravaganza $500 City of Ithaca 2012 Rhiner Festival $500 City of Ithaca Historic Dedication of the SSCC Gym $1,000 Town of Danby 2012 Danby Fun Day $800 Town of Dryden 2012 Dryden Lake Festival $1,000 Town of Enfield 2012 Enfield Harvest Festival $1,000 Town of Groton 2012 McLean's Happening in the Hamlet $500 Town of Ithaca 2012 Living History: Experiencing The Civil War $900 Town of Lansing 2012 Lansing Harbor Festival $1,300 Town of Lansing 2012 East Shore Festival of the Arts $750 84 Town of Lansing April 17, 2012 2012 Ludlowville Park "Unplugged" Concert $925 Series Town of Newfield 2012 Newfield Old Home Days $1,000 Village of Groton Village of Trumansburg 2012 Groton Olde Home Days $1,000 2012 Tru -Ulysses Winter Festival $1,000 Total $21,725 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 2012-63: Award of Spring 2012 New Tourism Initiative Grants (DOC ID: 3273) RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Leslyn McBean-Clairborne, Nathan Shinagawa 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 Project Award Cayuga Lake Scenic Byway Cayuga Lake Scenic Byway Geocache Trail $2,000 Cayuga Lake Watershed Network 2012 Canyou Canoe Cayuga $3,000 Center for Environmental Sustainability 2012 Earthdance Ithaca $3,500 Community Arts Partnership 2012 Spring Writes: The Finger Lakes Literary Festival $3,000 Cornell Cooperative Extension TC 2012-2013 Wine, Dine, Play & Stay $5,500 Downtown Ithaca Alliance 2012 Restaurant Week in Tompkins County $5,500 Hangar Theatre 2013 Winter Village Bluegrass Festival $12,000 Ithaca Fringe Festival 2013 Ithaca Fringe Festival $11,000 Ithaca Motion Picture Project 2012 International Fantastic Film Festival $11,000 The History Center 2013 Cayuga Trails 50 $10,000 85 April 17, 2012 Total $66,500 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 ********** Health and Human Services Committee Resolution 2012-64: Appropriation from Contingent Fund to Address State Aid Cuts to Youth Services Programs (DOC ID: 3248) The resolution was adopted by short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, the Youth Services Department, through subcontracts with several human services agencies and municipalities, has been operating programs as authorized by the County's 2012 budget process, and WHEREAS, the programs supported include: Advocacy Center, Bridges for Youth and Families, Child Development Council, Cooperative Extension, Ithaca Youth Bureau, the Learning Web, and Municipal Youth Service Programming (municipal youth allocations), and WHEREAS, based on the budgets presented by the Governor and both houses of the State Legislature, funding for youth programs will be reduced below current levels and therefore below the level of aid anticipated in the County's 2012 budget, and WHEREAS, it is estimated that the effect of the proposed aid cuts to Tompkins County will be approximately $67,417 which is a 32% reduction from 2011, and WHEREAS, if not restored through the appropriation of local dollars, programs and activities scheduled to be provided to the youth of Tompkins County this summer and over the course of 2012 through various municipal and not-for-profit organizations will be diminished or eliminated, and WHEREAS, the programs and activities supported by these funds are believed to reduce the frequency, duration, and level of care required in foster care and detention programs, thereby reducing the local cost of those mandatory expenditures, and WHEREAS, the County wishes to sustain the level of programs and activities put forward in the County's 2012 budget, thus enabling youth to be served and also providing time for the Youth Services Department and the agencies it supports to consider ways to adjust to diminished State support in conjunction with the preparation of the 2013 County budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, 86 April 17, 2012 and Personnel Committees, That this Legislature hereby authorizes the Finance Director to apply Contingency Funds in amount that is the lesser of the actual loss of State aid for youth programs or $67,500 to sustain programs and activities that are affected by the potential loss of State aid, RESOLVED, That the Finance Director shall return to the Legislature and report the specific budget adjustments required to reflect the specific revenue and expenditure adjustments that are required to meet the intent of this Resolution. SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2012-65: Authorizing an Expansion of the Duration and Coverage of a Mural to be Placed on the Old Library (DOC ID: 3285) Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] James Dennis, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison Carol Chock, Peter Stein Leslyn McBean-Clairborne, Nathan Shinagawa RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Mackesey, McKenna, Proto, Pryor, Robertson, Stein Michael Lane, Brian Robison Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, by Resolution 2010-127, this Legislature authorized the County's participation in the City of Ithaca Public Art Commission's (PAC) initiative creating its city-wide mural and street art program by agreeing to include the street -level curved wall of the County -owned Old Library building and space on the east side of the County -owned Building "C" among the sites participating, and WHEREAS, the resolution established the procedures that must be followed prior to the use of those buildings for such murals and street art, and WHEREAS, the resolution also limited the location a mural or street art installation at the Old Library to "the curved wall of the Old Library Building" and also limited the duration of the installation to a maximum of four months, and WHEREAS, the Community Arts Partnership (CAP) has been coordinating the implementation of the city-wide mural and street -art program, and 87 April 17, 2012 WHEREAS, the CAP awarded a grant to Greater Ithaca Activities Center (GIAC) who has designated its employee, local artist Jay Stooks ("the Artist"), to create a mural on portions of the facade of the Old Library, and WHEREAS, as required by Resolution 2010-127, the Artist's proposed mural design was reviewed and found acceptable by the CAP and the Facilities and Infrastructure Committee and was subsequently displayed and circulated to the full Legislature, and WHEREAS, all other necessary procedures, including securing a license from the County, have been completed to develop a mural on the Old Library, and WHEREAS, the full mural designed by the Artist and found acceptable by a majority of the Facilities and Infrastructure Committee would extend beyond the "curved wall," excluding any brick portions of the building, and would cover other adjacent "flat" painted segments of the walkway and terrace facade facing Cayuga Street, and WHEREAS, the Artist himself is satisfied with a four-month tenure, noting that much of his work has been more ephemeral, nevertheless the quality and durability of the mural design, can justify a departure from the four -month -maximum provision of Resolution 2010-127, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That authorization is granted to extend the mural as proposed by the Artist to beyond the "curved wall" to include adjacent painted "flat" portions of walkway and terrace facade at the street and first -floor levels along Cayuga Street, RESOLVED, further, That this particular street art may remain in place beyond four months and until otherwise directed by this Legislature. SEQR ACTON: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:36 p.m. The meeting reconvened at 7:46 p.m. Ms. Herrera was excused at this time. Member -Filed Resolution Resolution 2012-66: Commemorating Corporal Christopher David Bordoni (DOC ID: 3309) 88 April 17, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, the people of Tompkins County were grieved to learn that United States Marine Corporal Christopher David Bordoni, died on April 3, 2012, at the San Antonio Military Medical Center from injuries sustained in the service of his country while in combat in Kajaki, Afghanistan, and WHEREAS, Cpl. Bordoni was born on August 3, 1990, in Ithaca, New York, and grew up in Tompkins County, and WHEREAS, in 2008, he graduated from Ithaca High School, and WHEREAS, Cpl. Bordoni enlisted in the United States Marine Corps, received training, and rendered honorable and vital service to the United States of America in important theaters of operation at home and abroad, including two tours of duty in Afghanistan, and WHEREAS, in 2011, Cpl. Bordoni married Jessica Korherr Bordoni, who survives him, and WHEREAS, in addition to his wife, Cpl. Bordoni is survived by his mother, Carol Bordoni Sprague; his father Timothy Bordoni; his sister and brother, Jacqueline Bordoni and Casey Bordoni; his grandparents, David and Phyllis Sprague and Camillo and MaryEllen Bordoni; as well as members of his extended family and in-laws, and WHEREAS, Cpl. Bordoni received many decorations for his distinguished service, including the Purple Heart, and WHEREAS, on April 12, 2012, Cpl. Bordoni was buried with full military honors in Calvary Cemetery in Ithaca, now therefore be it RESOLVED, That the members of the Tompkins County Legislature, on behalf of all of the people of Tompkins County, hereby express their heartfelt condolences to Jessica Korherr Bordoni and to all the members of the family of Cpl. Christopher David Bordoni for their terrible loss, RESOLVED, further, That this Resolution be spread upon the minutes of the Legislature, and that a certified copy thereof forthwith be transmitted to the family of Cpl. Christopher David Bordoni, with our deepest gratitude for his exemplary service, and our full and humble acknowledgement of the supreme sacrifice he has rendered for all of us. SEQR ACTION: TYPE II -20 ********** Moment of Silence Ms. Robertson called for a moment of silence in memory of Corporal Bordoni and all others who have lost their lives in service to the Country. Minutes Approval — March 27, 2012 and April 3, 2012 89 April 17, 2012 March 27, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] Pat Pryor, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Dooley Kiefer Leslyn McBean-Clairborne, Nathan Shinagawa April 3, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] Brian Robison, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Dooley Kiefer Leslyn McBean-Clairborne, Nathan Shinagawa Adjournment On motion the meeting adjourned at 8:22 p.m. 90 May 1,2012 Regular Meeting Public Hearing - Authorizing Public Hearings for Housing, Public Facilities, and Economic Development Needs for the Office of Housing and Community Renewal Community Development Block Grant Program Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the 2012 New York State Department of Housing and Community Renewal Community Development Block Grant Program and asked if anyone wished to speak. Ed Marx, Planning and Community Sustainability Commissioner, reminded the Legislature that several weeks ago there was a public hearing on the needs in the community and the only project presented was by Better Housing of Tompkins County for continuing the Homeownership Program. This hearing is in reference to that project with respect to the submittal of an application to continue the Homeownership Program for Tompkins County. Rosie Zifchock, Better Housing of Tompkins County, said the Homeownership Program creates a stronger community There have been 328 closings for median income families to be able to purchase their first homes and there has been over $19 million leveraged with local lenders on behalf of this program. She distributed brochures for Legislators. No one else wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the flag. Roll Call of Members Attendee Name Organization Title Status Arrived Will Burbank Tompkins County Member Present _ Carol Chock Tompkins County Tompkins County Member Member Present James Dennis Present Kathy Luz Herrera Tompkins County Member Present Dooley Kiefer Tompkins County Member Present Michael Lane Tompkins County Member Present Pamela Mackesey Tompkins County Member Present Leslyn McBean-Clairborne Tompkins County Member Present David McKenna Tompkins County Member Present 5:34 PM Frank Proto Tompkins County Member Present Pat Pryor Tompkins County Member Present Martha Robertson Tompkins County Chair Present Brian Robison Tompkins County Member Present Nathan Shinagawa Tompkins County Member Present Peter Stein Tompkins County Member Present Presentation of Proclamation(s) Ms. Robertson presented a proclamation declaring May 4, 2012, to be "Hot Dog Day in Tompkins County" to Louis "Lou" Cassaniti. Proceeds from this event will be donated to the Tompkins 91 May 1,2012 County SPCA to ensure continuation of the work of the agency. Mr. McKenna arrived at 5:34 p.m. Distinguished Youth Award Mr. Dennis, District No. 15 Legislator, presented the April 2012 distinguished Youth Award to Desiree Cochran, a senior at Charles 0. Dickerson High School in Trumansburg for the several hours each week she spends volunteering with children. Privilege of the Floor by the Public Brandon Douglas, Ithaca, Tompkins County Workers Center representative, made the following statement: "My name is Brandon Douglas, and I live at 106 South Cayuga Street, above Pete's Bar, which also has a head shop underneath it apparently, one of seven in Ithaca. "So what is it like working for minimum wage? I am speaking currently out of fear. I am afraid that I may not have a place to live in the near future. Say I want to feel safe; I want to have peace of mind that goes along with financial security. Needing time, and making choices between making rent as my housing costs increase, or do I want to eat, or do I want to have heat. "Food bank always does have open doors, but I look at the food available as I pick up the food and it is often beyond its sell -by date, and I begin to feel like a second-class citizen. I feel that this will be my life. Each day will get worse unless it changes. "Changes that need to occur start with me asking for help. I cannot demand change, but I can show the results of decisions that are made beyond my control and tell you stories of how people like me earn a living. I can tell you facts about my daily life, about people in my life and friends I am around. It is hard for me to admit to you that I cry every night. Nothing is secure that I will have a living. "I can't afford to go to school on what I make to help me through life and get a better, have a better outcome on my life. I've lost three jobs in the past five months, most of which due to downsizing or businesses closing. "Preparing these words and thinking about presenting this to you has been unnerving as searching for another job. It is at the point that humility has become humiliation and being humble has become an embarrassment. I cannot reinforce enough the need for higher wages for people and to introduce us with more jobs. Small businesses are shutting down left and right; people are losing their livelihood, and losing to large businesses where they cannot control anything. "I wish I knew what would happen. I wish I knew, I wish that when I was in high school we were taught what to... I wish there was a model to prepare us for what basic living needs actually meant. Teaching us how to file for unemployment, showing us what it was like to file forms for food stamps, or how to file for Medicaid, or how to obtain a housing voucher. I wish someone explained to us the need for help greater than the ability to provide for it. From a young age I wanted to learn how to make a difference. So I went to school, I took tests preparing me for college, which ended up leaving me with a death sentence. 92 May 1,2012 "In speaking out against our current minimum wage and for a higher increase, I want to live with peace of mind and serenity, not stress or worry. I am tired of waking up in the middle of the night scared for the next day. I don't know anything, and that is probably my biggest insecurity. I feel as if a lot of this, a lot of what I am saying, is falling on deaf ears or what I need to change will actually change, that a change will occur. "I do have the ability to speak my mind, even if I have a shaky voice. I can assert myself to you knowing what I do need and then feeling empowered by it. I keep trying to have faith in the next day, and faith that the system will work, but currently it is failing. It is currently failing me; it is currently failing my friends. Thank you for your time." Diana Ceja, Ithaca, Tompkins County Workers Center representative, made the following statement: "Hi. Good Afternoon everyone, my name is Diana Ceja, I help out at the Worker's Center. I am part of the leadership team and am also an active community union organizer, and I can definitely relate to what Brandon has shared with us today. I went to school around here, Tompkins County Community College, I got my tee shirt, and I also went to Cortland shortly afterward and got my degree in political economics. "Myself and my peers, as Brandon was saying, are having a difficult time in the job market and unless decisions are made that will change the way that things are done, it will continue to occur this way, especially with the youth that are graduating high school to then join the workforce if not already. So, what I plead to the people of the Legislature is to honestly think about the decisions that you make in this room and behind closed doors because not everyone is afforded the same opportunities as myself and was not able to go to school and to know really how the system works and politics, and how the economy, how resources are distributed, and how this is done. "I have a sister that works in a minimum wage job. She has two children and so does her boyfriend. They work full time and they have a hard time making ends meet. They are responsible people, they are kind people, they are good parents, they are responsible citizens. They pay taxes, and yet they have a hard time making ends meet and I fear for them. I fear for my family and what will happen to my nieces in the future, as I am sure that not just myself does. Anyone that knows her, anyone that does not have a job with benefits, that has security in it, and so I plead for you, when you have to make decisions to consider all of these, not just the numbers but the personal testimony of people that are living that, under those circumstances of the minimum wage. I personally have three jobs and it is not in the field that I studied but with a bachelor's degree I can at least get a slightly better paying job than someone with no education and a minimum wage. Is that right? It is not how it was intentionally, intended to go and I know that some people from previous generations were able to work beforehand and were able to afford cars and houses and work full time; that is our history. What happened to that? Now we just have everyone struggling, you know. We have citizens that don't want to rely on government assistance. This is the truth, they don't want to; they have dignity, they want to work, and they want education. Education is getting more expensive all the time. So, please consider these things when you make this decision because you cannot change everything, but you can influence it. This right here, this, you can support the resolutions, you can choose to change them, you can encourage business owners to become living wage employers to provide their workers with benefits. Because, the money is out there and people are tired of working so please help us out. This is a very progressive town and you're all wonderful people. I've heard you speak, I've come to the budget committee meetings and I think you are amazing, I think this town is amazing, and that wonderful things can happen here, so please allow them to and be part of that process because we are leading the crusade. Thank you." 93 May 1,2012 Karl Fitzke, Town of Ithaca, made the following statement: "Yes, hi, my name is Karl Fitzke, I live in the Town of Ithaca on Rachel Carson Way. I am a husband and father of two young men and an electronic and audio engineer. I am also a member of the local Ithaca Move to Amend affiliate; many of our members are here tonight to speak. "I want to talk about the concepts of corporate personhood and artificial persons. Sorry if it sounds a little bit like a lecture, but I think it is helpful to have some background information since some folks are not familiar with all of this stuff. "Humans invented corporations in ancient times, so I understand things, and I think it made and continues to make sense to get some things done through private enterprise rather than government action. It is really a balance of the two that was kind of a genius of our Country's founding, but the welfare of the public is really what ultimately should be served by our own inventions like corporations. So, since as far back as the sixteenth century, I think we have granted corporations certain attributes that living, breathing people have. As a convenience, they can enter contracts, for example, be party to lawsuits, pay taxes, so in this sense we consider them artificial persons. But that is not to be confused with corporate personhood, which is the issue at hand and what we hope to address in the Country right now. "Thanks to corporate personhood, right now corporations enjoy all human rights, and that is a concept that is clearly ludicrous. I didn't see any corporations here tonight pledging allegiance to our flag, many of them going multi -national. It is kind of humorous except what some of the larger companies have been doing with their powers, which clearly off -shadow most individual living and breathing persons. "I understand that others in Move to Amend and others speaking on this topic will use their time to try to provide some more examples of abuse that we are currently subject to. They are the very kinds of monopoly, in my mind, of corporate control of government that inspired the Boston Tea Party and the beginning of the American Revolution, so I'll just say corporations should really be tools for us, we should not as the currently popular disparaging remark goes, `Be tools for them." "What is corporate personhood? In opposition to corporate, I am sorry, artificial persons. It really goes back to the 14th Amendment of the Constitution, which was created to explicitly establish and protect rights of real human beings who had not enjoyed such rights to date since they were slaves. Unfortunately, the 14th Amendment in one part of Section 1 does not specifically refer to the natural persons as it does earlier in that section. It just refers to persons; and that is a kind of loophole that Supreme Court Justice without any discussion or political process involving "We the People", this Justice just declared in case notes to the case Santa Clara vs. Southern Pacific Railroad, that artificial persons should enjoy all the same rights and natural ones, and as I already said this is documented in the case notes for that case and there is a lot more interesting history about that if you are interested I suggest you look it up. "It's three minutes, okay, I'm wrapping it up, thanks. So, this is just I think inappropriately led to a legal precedent and I want to thank those that worked on resolutions for the Legislature so far, but I really want to encourage you to amend that to really end corporate personhood and take money out of politics." Neil Oolie, Ithaca resident and representative of Move to Amend, made the following statement: 94 May 1,2012 "Good evening, my name is Neil Oolie. Victor called me a couple of days ago asking if I could fill in for someone to do this tonight. I tried telling him I was too shy, but it didn't work. "This is a copy of the Constitution of the United States, so it looks like a pretty thick book, but it really, the Constitution itself is only a few pages, plus a few pages of amendments; a fascinating document. It talks about rights; it talks about "We the People". Okay, all of us here today, we have rights. We have rights because we are people; these rights are inalienable. We are human beings, born of mothers. "Corporations are not human beings, they are artificial legal constructs. Legal constructs have been created around corporations to facilitate commerce and other interactions. These legal constructs give corporations privileges. Makes it easier for corporations to sign legal documents and contract with other corporations and with people. Privileges, not rights, okay. "You've given them these privileges and they have abused it, okay. Now I know this is hard to imagine, if you lived in the 17th century that some day corporations, foreign corporations, would have the right to influence our elections the way they do today. That is something that we have to think about. Something that you guys are being asked to think about, okay. Well, let's not forget that corporations, by their very nature, are in reality property, no different than your house or your car. "Now corporations are claiming status equivalent to you, a human being. They are claiming rights under the Constitution. The State of Florida, the Legislature to the State of Florida, in order to control the growth of chain stores attempted to tax them at a higher rate than small, locally owned stores. The chain stores went through court and the law was struck down under the equal protection clause of the 14th Amendment because, as Karl said, they left out the concept of them being natural born humans in that statement. "Another example is protection against search and seizure. We have the right to drink clean water, water that won't make us sick, but corporations are dumping all sorts of stuff into our waterways. I do not have the right to take a little bottle and go and test the effluent from a building to have it tested to see what is in it because that building and the property are private property. I don't have the right, you don't have the right, your agents, the Department of Health, doesn't have the right to do this without a warrant or without making an appointment. So, if you make an appointment what are they going to do? Well, any evidence will be gone by then. They are claiming they have these rights under our Constitution. "I am asking you, as our representatives, Leslyn, you as my representative, to say that we want a no compromise amendment, one that says that corporations are not people and do not have the same inalienable rights as "We the People". Thank you." Amanda Manfredo, Danby Road, Move to Amend representative, made the following statement: "Good afternoon. I am Amanda Manfredo from 1508 Danby Road in Danby, and I am going to talk to you about money as a form of speech. "Everyone who lives in a place should have some say in how things are done, just as I am doing now. The First Amendment was guaranteed to the citizenry of this country in a time of soapboxes and public squares, which are free, and times have changed. While it has become easier, in some sense, to have your voice heard on a national level through our technology, it is also prohibitively expensive for 95 May 1,2012 most to buy the tv time to do so. Candidates for public office do need financial help, but too much help from a limited number of sources begs the question of whom a candidate will serve once in office. "In a 1971 attempt to address this, Congress passed the Federal Elections Campaign Act, or FECA, and this did several things. It put clear limits on how much any one person or committee could give to a party or a candidate, it limited how much such an entity could spend on politics in a year, it made it a rule that they have to keep track and disclose how much they spend on politics in a year, and it created the FEC which is supposed to enforce those limits and rules. Then in 1976 came the U.S. Supreme Court decision of Buckley vs. Valeo. The Court upheld the limits on dollars you can give to a party or candidate for them to spend, but it said the limit on how much could be spent by outside entities such as corporations was a violation of our first amendment rights because it is a limitation of free speech. "Now, in one sense they were right. To spend your money on politics or what you believe in can be construed as a form of speech and is something I like to participate in myself a few times a year whenever I can afford it. But in another sense, they were dead wrong because there are some things that a person just can't legally buy. You can't legally buy heroin or slaves, or sex, or the service of having his rival's murdered, and he can't buy government. The reason obviously is that some things that may be bought may be harmful to someone else. To equate money spent with Constitutionally protected free speech gives us the result that a bunch of rich guys can purchase government that is amenable to their exclusive desires. And for that reason, the right to spend your money in the political realm must be regulated for the sake of maintaining government as a public institution. The interest of corporations and the super -rich are not the interests of the general public. They want more profits at the sacrifice of a living wage, the sacrifice of workers safety, equal treatment in a court of law, all for more profits. "Now laws have already been passed that serve a desire for profits over human dignity and we clearly see this in the privatization of our prison system, which is just one example of where we have turned public funds into private gains. Prisons for profit spend millions of dollars per year lobbying for minimum mandatory sentences that put more people behind bars, often for non-violent crimes. More prisoners means more profits. "The effect of financial support on government officials needs to be minimized to the greatest extent possible. Democracy works on the principle that every voter has a voice of equal volume. When money is construed to be a form of public political speech, those with more of it have more say. That is no longer democracy; that is plutocracy. "For these reasons I implore you, my County Legislature, to make a statement to the US Congress saying that "We the People" will not stand for having our voices drowned under the values of corporate political money speech. Please amend Mr. Stein's resolution to include that money spent on politics by outside entities must be regulated. Thank you." Victor Tiffany, Danby, and Move to Amend representative, made the following statement: "Victor Tiffany, I am also with Move to Amend and I live in Danby. "I want to address this resolution that is actually before you tonight. It actually does not join the thousands of people it claims to. It is in fact misleading in that regard and is one reason it needs to be amended. This resolution is unique, and therefore, presenting it to Congress as part of a movement would be confusing to Congresspersons. 96 May 1,2012 "It is self-contradictory. The Whereas statements in the beginning of it, particularly the third one, actually points toward abolishing corporate personhood and then in the Resolved section it ignores corporate personhood. It is self-contradictory. As Amanda pointed out, it doesn't go to the crux of Citizens United. That is what it is based on, that you can't control money because it is a form of speech. If you are going to overturn Citizens United you have to end the doctrine that money is speech. "So, what it does do is gets special interest out of politics, and that is a great thing. I've seen that mentioned in amendment proposals that we want Congress to pass; part of proposals that also overturn corporate personhood and the doctrine and money is speech. So as it stands, it's great, it just needs to be amended, you just need to add a little bit to it. "You are not writing an amendment here, the language does not have to be precisely crafted, you are just advising Congress to amend the Constitution to do certain things. Get special interest out of politics, great idea; end corporate personhood, end the doctrine that money is speech. If I heard any feedback that was negative from constituents as I went door to door promoting this, is that you shouldn't be spending a lot of time on this. And you want to know what, they are right; you shouldn't be spending a lot of time on this. "Amend this resolution tonight, pass this resolution, get it behind you, so that you can get to the things that are important locally, that your constituents want, and we, in Move to Amend, can go on to other bodies of government, Town Board and State Government. We have more important things to do, you have other important things to do. Let's get this over with tonight and stop going back and forth between Committee, and this meeting, and back to Committee and this meeting. Let's do this tonight and get it over with. Thank you for your time." Lorri Stage, 77 Trumbulls Corner Road and Highway Division employee, made the following statement: "Hi, I am actually going to read a speech that was written by Geri Lockwood, she was unable to attend tonight due to her father is in the hospital. She is the Administrative Assistant to the County Highway Department and she has been employed there for 13 years and 11 of those years the Highway Division has been operating under very poor management and leadership and guidance and finally we are feeling confident that the transition with Cheryl Nelson being there is very effective. "We all work pretty good together and she is actually closer to the Highway Manager than we are, but we all are here to express our support for Cheryl Nelson and we would like her to be appointed to the position permanently. In the short time she has been the intern Highway Manager, she has achieved a multitude of accomplishments such as the Division has shifted from dysfunctional to functional for the first time in several years. Meetings with the appropriate staff were held regarding the summer work plan and most of the associated work orders were prepared prior to the start of the construction season and the staff was aware of what was going on. "She has also made staff accountable for their actions, their decisions and assigned work tasks. You may realize the communication with the Legislature is downtown and within the Division has improved significantly and is ongoing for the first time in a very long time. People are not running downtown as they have in the past. "When necessary, she asks for and considers input from appropriate staff members before making decisions. She thoroughly understands our budget process, is strong, and is an extremely capable leader. Overall morale is at an all-time high. 97 May 1,2012 "She quickly earned and has the support and respect of many of the Highway staff and a petition has actually been around with nearly 70 percent of the available staff signed to support her. It was also submitted to Joe and Anita. She is committed to making us successful and she is extremely dedicated to the County. Cheryl has been performing the duties of the Highway Manager at a salary of the Public Works Administrator when John Lampman was the interim and I believe he was paid the Highway Manager's salary. She has also been saving the County money. "Although she may not have a college degree, she has many years of experience and an incredible wealth of knowledge, and more importantly, she has proven herself and she is qualified for the job. "Joe recently admitted to the Highway staff that Cheryl is doing an excellent job. The message I am hearing is that excellent is not good enough. If the Highway Division is operating so well why not leave things status quo. Why mess with success. "Tompkins County boasts itself in promoting diversity. Who better to fill the position than a female in a non-traditional role. My opinion is that she would be the best woman for the job. And I would also like to address that there was a comment in the last meeting that we had about being qualified, that there are certain qualifications to get a job. Well most of the qualifications that we have gotten to do that is by on-the-job training and that is what Cheryl has been doing all along and she has all of our support. Thank you." Jeff Furman, Ithaca, made the following statement: "I guess I would like to start off by recognizing that it's May Day, May 1st, and honoring the men and women who have worked so hard in their lives all over the country. Some have died in coal mines, some can't get health insurance for their kids, some no longer work 40 hours a week, but have to work 60 hours a week just to make a livable income, and not necessarily make a living wage. This is something we should just pay attention to on this first of May. We spend a lot of time honoring the job creators and worrying about them, lets pay attention to the job -doers for a moment. "I also want to spend a little time talking about the living wage thing, but before I do that, listening to the other speakers I was kind of amazed that half the speakers are coming up here saying get the money out of politics and half the speakers are saying put the money in the hands of working people. There must be something we are able to do with all this money, and we can move it along in a different direction. "I do want to talk about a living wage. It is an issue that I have been personally engaged in for a long time and I am going to speak about it wearing a hat from the business community, business world; it is something that we have been doing at a business that I am connected with for over twenty years. It has turned out to be an incredibly successful way to run out business. "Today, we pay $15.97/hr. for anybody that starts work at our company. We are highly profitable. There is health insurance included, there is a pension plan included, there is the training, and there is work to make a dignified life condition for anybody that works there. We pay attention to all that, and we are not alone. There are businesses here in the community that do that as well. There is the Credit Union, there is a hundred businesses that are connected to the Workers Rights Center. So we can have a big business, we are now global, we are trying to figure out with how to deal with what a working living wage number is around the globe. It is a little complicated, but we can still continue to do that. So, I think that is very important. 98 May 1,2012 "I encourage you, in terms of a living wage amendment, to make sure that it is based on a living wage; that you adopt the principle. The principle is incredibly important. It shouldn't be based upon a minimum wage plus inflation; you will never get to a living wage if all you consider is inflation. You certainly can say inflation, plus something, let's get there in four years. Lets deal with all the problems, but you are also talking about the problem of business; you also have to pay attention to the problems of the men and women who are working every day. "The last thing I will mention is around the resolution about the Move to Amend. We're Ben and Jerry's and we always say Ben is a person, Jerry is a person; Ben and Jerry's is not a person. We are working to get the money out of politics and I believe that should be a very core part of that amendment. Thank you." Gretchen Herrmann, Bostwick Road, made the following statement: "Hi. I'm Gretchen Herrmann, I live at 433 Bostwick Road, and yesterday I signed on the dotted line to get solar panels at my house, Yeah! Work against gas drilling. But then guess what I saw in the Ithaca Journal today, that the Tompkins County Board of Reps is planning, or likely to, eliminate the personal property tax credit that comes with this. I think this is really shortsighted. The whole idea is an inducement for people to do the right thing with something like solar panels. It takes an incredible amount of money; you break every piggy bank you've ever had to start with the up -front money to get this going. One of the reasons I felt good about this is it would be supporting local businesses and the like, and yet, to eliminate the tax credit would probably be a disincentive and there would be less business with regard to the solar panels and less local business. "I understand that the County has a lot of revenue difficulty because of the tax exempt status of so much of the land in Tompkins County, however, this is not the way to make it up. If you want to take apart the commercial and the residential you will have to go to Albany to really fix the law and make it work properly. It is not right to do it on the backs of the citizens and the small businesses in Tompkins County." Caleb Thomas, City of Ithaca, made the following statement: "Hello, my name is Caleb Thomas and I live at 501 South Cayuga Street, and I want to start out by saying, Thank you, for serving here. Thanks for serving the community. Last time I was in speaking to the County was about the mural program around the corner on Court and Cayuga. Thank you for any of you that voiced your support there and helped make that happen. It is brightening up an area of our community "I live down near Southside, which is another one of the many hubs of low-income neighborhoods in our County. There are many of them and a lot of you can think about the people that are hurting the most in your area that you are representing. These are the people that I want you to think about when you are making decisions tonight and other nights. I don't know a lot of details about Move to Amend or about living wages. Other people that think really well about this stuff that know economics and business much better than I do, and I was not planning to speak tonight but I was really moved today by so much that was happening on the Commons and by the rally outside. "My request is pretty simple, it is just that in each decision that you make in this room, in your committee meetings, in our daily lives, that we think about the people that are hurting the most in our communities. 99 May 1,2012 "Lastly, I'll just mention Congo Square Market on Fridays, great place to celebrate community and build the kind of community we want to live in. All of you are invited down; maybe you came down before the Mayor debates last year. Come on down, it is a wonderful event, and thank you so much for being here tonight and listening to everyone. Thank you." Richard Furnas, Ithaca, made the following statement: "Hi, my name is Dick Furnas, I live at 111 Clover Lane in Ithaca; I also recently signed on the dotted line for some solar panels and feel as though the larger issue in my mind is not whether I personally get a tax credit or not, but rather, what can we do to see to it that entities that are pursuing renewable energy wind up being able to do that. There is a variety of subsidies that is explicitly spelled out that is associated with renewable energy. There are vastly more extensive subsidies that we don't hear about or that other energy producers have managed to substantially externalize their costs associated with producing energy. Do we count wars as part of the cost of getting energy the way we do now it certainly doesn't show up as an explicit subsidy for some of the techniques we have for energy production. I really feel as though the issue of the tax opting out is something that really deserves to be addressed at the State level, that the considerations that went into the decision in Albany to provide for this sort of incentive helped to recognize the importance of alternative energy and that choosing to opt out of it as suggested earlier is a rather short-sighted view of things because the cost that will be incurring associated with not supporting alternative energy will be enormous. Thank you." Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, made the following statement (Legislator Chock requested later in the meeting the statement concerning the proposed opt -out exemption local law be recorded in the minutes): "With respect to the opting out of the part of the Real Property Tax Law dealing with exemption for residential and industrial solar and wind and farm waste energy, it is not something I am happy about our doing, but we have thought about it very carefully. There are three taxing jurisdictions that will affect Black Oak, the Enfield wind farm. Two of the other jurisdictions, the School District and the Town of Enfield, have opted out of this exemption, and in order for us to participate in discussion with what a PILOT agreement might be, which decides how much the commercial -sized wind farm might have to pay, we have to opt out of this exemption. We are well aware that to even encourage this local community wind farm it is important how it gets told to spend money. And, yes, we need revenue at the County, but that is not why we are doing this. We would like to help support the wind farm in my view, but by keeping the initial amount we are asking them to pay us low so that they can get started. We have the ability, and it is my intention as the Government Operations Committee Chair, to bring back a resolution for us to opt back in once construction has begun on this industrial sized wind farm in Enfield. "We have the ability to opt in and out and we can do it repeatedly. We have not opted out of this exemption before because we saw no need to and there are probably 90 some requests for that exemption lined up in our Assessment Department should the data ever show that the existence of solar panels or wind turbines on a residential structure means that their value has gone up in terms of market sale value. That hasn't happened yet. When that happens, then this exemption for residential will be really important. So, we have time to treat the community wind farm in Enfield in a fair way, in my view, and to opt back into this exemption as soon as they start construction, which I think sounds so wrong to you all and it sounds wrong to me too and you are both absolutely right that the cure for this is to go to Albany and see that this particular part of the Real Property Tax Law should distinguish between residential and commercial/industrial, which the law does for many other instances, but not for this one." 100 May 1,2012 Ms. Kiefer requested the public speakers comments made this evening be recorded verbatim in the minutes. Budget, Capital, and Personnel Committee Resolution 2012-67: In Support of A-9148 Increasing the Minimum Wage in New York State Motion To: Substitute Resolution No. 67 (ID 3369) with the Resolution entitled In Support of Increasing the Minimum Wage in New York State (ID 3247): RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [6 TO 9] Carol Chock, Member Will Burbank, Member Burbank, Chock, Luz Herrera, Mackesey, McBean-Clairborne, Shinagawa Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Stein WHEREAS, the Minimum Wage within New York State has increased by only 10 cents per hour, to $7.25 since its last adjustment five years ago, an increase of just 1.4%; and WHEREAS, inflation has averaged approximately 2.8 percent a year since 2004, and according to the National Employment Law Project, the minimum wage would be $10.39 per hour, had it kept up with inflation over the past 40 years, and WHEREAS, a poverty -level Minimum Wage imposes significant hardship on hundreds of thousands of NY working families with children, and WHEREAS, several local nonprofit service organizations providing emergency food, clothing, and basic needs assistance have reported sharp increases in new client caseloads in Tompkins County in the last two years, and WHEREAS, no one should be forced to depend on public assistance or social services if they have a full-time job, and WHEREAS, based on the cost of living in Tompkins County, the Tompkins County Workers' Center has set the 2012 living wage, which is defined as the wage at which an individual working 40 hours per week without health insurance can meet the basic necessities of life, at $12.78 an hour, and has called for the minimum wage to match that level, and WHEREAS, the Living Wage is calibrated to provide a basic minimum standard of living for workers, allowing them to avoid dependence on tax -funded public assistance and social services, and WHEREAS, raising the minimum wage would put much-needed cash in the pockets of more than 1.2 million New Yorkers, who are most likely to spend those extra dollars in the local communities, providing economic stimulus and sales tax revenue to local governments, and WHEREAS, with Assembly Bill A 9148, Assembly Speaker Sheldon Silver has proposed to raise the minimum wage in New York State from $7.25 an hour to $8.50 an hour, and to index annual increases in the wage to the Consumer Price Index (CPI), which would allow workers and their employers to plan for predictable increases in the wage, help prevent erosion of purchasing power by inflation, and help avoid the recurring political fights that have kept the minimum wage at inadequate levels, and WHEREAS, the cost of living in New York State is higher than the national average and New York has the most unequal income distribution of the 50 states, in part as a result of the fact that a New Yorker working 40 hours per week at the minimum wage of $7.25 earns a little less than 27 percent of the state average weekly wage, an amount lower than any other state, and WHEREAS, 18 other states, including our neighboring states of Connecticut, Massachusetts, and Vermont, have higher minimum wages than the federal and New York minimum, and WHEREAS, President Obama has called for increasing the federal minimum wage to $9.50 an hour, and 101 May 1,2012 WHEREAS, as a moral issue, the Tompkins County Legislature supports the principle that no one who works full time should be poor; that wages should be set at a level at least sufficient to provide an individual with the basic necessities of life without depending on charity or government assistance, now therefore be it RESOLVED, on recommendation of the Workforce Diversity and Inclusion Committee, That the Tompkins County Legislature, at minimum supports the Assembly Speaker's proposal to increase the minimum wage in New York State to $8.50 an hour and to index it annually to the Consumer Price Index, RESOLVED, further, That the Tompkins County Legislature urges the State legislature to consider a substantially higher minimum wage in fact increasing the minimum wage to a true living wage and urges the Assembly speaker and other representatives to modify Assembly Bill, A.9148, to reflect an increase to $12.78 instead, with future wage changes being indexed to the New York State cost of living, RESOLVED, further, That any such increase of the Minimum Wage to a Living Wage must include appropriate mechanisms to ensure that small businesses not suffer any undue burden from its implementation, RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo, New York State Senate Majority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Senator James Seward, Senator Michael Nozzolio, Senator Thomas O'Mara, and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE 11-20 Explanation: Alternatives Federal Credit Union has set minimum wage at $11.67 currently. By adding $1.11 to this amount for a total of $12.78, the additional income would enable low-income wage earners who do not have medical insurance the ability to purchase medical insurance through Healthy NY, which would reduce dependency on government benefits. ***** Motion To: Amend the second Resolved to "$11.67 an hour with benefits by January 1, 2014": RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [7 TO 8] Leslyn McBean-Clairborne, Member Kathy Luz Herrera, Member Burbank, Chock, Luz Herrera, McBean-Clairborne, McKenna, Pryor, Shinagawa Dennis, Kiefer, Lane, Mackesey, Proto, Robertson, Robison, Stein Motion To: Amend the second Resolved to "$10.39 an hour by April 1, 2013": The amendment was approved by a roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [9 TO 6] Leslyn McBean-Clairborne, Member Dooley Kiefer, Member Burbank, Chock, Luz Herrera, Kiefer, Mackesey, McBean- Clairborne, Robertson, Shinagawa, Stein Dennis, Lane, McKenna, Proto, Pryor, Robison Motion To: Change the date in the second Resolved to January 1, 2014: 102 May 1,2012 RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [4 TO 111 James Dennis, Member Michael Lane, Member James Dennis, Michael Lane, Pat Pryor, Peter Stein Burbank, Chock, Luz Herrera, Kiefer, Mackesey, McBean- Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa The resolution was adopted by roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [10 TO 5] James Dennis, Member Michael Lane, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, Robertson, Shinagawa, Stein Dennis, McKenna, Proto, Pryor, Robison WHEREAS, the Minimum Wage within New York State was last increased by New York State in 2007 to $7.15, and in 2009 it increased to $7.25 to conform to the new Federal minimum wage, and WHEREAS, several nonprofit service organizations providing emergency food, clothing, and basic needs assistance have reported sharp increases in new client caseloads in Tompkins County in the last two years, and WHEREAS, a poverty -level Minimum Wage imposes significant hardship on hundreds of thousands of New York working families with children, and WHEREAS, no persons should be forced to depend on public assistance or social services if they have a full-time job, and WHEREAS, raising the minimum wage would put much-needed cash in the pockets of more than 1 2 million New Yorkers, who are most likely to spend those extra dollars in the local communities, providing economic stimulus and sales tax revenue to local governments, and WHEREAS, Assembly Bill A9148, proposed by Assembly Speaker Sheldon Silver, would raise the Minimum Wage in New York State from $7.25 an hour to $8.50 an hour, as would Senate Bill S6335 - B, and would further index future increases in the Minimum Wage to the Consumer Price Index (CPI), which would allow workers and their employers to plan for predictable increases in the wage, help prevent erosion of purchasing power by inflation, and help avoid the recurring political fights that have kept the minimum wage at inadequate levels, and WHEREAS, eighteen other states, including our neighboring states of Connecticut, Massachusetts, and Vermont have higher minimum wages than the Federal and New York minimum, and WHEREAS, President Obama has called for increasing the Federal minimum wage to $9.50 an hour, and WHEREAS, according to the National Employment Law Project, had the Minimum Wage kept pace with inflation over the past forty years, it would now be $10.39 per hour, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature, at a minimum supports S6335B and A9148, the Assembly Speaker's 103 May 1,2012 proposal, to increase the minimum wage in New York State to $8.50 an hour and to index it annually to the Consumer Price Index, RESOLVED, further, That the Tompkins County Legislature strongly urges the New York State minimum wage be increased to $10.39 an hour by April 1, 2013, RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo, New York State Senate Majority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Senator James Seward, Senator Michael Nozzolio, Senator Thomas O'Mara, and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE I1-20 Recess * * * * * * * * * * Ms. Robertson declared recess at 8:18 p.m. The meeting reconvened at 8:28 p.m. Resolutions Added to and Withdrawn from the Agenda Ms. Robertson gave Ms. Kiefer permission to withdraw from the agenda the resolution entitled Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision. There were no resolutions added to the agenda. Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Workforce Diversity and Inclusion Committee Shawn Martel -Moore - County staff representative; term expires December 31, 2014 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-68: Establishment of 2013 County Financial Goal Motion To: Change the word "Goal" to Guideline" in the title: RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [3 TO 12] Dooley Kiefer, Member Pamela Mackesey, Member Dooley Kiefer, Pamela Mackesey, Leslyn McBean-Clairborne Burbank, Chock, Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein 104 May 1,2012 The resolution was approved by roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] James Dennis, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, the County Administrator has requested the Tompkins County Legislature establish a tax levy guideline for him to use in working with departments and preparing his recommended budget for 2013, and WHEREAS, as of April 30, 2012, the County Administrator estimates that a maintenance -of - effort budget would require a 2.2% increase in the County property tax levy, and WHEREAS, New York State has imposed a cap on the growth of the County's 2013 property tax levy and on all future levies, with the cap set equal to the lesser of the Consumer Price Index or 2%, with adjustments allowed for factors relating to pension costs, real growth in the county tax base, and payments relating to tort settlements or decisions, and WHEREAS, while it is known that the County's 2012 property tax cap was 2.92% over the prior year's levy, information provided by the State that enables the calculation of the County's 2013 property tax cap is not available until late summer, and WHEREAS, it is acknowledged that economic and fiscal conditions remain volatile and may improve or deteriorate prior to the introduction of the formal 2013 recommended budget in the fall, and WHEREAS, it is also acknowledged that budget reductions imposed since 2009 have been deep and, in some instances, beneath the level the Legislature finds necessary over the long term to maintain the health, safety, and quality of life of the citizens of Tompkins County, and WHEREAS, it is the desire of the Legislature to review a maintenance -of -effort budget that can be supported with a tax levy increase of 2.2%, and WHEREAS, it is also the desire of the Legislature to review recommendations from the County Administrator, based on over -target requests submitted by County departments and agencies, that may exceed the maintenance -of -effort level of spending, but that shall not result in a tax levy increase in excess of 3.5% over the 2012 levy, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Legislature directs the County Administrator to establish departmental and agency spending targets and develop a 2013 "maintenance -of -effort" budget that can be supported with a 2.2% tax levy increase, RESOLVED further, That the County Administrator is authorized to consider and include in his Recommended budget over -target requests submitted by departments and agencies, provided that his Recommended Budget not require a tax levy increase in excess of 3.5% over the 2012 levy. SEQR ACTION: TYPE II -20 Government Operations Committee * * * * * * * * * * 105 May 1,2012 Mr. Proto requested that a copy of the resolution to hold a public hearing on the proposed Local Law regarding the Opt -Out of Section 487 of the New York State Real Property Tax Law regarding assessment for local property tax purposes related to construction of solar, wind, or farm waste energy systems be sent to the Agriculture and Farmland Protection Board. Resolution 2012-69: Authorizing a Public Hearing on Proposed Local Law No. 1 of 2012 — Opt -Out of Section 487 of the New York State Real Property Tax Law Ms. Chock also requested that the record reflect Ms. Kiefer's comments made earlier in the meeting under Privilege of the Floor by Legislators and that there be press about this. Motion To: Call the Question on the resolution: RESULT: MOVER: SECONDER: AYES: NAYS: AWAY: ADOPTED [12 TO 2] Brian Robison, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Kiefer, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Frank Proto Michael Lane RESULT: MOVER: SECONDER: AYES: AWAY: ADOPTED [14 TO 0] Dooley Kiefer, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Michael Lane WHEREAS, the County wishes to encourage the development of clean, alternative means of producing energy on a large scale, but recognizes that this priority must be balanced with the pressing fiscal needs of local governments and schools, now therefore be it RESOLVED, on recommendation of 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 May 15, 2012, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2012 - Opt -out of Section 487 of the New York State Real Property Tax Law regarding assessment for local property tax purposes related to construction of solar, wind, or farm waste energy systems. Changes to this law will not address federal or state tax exemptions or credits. 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 2012-70: Supporting the Efforts of Tompkins County to Institute a "F.A.V.O.R." (Find & Assist Vets of Record) Program 106 May 1,2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Tompkins County Clerk has presented a proposed program that will benefit all present and former members of the United States Military Service by having the Tompkins County Clerk's office produce a separate identification card that will enable them to access discounts being offered to members of the military, and WHEREAS, this Legislature supports the concept and the efforts for the creation of this program by the County Clerk, and WHEREAS, the anticipated cost to the County is under $2,000 and is within the County Clerk's existing budget, now therefore be it RESOLVED, on recommendation of Government Operations Committee, That the F.A.V.O.R. (Find and Assist Vets of Record) program be created and maintained by Tompkins County through the efforts of the Office of the Tompkins County Clerk. SEQR ACTION: TYPE II -20 ********** Resolution 2012-71: Interest in Exploring the Formation of a Consortium of Municipalities to Negotiate on the Renewal of Their Franchise Agreements with Time Warner Cable RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Michael Lane, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Tompkins County wishes to encourage efforts of the Tompkins County Council of Governments and among municipalities throughout Tompkins County, and WHEREAS, most Tompkins County municipalities are provided cable service by Time Warner Cable, and WHEREAS, Tompkins County recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues, and WHEREAS, Tompkins County is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium for them to negotiate renewal of their franchise agreements with Time Warner Cable, and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal 107 May 1,2012 Law, that is necessary and appropriate to negotiate a renewal franchise agreement for its member municipalities which have franchises, and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service, and WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend any franchise agreement so negotiated on their behalf, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County does hereby express interest in explore the formation of a consortium of municipalities to negotiate the renewal of their franchise agreements with Time Warner Cable, RESOLVED, further, That Tompkins County does hereby reserve the right to refrain from joining the consortium should the terms and conditions of joining the consortium prove to be unacceptable to the Tompkins County Legislature. SEQR ACTION: TYPE II -20 ********** Budget, Capital, and Personnel Committee (continued) Resolution 2012-72: Ratification of the Bargaining Agreement Between the CSEA Blue Collar Unit, Civil Service Employees Association, Local 855, AFSCME, and Tompkins County Ms. Kiefer requested the following explanation on the resolution be included in the minutes: EXPLANATION: Salary Adjustments: • 2010-0% • 2011 - 0% • 2012 - $1,250 bonus (not added to base) paid to those on the payroll at the time of contract ratification. The bonus will be pro -rated for any part-time employees. • 2013 - 2% increase on 2010 base salary • 2014 - 2% increase on 2013 base salary Benefit Adjustments: • Drug Co -Pay Changes • Current co -pay is $5-$10-$25 • January 1, 2013: $5-15-$30 • July 1, 2014: $5-$20-$35 • Vision • CSEA Blue Collar members will be provided access to vision coverage provided by the Health Benefits Consortium. Participating members will pay 100% of the premium for these benefits. (The Blue Collar unit is unique among County unions in having a County -supported dental plan that has been in place for many years.) 108 May 1,2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the County's CSEA Blue Collar Unit represents 82 employees and has been working without a contract for more than two years, and WHEREAS, during the two years spent in negotiations, the County and Union have attempted to find a wage and benefits plan that recognizes the needs and acknowledges the value of County staff, while also working within the constraints resulting from a difficult economy, and WHEREAS, on April 19 the Blue Collar Unit ratified a tentative agreement for the years 2010- 2014 which includes adjustments the same as those in the CSEA White Collar agreement negotiated late last year and subsequently extended to the County's Management and Confidential employees, specifically, now therefore be it RESOLVED, on recommendation of the Negotiating and the Budget, Capital, and Personnel Committees, That the bargaining agreement between Tompkins County and the CSEA Blue Collar unit, Civil Service Employees Association, Local 855, AFSCME, for the years 2010, 2011, 2012, 2013, and 2014 is hereby ratified. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-73: Authorizing the Use of Contingency Funds to Support the Cost of Negotiating Services for Road Patrol Negotiations This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the County has a longstanding engagement with the law firm Roemer, Wallens, Gold & Mineaux, LLP, of Albany, New York, to provide negotiating services in conjunction with negotiations with the Road Patrol union, and WHEREAS, negotiations with the Road Patrol union have reached impasse, resulting in the contract years March 1, 2008, through February 28, 2010, being referred to binding arbitration, a process that requires extraordinary effort on the part of both parties, and WHEREAS, it is the County's expectation that even during the course of arbitration, labor issues will arise that require the involvement of the negotiating consultant and that following the arbitration, the County and Road Patrol union will promptly resume negotiations for the period subsequent to March 1, 2010, and 109 May 1,2012 WHEREAS, it is the County's desire to continue to retain Roemer, Wallens, Gold & Mineaux to assist with the binding arbitration process and on-going labor matters and negotiations relating to the Road Patrol union, and WHEREAS, no funds have been budgeted to support the costs associated with the services provided by Roemer, Wallens, Gold & Mineaux, LLP, 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 TO: A1430.54442 Professional Services $25,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-74: Authorizing a Public Hearing on Proposed Local Law No. 2 of 2012 - A Local Law Overriding Tax Levy Limit for 2012 Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Michael Lane, Member Will Burbank, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Carol Chock, Peter Stein RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] James Dennis, Member Michael Lane, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Leslyn McBean-Clairborne 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 June 5, 2012, at 5:30 p.m. thereof concerning proposed Local Law No. 2 of 2012 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2013. At such time and place all persons interested in the subject matter will be heard concerning the same, 110 May 1,2012 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 ********** Public Safety Committee Resolution 2012-75: Appropriation from Contingent Fund - Terminal Pay - Department of Probation and Community Justice This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, in the Department of Probation and Community Justice, the Probation Administrator retired effective March 4, 2012, 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 2012: FROM: A1990.54400 Contingent Fund $9,960 TO: A3140.51000772 Probation Administrator $6,364 A3140.58800 Fringes $3,596 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Health and Human Services Committee Resolution 2012-76: Appropriation from Contingent Fund - Terminal Pay - Health Department This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Health Department had a resignation of a Public Health Sanitarian effective 111 May 1,2012 March 16, 2012, and WHEREAS, the Health Department had a lay-off of an Administrative Assistant effective December 31, 2011, with terminal pay paid in 2012, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: TO: A1990.54440 A4090.51000595 A4090.58800 A4010.51000535 A4010.58800 SEQR ACTION: TYPE II -20 Contingent Fund Public Health Sanitarian Fringes Administrative Assistant Fringes ********** Minutes Approval - February 21 and April 17, 2012 February 21, 2012 — Executive Session $ 16,758 $ 7,934 $ 4,483 $ 2,774 $ 1,567 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] Pamela Mackesey, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer * * * * * * * * * * April 17, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [14 TO 1] Frank Proto, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Ms. Mackesey requested that her comments that are in the notes about the youth award be included in the minutes of that meeting. Recess Ms. Robertson declared recess at 10:09 p.m. The meeting reconvened at 10:15 p.m. Ms. Herrera was excused at this time. 112 Executive Session Motion To: May 1,2012 Enter into executive session to discuss a personnel matter concerning a particular person: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] David McKenna, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera An executive session was held at 10:15 p.m. and returned to open session at 10:46 p.m. * * * * * * * * * * Adi ournment The meeting adjourned at 10:46 p.m. 113 May 15, 2012 Regular Meeting Public Hearing - Proposed Local Law No. 1 of 2012 — Opt -Out of Section 487 of the New York State Real Property Tax Law Ms. Robertson called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1 of 2012 - Opt -Out of Section 487 of the New York State Real Property Tax Law and asked if anyone wished to speak. Brian Eden, Village of Cayuga Heights, submitted the following statement: "In the past twenty years climate science research has become increasingly credible. The evidence is compelling to many of us that we face our most existential threat in many millennia. On the other hand, it appears that few have taken notice or interest. No climate scientists have been interviewed on major talk shows. Of the 839 questions asked by the media during the Republican candidate debates only 2 were on the climate crisis. "This is not a future problem. While the alarm bells are ringing, most folks seem to be in a suspended animation and a state of paralysis. Are the issues so threatening that we can't comprehend and act upon them in a timely way? This is not to denigrate the work of some of the people here tonight. However, we are falling far, far short in relationship to the need. Are we waiting for the identification of a cheap, clean, and plentiful energy resource? Possibly as we warm, countervailing trends may reduce the most catastrophic impacts? After mitigation and adaptation measures, can we rely on geo-engineering; carbon dioxide removal or solar radiation management? "We can't afford to wait for a miracle. The longer we delay substantial action the cost goes far higher. The window for preserving the planet is rapidly closing. We need to ACT NOW. "Our current energy subsidy priorities are contrary to our best interests. Highly profitable fossil fuel producers receive the bulk of these subsidies; tax breaks, financial assistance, royalty relief, and direct research and development funding. In 2010 subsidies for oil and gas were $42B why non -hydro renewables received only $6B. In addition, these industries receive indirect subsidies such as discharging global warming pollutants into our atmosphere, negative public health impacts from mercury and other toxics, mountaintop removal, coal ash contamination, and methane leakage. These subsidies reduce the cost of the product resulting in greater consumption, waste, and pollution. The price of every product should tell the ecological truth. "While fossil fuel subsidies are hard -wired into our regulatory structure, renewables must return to Congress every few years for renewal. The Production Tax Credit (PTC) is a major source of funding for wind and solar and will expire at the end of 2012. Without support from the PTC in the past, installations have dropped more than 90%. Election -year politics has targeted President Obama's initiatives, including that of the Clean Energy Future program, and to date has blocked the passage in the House of the PTC. Americans for Prosperity, Americans for Tax Reform, the Heartland Institute and others have campaigned against clean energy with slogans such as Throwing Good Money After Bad and Pay More Use Less. The Regional Greenhouse Gas initiative and renewable energy portfolio standards are criticized as unwarranted impediments on the free market. We need to stop subsidizing fossil fuels and collect a carbon tax at the point of generation. These funds then can be devoted to the development of low carbon alternatives. "When we look back in 20 years will we be satisfied that we undertook bold and aggressive 114 May 15, 2012 action to address climate change impacts. A low carbon diet can only be maintained if we continuously employ more renewable options. We have to set aside business as usual and become more agile and creative in addressing the constraints of current laws and regulations. When considering this legislation, the County Legislature must be thoughtful and flexible so that it might more fully support this local community owned wind project. We need to structure the financial obligations to the municipalities and the school district constructively to ensure the viability of this worthwhile project. My colleagues who will follow me here will elaborate more specific recommendations in this regard." Mr. McKenna arrived at this time. Kenny Christianson, Member of the Environmental Management Council (EMC) Energy Committee, commented on the number of solar panels in Tompkins County and that this is one of the largest photovoltaic areas in the State. He spoke of actions taken by the Legislature to set goals for reducing greenhouse gas emissions in the County. He also referenced a resolution approved by the EMC to support the Enfield Energy Project. The EMC Energy Committee has suggested that instead of a PILOT (Payment In Lieu of Taxes) that an EILOT (Electricity In Lieu of Taxes) be considered. Bill Halton, Town of Danby resident and member of the Environmental Management Council (EMC), urged the Legislature to do whatever it can to support the wind farm. He believes this local generation of electricity is a project that is close to everyone and it is important to support it. The wind farm is something he believes in and has invested some money into it, but does not expect to make a profit. Taylor Peck said he and his wife are early investors in the wind farm and said 15 days ago they signed a contract to have photovoltaic panels installed in order to stop burning oil. He commented they are part of the unintended intended collateral damage of this proposal. He understands the intention to reverse this action when construction has begun, but questions how that decision can be made for a future Legislature and Assessor. Joe Sliker, President of Renovus Energy, said he understands the need to look for tax revenue, however, it is challenging for him because much of his business is residential. Many of his clients are homeowners who are trying to do the right thing and the threat of this proposed local law is hurting his business. Two weeks ago, there were a number of people who spoke to the Legislature about a living wage. He said that his business has all full-time employees making a living wage and receives health insurance. Today following a proposal presentation, clients are hesitating with moving forward with a system because of the threat their property tax may go up. Hearing no other comments, Ms. Robertson closed the public hearing at 6:09 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: 14 Legislators (Legislator McKenna arrived at 5:35 p.m.). Excused: 1 (Legislator Shinagawa). Presentation of Proclamations, Petitions, Communications, and Notices 115 May 15, 2012 Ms. Robertson presented the proclamation declaring May 2012 as Mental Health Awareness month to Betsy Doling, Interim Tompkins County Mental Health Commissioner, and Patricia Vincent of the Mental Health Association. Ms. Robertson also presented a proclamation declaring May 2012 as Older Americans month to Lisa Holmes, Director of the Office for the Aging. Privilege of the Floor by the Public Cheryl Nelson, Groton, made the following statement: "My name is Cheryl Nelson. I reside at 477 Groton Road., Freeville, NY. On Thursday, May 10`h, I resigned from Tompkins County employment after 37.5 years. For the past 5 months, I was the acting Highway Manager, underfilling the position in the title of Public Works Administrator. "I want to take this opportunity to publicly thank residents including business owners, vendors, farmers, and municipal officials that took action steps to try to keep me in the position. I especially want to thank the County Highway employees for everything they did to keep me retained. It is difficult to find words that adequately express my gratitude. The events of the past few months have given me a clear picture of this organization. I now know friend from foe and lip -service from logic. "For more than a decade legislators, residents, employees, and other municipal officials have expressed dissatisfaction with the Highway management. The Legislature's attempt to try to resolve any issues in Public Works is to throw some more middle-aged men with degrees in to fix the problem, preferably engineers. Well, it has been proven that wasn't the solution. Highway Managers came and went and the issues still remained. Then a quasi Commissioner of Planning and Public Works position was created. Still, the problems continued. Although I have neither a penis nor a pedigree, I could see the issues, know I could help since I grew up in Public Works and could relate to the issues, firsthand. But, how could Tompkins County, home of academic meccas ever allow a nearly 60 year old, uneducated woman to be at the helm? Despite the fact that she has excellent working relationships with other municipalities at all levels, understands and delivers customer service, has worked positively with all County departments, has the skills and tenacity to deal with long-running personnel matters that were negatively impacting the organization, and knows the County systems inside and out, the answer must be she just doesn't quite fit the model of a Highway Manager. Words recently used to describe improvements in Highway include - "excellent", "outstanding", "it's about time you were in that position", and "this is the first time a Highway Manager ever returned my call." "This organization touts diversity, has tweaked job descriptions so certain individuals could be eligible for hire, spends countless hours in sessions with employees to ask for input on improvements to the work environment to make everyone feel included. Maybe if I were African-American, Asian, Hispanic, disabled, or a member of some other underrepresented group, I could have stayed. The events of the past few months have shown that inclusion is for some, not all. "Two weeks ago, Dooley questioned how could I continue to work since I am retired? There are a lot of people that draw their pension to the cap, then suspend it if they continue to work. Retirees that continue to work offer a wealth of knowledge at a reduced fringe rate - a win-win situation. There are many County employees continuing to work while drawing their pension - some much higher in the food chain here than me. Why am I singled out for that discussion and why wouldn't you welcome it since it saves money? 116 May 15, 2012 "During this process members of the community told me that when they called their representative to this body to enlist support for the status quo, they received responses such as "I'm not on that committee" or "I guess there is a process in place but I'm not sure of what it is." Members of the Search Committee have even shared that they questioned why the urgency to find someone new when things were working well under the arrangement in place. "Once a successful candidate was announced and it became clear that the majority of Highway employees were not behind the selection, I received calls from Joe, Carol, and Martha telling me that I had to get behind this decision, I had to tell the staff to get behind the choice, I needed to get the staff to not continue to speak out, and I had to make way for a smooth transition so he can be successful. I was also accused of orchestrating the staff's actions - an insult to the integrity and intelligence of both the Highway staff and me. It's a sign of a process flawed when big hammers have to fall and start forcing round pegs into square holes. A good process would have resulted in a successful outcome for all. Carol and Martha - two women who spend countless hours exercising their civic activism while telling me to tell others not to - hypocrisy at its finest. "This organization keeps asking for staff to help in finding ways to save money. Yet, over $7,500 has been spent from an already insufficient Highway budget to cover advertisements and travel expenses for the candidates and more expenses will be coming - money that didn't need to be spent. "The job descriptions for the Director and Assistant were mashed and mangled by the Facilities and Infrastructure Committee instead of following the normal Personnel route - a fine example of the dysfunctional micro -management in this organization. "Although lots of time and money has been spent to find the next savior to run the Highway Division, I want to assure you that while it was happening, the Highway staff and I were busy at work. We developed the 2012 road and bridge program and a solid draft plan for the ensuing 4 years. With the mild winter, we prepped those roads to get a jump on the construction season, we purchased and implemented the new communications radios to be tied into the County's new system, we worked with FEMA to get $150,000 of storm damage reimbursements back to County coffers so it can be spent on needed maintenance issues, we filled vacancies, developed strong communication and team processes to perform effective and efficient work, we opened some bridges, posted or closed others, worked with stakeholders to try to develop a process for repairing the extreme erosion problem on South Street in Trumansburg, participated in conversations about shared services and fleet management, and updated the 20 -year Capital Plan - just to name a few. I just want you to be sure that I wasn't just resting on my laurels and filing my nails. The staff stepped up and responded to being treated with respect - an exercise you could all learn from. "I left last Thursday extremely sad to leave the Highway staff that has proven to me that they are second to none. I also left feeling sad that the organization in which I had worked for so long seemed to be doing a lot of talking about me and taking me for granted, once again. My next tour of duty here, if I had stayed, would require me to just suck it up and step aside for the next Boy Wonder. Through this process, a lot of people have seen the dirty underbelly of this organization exposed and it defies logic. I leave here proud of my accomplishments but knowing that I still had many things left to offer and a long to-do list. But, reaching the pinnacle of being the Highway Manager, if only for a short time, would make anything else pale in comparison. As disappointed as I am in this flawed process and the outcome of it, I expect more from the organization that is supported with my tax dollars." Planning, Development, and Environmental Quality Committee 117 May 15, 2012 Resolution 2012-77: Approving the Issuance by the Tompkins County Development Corporation of Up to $2,400,000 Aggregate Principal Amount Tax -Exempt Revenue Bonds (Ithaca Neighborhood Housing Services, Inc., Project), Series 2012 RESULT: MOVER: SECONDER: AYES: ABSTAIN: EXCUSED: ADOPTED [13 TO 0] Will Burbank, Member Pamela Mackesey, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock Nathan Shinagawa 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 Ithaca Neighborhood Housing Services, Inc. (the "Company"), a not-for-profit corporation 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 (Ithaca Neighborhood Housing Services, Inc., Project), Series 2012, in an aggregate principal amount not to exceed $2,400,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of: (1) the refinancing of certain indebtedness of the Company originally incurred to finance or refinance all or a portion of the cost of acquiring, installing, constructing, designing, relocating, renovating, repairing, rehabilitating, equipping, purchasing, or otherwise providing for the following described properties all being located in the City of Ithaca, New York (collectively, the "Refinanced Properties") for use as multi -family rental properties: (A) the existing approximately 12 -residential unit/9-office unit, 25,948 square foot mixed use building at 301 South Geneva Street; 3 -unit, 2,048 square foot apartment building at 111 West Clinton Street, and 1 -office unit, 3,258 square foot building at 115 West Clinton Street on an approximately 73,500 square foot lot (being tax map number 80.-11-1); (B) the existing approximately 24 -unit, 7,018 square -foot Towerview Apartments apartment building located on an approximately 75,794 square -foot lot at 380-390 Floral Avenue (being tax map number 97-1-7.2); (C) the existing approximately 9 -residential unit, 6,086 square -foot apartment building located on an approximately 8,400 square -foot lot at 207-209 Elm Street (being tax map number 57.-3-5); (D) the existing approximately 5 -residential unit, 2 -commercial unit, 5,074 square -foot mixed use building located on an approximately 2,904 square -foot lot at 502 West State Street (being tax map number 72.-3-15); (E) the existing approximately 7 -unit, 3,372 square -foot apartment located on an approximately 23,556 square -foot lot at 356 Floral Avenue (being tax map number 97.-1-6.2); 118 May 15, 2012 (F) the existing approximately 5 -unit, 3,897 square -foot apartment located on an approximately 5,412 square -foot lot at 402 West Seneca Street (being tax map number 60-6-12); (G) the existing approximately 3 -unit, 2,316 square -foot apartment building and 1 -unit, 1,900 square -foot apartment building, located on an approximately 6,500 square -foot lot located at 110-112 Esty Street (being tax map number 50.- 1-21); (H) the existing approximately 4 -unit, 3,057 square -foot apartment located on an approximately 5,104 square -foot lot at 418-420 Cascadilla Street (being tax map number 44-6-14); and (2) 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 (1) through (2) 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 May 11, 2012, the Issuer held such 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, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on May 11, 2012, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, 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, 119 May 15, 2012 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 II -20 * * * * * * * * * * Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, requested the statement by Cheryl Nelson be recorded in the minutes in its entirety. Chair's Report Ms. Robertson echoed comments made by Ms. Pryor and expressed gratitude to Ms. Nelson for the many years of exemplary service. She said the Committee process for the hiring of the Highway Manager was fully public and vetted and included members of the staff and community One of the first things the Committee did was to review and establish minimum qualifications and standards. Applications were reviewed based on those qualifications. She commented on the petition received and said it did not represent the majority of employees in the Highway Department. County Administrator's Report Motion To: Confirm the appointment of Dr. Susan Romanchuk-Smeltzer to the position of Commissioner of Mental Health: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa * * * * * * * * * * Health and Human Services Resolution 2012-78: Authorizing the Commissioner of Mental Health to Receive Three (3) Weeks of Vacation Time a Year RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa 120 May 15, 2012 WHEREAS, the County has undertaken a national search for a new Commissioner of Mental Health that resulted in a recommendation of a candidate by a search committee established by the County Administrator, and WHEREAS, the recommended candidate for the Commissioner of Mental Health, as part of negotiations has requested a modification of fringe benefits to include three (3) weeks of vacation time at the time of hire and to remain at three weeks annually upon her anniversary date of June 18th until she is eligible to accrue three (3) weeks of vacation time, now therefore be it RESOLVED, That the County Legislature authorizes Dr. Sue Romanczuk-Smelcer be granted three (3) weeks vacation at the time of hire and annually thereafter. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolutions Added to and Withdrawn from the Agenda Ms. Robertson gave Mr. Burbank permission to withdraw from the agenda the following resolutions: - Proposed Amendment to the Constitution of the United States - Approval of Bylaws of the Tompkins County Strategic Tourism Planning Board There were no resolutions added to the agenda. Consent Agenda Advisory Board Appointments RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Nathan Shinagawa Air Services Board Michael S. Hall - At -large representative; term expires December 31, 2014 Personal Emergency Response Service Advisory Board Dorothy Daetsch - At -large representative; term expires December 31, 2012 Planning Advisory Board Michelle Courtney Berry - At -large representative; term expires December 31, 2013 * * * * * * * * * * Resolution 2012-79: Approval of Budget Transfer - Planning Department 121 May 15, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the Planning Department has requested to shift funds placed in salary and fringe line items to other line items, and WHEREAS, the Fiscal Policy of Tompkins County requires that such transfers be approved by the Legislature, and WHEREAS, the Planning Department has received, on behalf of the County, grant funds from the New York State Energy Research and Development Authority in order to produce a Regional Sustainability Plan, portions of which were placed in the Department's salary and fringe line items by Resolution 2012-4 of the Legislature, and WHEREAS, the Planning Department desires to use a portion of these funds to allow staff to work more effectively and to communicate more easily with outside organizations for this and other projects, by purchasing software upgrades and equipment to implement its Smart Office initiatives, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following transfers be made to the 2012 Budget: From 8020.51000 Salaries 8020.58800 Fringe SEQR ACTION: TYPE I1-9 Amount $7,620 $4,305 To 8020.52230 8020.52200 ********** Computer Software Computer Equipment Resolution 2012-80: Authorization to Execute Supplemental Agreement with Hunt Engineers, Architects, & Land Surveyors, P.C. for Bridge Replacement Design Services - West Seneca Road Over Boardman Creek (BIN 3210250), PIN 3755.10 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, on January 17, 2008, the Facilities and Infrastructure Committee authorized a contract with Hunt Engineers, Architects, & Land Surveyors, P.C., (Hunt), of 100 Hunt Center, Horseheads, N.Y., for a sum of $32,200, for design services in connection with replacement of the bridge carrying West Seneca Road over Boardman Creek (BIN 3210250), in the Town of Ulysses, and 122 May 15, 2012 WHEREAS, Hunt's original scope of work called for plans to be developed to County standards, with the construction and design budget of $530,000 to be funded with 80% County and 20% Town of Ulysses funds, and WHEREAS, federal funding was subsequently allocated to the project to cover 80% of construction costs, now estimated at $1,145,000, the scope of design services was increased to federal standards to allow eligibility for federal reimbursements, and WHEREAS, Hunt has requested that their design fee be increased by $42,000, to cover this increase in scope, for a total fee not to exceed $74,200, which is available in the County Capital Budget for the project, and WHEREAS, the Town of Ulysses will reimburse the County for 20% of design costs per a project funding agreement between the Town and the County, 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 Hunt Engineers, Architects, & Land Surveyors, P.C., for design services in connection with the referenced project up to an additional fee of $42,000, and a total contract fee not to exceed $74,200; funds to be provided from account HZ5107.59239.53.22 (West Seneca Road Bridge Capital Account). SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2012-81: Authorization to Execute a Contract with Delta Engineers, Architects, & Land Surveyors, P.C., for Bridge Replacement Design Services - Waterburg Road (County Road 136) Over Taughannock Creek - BIN 3314400 (Ulysses) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, replacement design for the bridge carrying Waterburg Road (County Road 136) over Taughannock Creek (BIN 3314400) in the Town of Ulysses, is included in the County Highway Division's five-year bridge plan, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for proposals for design services in relation to this bridge, and WHEREAS, fifteen (15) proposals were received on March 27, 2012, and WHEREAS, the Tompkins County Highway Division has recommended Delta Engineers, Architects, & Land Surveyors, P.C., as best qualified to provide design services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with Delta Engineers, Architects, & Land Surveyors, P.C., of 860 Hooper Road, Endwell, NY, 13760 for design services in connection with the Project for a contract amount of $52,200.00, 123 May 15, 2012 RESOLVED, further, That the County Administrator or his designee be authorized to implement this contract and execute supplemental agreements with total values not to exceed 10% of the aforementioned contract amount on behalf of the County, funds to be provided from the Waterburg Road Capital Account (HZ 5106.59239.53.21). SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2012-82: Audit of Final Payment — Suit-Kote Corporation — CR 110, Ellis Hollow Road Phase One Reconstruction, Town of Dryden RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, Suit-Kote Corporation, of Cortland, New York, has completed their contract for the CR 110, Ellis Hollow Road Phase 1 Reconstruction Project to the satisfaction of the Tompkins County Highway Division, with all closeout documents submitted and satisfactory and with change orders and added work for $248,755.92, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following final claim against the County of Tompkins, be and hereby is audited by the Legislature: Vendor Payment Request Account No. Suit-Kote Corporation 5 (Final) HZ 5105.54312 Amount $54,634.42 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HZ 5105.54312. SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2012-83: Adoption of the Recreation Partnership 2013- 2017 Agreement RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the County of Tompkins is currently a member of the Intermunicipal Recreation Partnership by agreement dated August 21, 2007, with an original five-year term expiring December 31, 2012, and 124 May 15, 2012 WHEREAS, the Recreation Partnership has been an excellent and cost-efficient model of intermunicipal collaboration that enables municipalities to jointly plan, finance, and share a diverse set of high-quality recreation programs, and WHEREAS, the Intermunicipal Recreation Partnership agreement by its own terms may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2012, and WHEREAS, any municipality may withdraw from the Intermunicipal Recreation Partnership agreement upon a full calendar year's notice, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County of Tompkins agrees to renew the August 21, 2007, Intermunicipal Recreation Partnership agreement for an additional five years, expiring December 31, 2017, RESOLVED, further, That a copy of this resolution be sent to the Recreation Partnership Board care of Tompkins County Youth Services Department at 320 W. State/MLK Jr. Street, Ithaca, NY 14850. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Government Operations Committee Resolution 2012-84: Adoption of Local Law — A Local Law to Opt -Out of Section 487 of the New York State Real Property Tax Law Mr. Proto requested a copy of the resolution and local law be forwarded to the Chair of the Agriculture and Farmland Protection Board and Monika Roth of Cooperative Extension. With the section on Farm Waste Energy Systems highlighted. Ms. Kiefer said she voted against the resolution because she had wished to modify the local law. Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 5] Michael Lane, Member James Dennis, Member Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison, Stein Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne Nathan Shinagawa RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] Dooley Kiefer, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Lane, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer, Pamela Mackesey, Frank Proto Nathan Shinagawa WHEREAS, Section 487 of the New York State Real Property Tax Law allows for an exemption of any increase in value due to the construction of a solar, wind, or farm -waste energy system, and 125 May 15, 2012 WHEREAS, to date, the County has found that the installation of small-scale residential and commercial solar systems has not had an effect on property value upon resale and that the benefit of the Section 487 exemption currently accrues primarily to large-scale power generation facilities, and WHEREAS, New York State does not make provision for a county to distinguish between small- scale residential and large-scale commercial power generation facilities for the purpose of this exemption, and WHEREAS, the first large-scale windfarm in Tompkins County is proposed for development in the Town of Enfield by Black Oak Windfarm, which intends to construct a 20 -Megawatt facility and hopes to commence construction in late 2012, and WHEREAS, the County wishes to encourage the development of clean, alternative means of producing energy on a large scale, but recognizes that this priority must be balanced with the pressing fiscal needs of local governments and schools, and WHEREAS, the County's ability to achieve that balance is served by being able to negotiate, in collaboration with other affected taxing jurisdictions, a payment -in -lieu -of -tax (PILOT) plan with the developers of large-scale installations, and WHEREAS, by opting -out of the Section 487 exemption, it is the intent of this Legislature to encourage developers of large-scale wind, solar, and farm -waste energy systems to negotiate payment -in - lieu -of -tax agreements in good faith with the affected taxing jurisdictions, and WHEREAS, it is the desire of this Legislature that all of the taxing jurisdictions and other agencies involved in such negotiations recognize the significant environmental benefits associated with the development of systems that produce clean, renewable energy as a significant consideration in the establishment of a payment -in -lieu -of -tax plan, and WHEREAS, the Town of Enfield and the Ithaca City School District have already elected to opt out of the Section 487 exemption and intend to participate in negotiations to establish a PILOT with the Black Oak Windfarm, an approach that has been taken throughout New York State and that would be appropriate for the County to adopt for this and other potential future large-scale developments, and WHEREAS, a decision to opt -out of the Section 487 exemption may be re -considered, and the exemption restored, by the Legislature at its discretion at any time in the future, and WHEREAS, the County therefore desires to opt -out of the Section 487 exemption, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 1 — A Local Law to Opt -Out of Section 487 of the New York State Real Property Tax Law is hereby adopted, RESOLVED, 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 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:47 p.m. The meeting reconvened at 7:58 p.m. 126 May 15, 2012 Government Operations Committee Ms. Robertson asked that copies of the Redistricting maps be provided to Legislators in the next agenda packet. Resolution 2012-85: Resolution Urging New York State to Develop a Blend of Revenue Streams from and Other Taxation of Natural Gas Extraction and to Establish an Accurate, Transparent, and Verifiable Method of Measuring and Reporting Shale Gas Production Mr. Franklin explained that the State in 1978 created a formula to value the actual production coming out of wells and have not revised significantly since then. This resolution calls for an open and transparent process to review this unit of production value. The resolution also calls for monitoring or metering that production figure. The base discount rate is set by Law at 17.5%. He does not agree that the rate is set by law and does not change according to market factors. Ms. Kiefer asked that Mr. Franklin's comments above be included in the minutes. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, New York State is preparing to permit the process of extracting natural gas from the Marcellus Shale areas in our region in the near future, and WHEREAS, local governments have already incurred expenses in preparation for the proposed high-volume horizontal hydraulic fracturing (HVHHF) extraction of natural gas and will incur further expenses such as repair of roads, higher social service costs, emergency services, etc., when this industrial process begins in New York and before any ad valorem revenue is received, and WHEREAS, Tompkins County has already spent a substantial amount of financial and staffing resources in general preparation for the advent of HVHHF drilling as well as passing legislation in order to protect the well-being of residents, the roads and the natural resources within the County and with assisting the County's municipalities to do so as well, and WHEREAS, an ad valorem tax on production is the only revenue source available for local governments to offset the cost of incorporating the gas extraction industry into its community, and WHEREAS, an ad valorem tax on production is not a revenue source for a municipality that is adjacent to one that has gas extraction, yet the adjacent community will also incur impacts and expenses from the gas extraction industry, and WHEREAS, the State and local process for levying the ad valorem tax on gas production has a built-in delay of a minimum of 3 years (year 1 gas is produced but not reported until year 2 when it is added to the assessment role for year 3 when the gas producers are sent tax bills for year l's production) between the time that the gas is extracted (which is after the well pad constructed, well drilled and pipelines connected) and the year the local government will receive revenues, which means that under the current system taxpayers will need to pay for the impacts of this industry on the local government and 127 May 15, 2012 community before any revenue is received to offset those costs, and WHEREAS, other states that have hosted the gas and oil extraction industry for many years have a blend of fees and several taxes including ad valorem and severance, to cover expenses to governments as they are incurred and thus not saddle the civil society with this burden, and WHEREAS, the calculation for Unit Production Value (UPV) in determining assessment of natural gas in New York State has not been completed for tight shale gas deposits like the Marcellus so any planning for ad valorem revenue from gas extraction is impossible, yet the prospect for impact is imminent, and WHEREAS, the yet -undetermined UPV is then multiplied by the self-reported gas production to arrive at the assessed value of given well, and WHEREAS, there is no independent oversight of the accuracy of gas meters, meter installation, and meter reading of extracted natural gas (self -reporting by the energy companies) and this lack of oversight is an affront to the assessment process used for all other taxable properties within our County, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature strongly urges the Governor and the New York State Legislature to develop a blend of revenue streams to provide funding through fees and other taxation of natural gas extraction for the State and local governments when expenses are incurred, RESOLVED, further, That the Tompkins County Legislature strongly urges the Governor to direct the Office of Taxation and Finance to establish, through an open and transparent process, the Unit Production Value for assessment of shale natural gas like Marcellus, RESOLVED, further, That the Tompkins County Legislature strongly urges that the Governor and the New York State Legislature establish an accurate, transparent, and verifiable method of measuring and reporting shale gas production, RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation (NYSDEC) Division of Mineral Resources; Governor Andrew Cuomo; NYSDEC Commissioner Joe Martens; Chair of the Senate Committee on Environmental Conservation Mark Grisanti; Commissioner of Taxation and Finance Thomas H. Mattox; 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 * * * * * * * * * * Planning, Development, and Environmental Quality Committee 128 May 15, 2012 Resolution 2012-86: Authorizing an Inter -Municipal Agreement Between Tompkins County and Cortland County - Public Transportation Service RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, Tompkins County encourages public transportation service with neighboring counties to provide safe and affordable commuter bus service to the regional labor force employed in the County, to reduce traffic on highways and roads, and to realize environmental and energy conservation benefits of the service, and WHEREAS, Tompkins County Resolution No. 79 of May 15, 2007, authorized an inter- municipal agreement with Cortland County to permit Cortland County to operate public transportation service between Cortland and Tompkins Counties, pursuant to Section 119-0 of the General Municipal Law of the State of New York, and WHEREAS, Cortland County desires to operate commuter service, to Cornell University and the City of Ithaca to carry people employed in Tompkins County, under contract with First Transit, Inc., and WHEREAS, Tompkins County, with concurrence of Tompkins Consolidated Area Transit, Inc. (TCAT), desires to extend the agreement for five years effective May 31, 2012, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes an inter -municipal agreement with Cortland County subject to these terms: 1. In order to avoid duplication of service, Cortland County or authorized carrier shall furnish details of its schedule, fares, and stops to Tompkins Consolidated Area Transit, Inc. (TCAT). The proposed and all future bus service must be approved in writing by TCAT, prior to the commencement of service by Cortland County or authorized carrier. The operation of said bus service must be coordinated and remain in good standing with TCAT and Tompkins County. 2. Cortland County shall indemnify, hold harmless and defend Tompkins County and TCAT and their respective officers, employees, agents, and elected officials from and against any and all claims and actions brought against Tompkins County, TCAT and/or their respective officers, employees, agents, and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this agreement by Cortland County, its employees, subcontractors or agents. 3. Tompkins County retains the right to terminate this agreement upon thirty (30) days written notice to Cortland County, authorized carrier, and New York State Department of Transportation. RESOLVED, further, That the County Administrator is authorized to finalize and execute an inter -municipal agreement with Cortland County to operate said bus service in Tompkins County. SEQR ACTION: TYPE II -20 Facilities and Infrastructure Committee * * * * * * * * * * 129 May 15, 2012 Resolution 2012-87: Amending Resolution 2011-218 Authorizing the County to Enter into a Fifteen (15) -Year Lease with Solar Liberty for Solar Panels Placed at Various County Facilities RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa 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, 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 PV frames are made in Buffalo, New York, and the PV solar panels are made in the United States, thus supporting American jobs, and WHEREAS, restrictions limiting the generating capacity of municipal solar -panel installations eligible for such NYSERDA grants to 25 kilowatts (KW) have recently been raised to 50 -KW, and WHEREAS, by Resolution 2011-218 approved on December 6, 2011, the Legislature authorized the installation of 25 -KW solar panels on seven County -owned facilities (Public Safety Building, Emergency Communications Building, Health Department Building, Human Services Building, Human Services Annex, County Building C, and Public Works Facility) at a cost not to exceed $10,260, and WHEREAS, the County wishes to explore and, if structurally and operationally feasible, proceed with the installation of 50 -KW, rather than 25 -KW, solar panels on those buildings, 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 130 May 15, 2012 WHEREAS, upon the conclusion of the fifteen -year lease term, the County may elect to have Solar Liberty remove the panels, negotiate a lease extension, or purchase the panels at their then -market value, and WHEREAS, the annual lease payments shall be $125 per month ($1,500 per year) for the 25 -KW installations and $250 per month ($3,000 per year) for any 50 -KW installations, and WHEREAS, the County has reviewed the costs and savings associated with each proposed installation and has found that the aggregate savings for the seven installations are estimated to exceed the aggregate lease expenses by a minimum $9,000 per year based on current energy costs and consumption patterns, and in excess of $9,000 per year in the event that any building is fitted with a 50 -KW installation, and 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 Resolution 2011-218 be amended to reflect 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 50 -KW and/or 25 -KW solar panels on the seven County facilities described herein for an annual aggregate lease cost not to exceed $16,250. SEQR ACTION: TYPE I1-7 ********** Ms. Herrera was excused at 8:52 p.m. Individual Member -Filed Resolutions Resolution 2012-88: In Support of A9422-2011 and S6826-2011, an Act to Amend the Environmental Conservation Law, in Relation to Non -Native Animal and Plant Species RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, invasive species threaten New York's environment by out -competing native species, diminishing biological diversity, and changing whole ecosystems including those within public parks and waterways, and WHEREAS, the New York State Assembly held a public hearing on September 13, 2012 to solicit public input on the best methods for preventing the introduction of invasive species and combating invasive species already present, and WHEREAS, to help mitigate the devastating environmental and economic impacts of invasive species, the amendment under A9422-2011 and S6826-2011 would provide the New York State Department of Environmental Conservation with explicit authority to regulate the sale, purchase, possession, introduction, importation, and transport of invasive species and establish penalties for those who violate such regulations, and 131 May 15, 2012 WHEREAS, Tompkins County has experienced first-hand the impact of invasive species when Hydrilla verticillata was discovered to be present in the Cayuga Lake Inlet and the extensive costs associated with eradication of an invasive species, and WHEREAS, the eradication of this single non-native species is estimated to be in the millions of dollars over the course of the next several years, and WHEREAS, the proposed State legislation would further call attention to the importance of controlling the spread of Hydrilla verticillata as well as other potential environmental and economical impacts due to non-native animal and plant species as well as defining the penalties involved when found in violation of the proposed law, now therefore be it RESOLVED, That the Tompkins County Legislature supports New York State A9422-2011 and 56826-2011, requiring the New York State Department of Environmental Conservation to take action with respect to non-native animal and plant species, RESOLVED, further, That copies of this resolution be sent to Governor Andrew Cuomo, New York State Senate Majority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Senator James Seward, Senator Michael Nozzolio, Senator Thomas O'Mara, and Assemblywoman Barbara Lifton, New York State Depaitinent of Environmental Conservation Commission Joseph Martens, New York State Department of Environmental Conservation Assistant Commissioners Kathy Moser (Natural Resources), and James Tierney (Water and Watershed). SEQR ACTION: TYPE I1-20 * * * * * * * * * * Minutes of May 1, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Dooley Kiefer Nathan Shinagawa Adjournment On motion the meeting adjourned at 9:01 p.m. 132 June 5, 2012 Regular Meeting Public Hearing - Authorizing a Public Hearing on Proposed Local Law No. 2 of 2012 - A Local Law Overriding Tax Levy Limit for 2012 Ms. Robertson called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 2 of 2012 - A Local Law Overriding Tax Levy Limit for 2013. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Organization Title Status Arrived Will Burbank Tompkins County Member Present Carol Chock Tompkins County Member Present James Dennis Tompkins County Member Present Kathy Luz Herrera Tompkins County Member Present Dooley Kiefer Tompkins County Member Present Michael Lane Tompkins County Member Present Pamela Mackesey Tompkins County Member Present Leslyn McBean-Clairborne Tompkins County Member Present 5:42 PM David McKenna Tompkins County Member Present Frank Proto Tompkins County Member Present Pat Pryor Tompkins County Member Present Martha Robertson Tompkins County Chair Present Brian Robison Tompkins County Member Present Nathan Shinagawa Tompkins County Vice Chair Excused Peter Stein Tompkins County Member Excused Privilege of the Floor by the Public Earl Hall, Town of Ithaca resident and Attorney, spoke about a case in which he represented someone on a pro-bono basis. He said he is disturbed by the service he received from the Department of Social Services and the lack of response by them and the County Administrator. He said there needs to be better services for youth with substance abuse problems and requested the Legislature to look into his concerns. Tomo Shabata, City of Ithaca resident, spoke concerning organized stalking and hate crimes. Lucia Sciore, Friends of Pine Tree Road Neighborhood, thinks the Trail project should proceed without reconstruction of the bridge and the County to alleviate traffic issues on the south end of Pine Tree Road. Victor Tiffany, Town of Danby and Coordinator for the Local Move to Amend Movement, spoke about the Citizens United decision. He referenced a Supreme Court decision in the Buckley V. Valeo case where the Court decided that money is a form of speech. In the second aspect of the Valeo case, the Supreme Court started a process of taking power away from Congress (Article 1, section 4.). The two resolutions approved by the Government Operations Committee and coming to the Legislature in two weeks addresses this. One of the resolutions coming forward asks Congress to put the rules of the road in 133 June 5, 2012 the Constitution. As he understands the resolution on this evening's agenda will be tabled to the next meeting. He encouraged Legislators to look over the Constitution and more specifically read Article 1, section. Report from a Municipal Official Ellen McCollister, City of Ithaca Common Council member, reported on the special Common Council meeting last night concerning Redistricting. The City's Redistricting Committee spent an enormous amount of time working on scenarios for Redistricting. Last night the Council looked at the preferred four -ward scenario and an eight -ward scenario with one representative per ward as well as another four -ward scenario called 4-6 that the Mayor asked for. Introduction of Highway Director Mr. Mareane introduced Jeff Smith, the newly appointed Highway Director. Resolutions Added to and Withdrawn from the Agenda Ms. Robertson gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled Authorizing a Supplemental Consultant Agreement with C&S Companies to Conduct a Feasibility Study for the Terminal Expansion and Security Improvements - Ithaca Tompkins Regional Airport. There were no resolutions added to the agenda. Consent Agenda Resolution 2012-89: Increase in Hours - Information Aide - County Clerk (DOC ID: 3365) RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison EXCUSED: Nathan Shinagawa, Peter Stein WHEREAS, the County Clerk's Office wishes to increase the hours for the position of Information Aide from 35 hours per week to 40 hours per week to accommodate the pressure of business, and WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by having this position designated as a forty -hour work -week, and WHEREAS, such change would be beneficial to the public and would result in increased efficiency, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the standard work week for one position of Information Aide, Labor Grade 2, be increased from 35 hours per week to 40 hours per week, effective June 4, 2012, RESOLVED, further, That no additional funding is required. 134 SEQR ACTION: TYPE II -20 June 5, 2012 * * * * * * * * * * Resolution 2012-90: Authorization to Increase Hours — Community Health Nurse — Children with Special Care Needs — Health Department (DOC ID: 3376) RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison EXCUSED: Nathan Shinagawa, Peter Stein WHEREAS, the Children with Special Needs Program (CSCN) has reorganized to address the resignation of the Public Health Social Worker, and WHEREAS, the Children with Special Needs Program has a 1.0 FTE Community Health Nurse, position number 1167, (15/580), labor grade 0, competitive class at 35 hours per week, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the position of 1.0 FTE Community Health Nurse, position number 1167, (15/580), labor grade 0, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately, RESOLVED, further, That no additional funds are required to accommodate this change. SEQR ACTION: TYPE I1-20 ********** Resolution 2012-91: Award of Bids - Terminal Roof Repairs (DOC ID: 3410) and RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein WHEREAS, the terminal roof is almost 20 years old and is beginning to fail in various locations, WHEREAS, it has been determined that repairs and replacement of shingles have become necessary, and WHEREAS, the Finance Department duly advertised said work and received three (3) bids, and WHEREAS, the lowest responsible bidder was Tower Roofing Company of Endwell, NY, with a bid of $214,000, and 135 June 5, 2012 WHEREAS, the budget for the construction is as follows: New York State Department of Transportation (NYSDOT) Share (80.0 %) Local Share (Airline Rates & Charges) (20.0 %) TOTAL , now therefore be it $171,200 $ 42,800 $214,000 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to funding being received from the NYSDOT, the bid for the Terminal Roof Repairs be awarded to Tower Roofing Company, Inc., with a bid of $214,000, 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 New York State Department of Transportation. SEQR ACTION: TYPE I1-2 * * * * * * * * * * Resolution 2012-92: Authorizing a Consultant Agreement with C&S Companies for Design Services in Connection with the Terminal Employee Parking Lot Rehabilitation - Ithaca Tompkins Regional Airport (DOC ID: 3411) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein WHEREAS, the parking lot reserved for use by employees working in the terminal is badly in need of rehabilitation, and WHEREAS, the airport's engineering consultants, C&S Companies of Syracuse, New York, have proposed providing design and administration services for $4,350, and WHEREAS, the project will be bid as an add-on to the Terminal Ramp Rehabilitation project to take advantage of the economies of scale, and WHEREAS, the budget for said employee parking lot rehabilitation project is $50,000 to cover design and construction costs, and WHEREAS, the total cost of this project has been provided for in the airport's 2012 operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That C&S Engineers be awarded the contract for design services in connection with the employee Parking Lot Rehabilitation project for $4,350, RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required contract documents. 136 SEQR ACTION: TYPE II -2 June 5, 2012 * * * * * * * * * * Resolution 2012-93: Authorizing Supplemental Consultant Agreement with C&S Companies for Full -Time Construction Observation Services in Connection with the Terminal Apron Rehabilitation - Ithaca Tompkins Regional Airport (DOC ID: 3412) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein WHEREAS, the Terminal Apron Rehabilitation project is set to be completed during the summer of 2012, and WHEREAS, the airport's engineering consultant, C&S Companies of Syracuse, New York, has proposed providing Construction Observation and Contract Administration Services for said project for a fee of $154,776, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration Share (90.0%) New York State Department of Transportation Share (5%) Local Share (5%)(Airport's Operational Budget) Total , now therefore be it $139,298.00 $ 7,739.00 $ 7,739.00 $154,776.00 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $154,776.00 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 $7,739.00 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 -2 * * * * * * * * * * Resolution 2012-94: Authorizing Supplemental Consultant Agreement with C&S Companies for Part- Time Construction Observation and Contract Administrative Services — ARFF Building Operations Addition Project — Ithaca Tompkins Regional Airport (DOC ID: 3415) 137 June 5, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein WHEREAS, an Operations Addition is planned to be constructed during the summer of 2012, 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 $ 74,400, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration (FAA) Share (95.0%) $ 66,960.00 New York State Depaltment of Transportation (NYSDOT) Share (2.5%) $ 3,720.00 Local Share (2.5%) (Airport's Operational Budget) $ 3,720.00 Total $ 74,400.00 , now therefore be it RESOLVED, on recommendation of the Facilities & Infrastructure Committee, That the agreement with C&S Companies for $74,400 be and hereby is approved, subject to FAA and NYSDOT funding being received, RESOLVED, further, That the local share of $3,720 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 II -7 * * * * * * * * * * Appointments Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison EXCUSED: Nathan Shinagawa, Peter Stein Environmental Management Council John V. Dennis, Village of Lansing representative; term expires December 31, 2012 138 June 5, 2012 Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne - Legislator; term expires December 31, 2014 * * * * * * * * * * Withdrawal of Resolution Ms. Robertson gave Ms. Kiefer permission to withdraw the resolution from the agenda entitled Accepting Tompkins County Redistricting Commission's Revised Report Recommending a 14 -Member Legislature. Recess Ms. Robertson declared recess from 7:44 p.m. The meeting reconvened at 7:54 p.m. Chair's Appointments Ms. Robertson made the following appointments: Workforce Investment Board Michael W. Talarski, Labor Organization representative; term expires June 30, 2015 Carl E. Haynes, Ph.D, Adult Education/Post Secondary Vocational Education representative; term expires June 30, 3015 Civil War Commemoration Commission Susan Currie - term expires May 2015 Ithaca Metropolitan Planning Organization Policy Committee Frank Proto, Alternate; no set term Finance Director's Report Mr. Squires presented the Clerk of the Legislature with the Annual Financial Report filed with New York State. Budget, Capital, and Personnel Committee Resolution 2012-95: Budget Adjustment, District Attorney's Office (DOC ID: 3325) This resolution was approved by a Short Roll Call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Brian Robison, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison EXCUSED: Nathan Shinagawa, Peter Stein WHEREAS, pursuant to New York State Judiciary Law Section 183-a, the District Attorney of each county must be paid an amount equal to the salary of county court judges within that county, and WHEREAS, judicial salaries and, therefore, the salary of the Tompkins County District Attorney, 139 June 5, 2012 have not been increased in twelve years, and WHEREAS, as a part of the 2012-13 New York State Budget, a new three-year judicial salary plan was authorized and implemented, and WHEREAS, the judicial salary plan will result in the salary of the Tompkins County District Attorney increasing from its current level of $122,700 to $143,700 effective April 1, 2012, to $149,900 effective April 1, 2013, and to $156,200 effective April 1, 2014, and WHEREAS, as a part of the 2012-13 New York State budget, the State allocated sufficient funds to offset 100% of the additional cost associated with the 2012 pay increase for district attorneys, and WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the Director of Finance is authorized to make the following adjustments to the District Attorney's 2012 budget: Appropriation: 1165.41000005 District Attorney Salary, $21,000 Revenue: 1165.43030 District Attorney Salary (State Aid), $21,000 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-96: Establishment of Guidelines and Fiscal Targets for All County Budgeting Units for the Preparation of the 2013 Budget (DOC ID: 3400) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over -Target Request, and changes in fiscal targets should be communicated to department heads and programs directors as timely as possible in order for them to submit their 2013 budget requests to the County Administrator by July 23, 2012, and WHEREAS, these 2013 fiscal targets are related to the fiscal goals, established by the Legislature on May 1, 2012, that directed the County Administrator to establish fiscal targets based on his estimate that a maintenance -of -effort budget can be supported by a 2.2% increase in the property tax levy, while also allowing the County Administrator the latitude to consider Over -Target Requests submitted by departments and agencies and to present a Recommended Budget supported by a property tax levy increase of 3.5%, and WHEREAS, departmental spending targets for 2013 will generally consist of the 2012 target budget as adjusted by negotiated salary and wage growth and related fringe benefit costs, and WHEREAS, the Tompkins County Legislature wishes to establish targets in order for depai tnients and agencies to submit their 2013 budget requests, now therefore be it 140 June 5, 2012 RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That fiscal targets for all budgeting units for preparation of the 2013 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets shall be equal to the amount approved in the 2012 adopted budget, not including one-time funding nor any funds re -appropriated from prior years. 2. For Towns and Villages applying for reimbursement for county -wide services, and for Human Service and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement between the County and City of Ithaca, fiscal targets shall be equal to the 2012 appropriation, not including one-time funding nor adjustments for prior years. 3. For all County departments, fiscal targets shall be equal to the fiscal target approved in the 2012 adopted budget, plus the 2013 negotiated salary increase for the depailment's bargaining units including management and confidential, changes in fringe benefit costs, and a 10% adjustment in amounts allocated in 2012 for vehicle fuel. 4. In addition, departmental fiscal targets shall not include one-time funding nor any funds re - appropriated from previous years. RESOLVED, further, That the County Administrator, for the purpose of constructing his recommended budget, is authorized to reduce the departmental targets as needed to achieve the Tax Levy goal set by the Legislature. SEQR ACTION: TYPE II -20 ********** Resolution 2012-97: Urging the Mandate Relief Council to Take Swift Action in Submitting a Package of Mandate Relief Proposals to Governor Cuomo and the State Legislature to be Voted on This Session (DOC ID: 3433) RESULT: MOVER: SECONDER: AYES: EXCUSED: AWAY: ADOPTED [12 TO 0] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Nathan Shinagawa, Peter Stein Carol Chock WHEREAS, as part of administering these programs, the State of New York mandates (requires) the delivery of State programs using local resources, causing some counties to dedicate more than 80 percent of their entire budget toward the funding of State -mandated programs and fixed costs, and WHEREAS, the New York State Association of Counties (NYSAC) has identified just 9 state mandates that equal 90 percent of all county property taxes levied in 2010 (outside of New York City), consuming $4 billion of $4.4 billion in county property taxes levied. These mandates include: Medicaid, TANF/Public Assistance Safety Net, Child Welfare Protective and Preventive Care, Special Education Pre -School, Early Intervention, Probation, Indigent Defense, Youth Detention, and Pensions, and WHEREAS, these State mandates are the root cause of high county property and sales taxes in New York and have led to a decline in the delivery of important local services, and WHEREAS, these State -imposed mandates continue to contribute to New York's having among the highest local tax burdens in the nation for residents and businesses, which severely damages New York's ability to attract, create, and maintain good -paying jobs, as well as contributing to population losses to other states, and 141 June 5, 2012 WHEREAS, when it enacted a property tax cap in 2011, the State also created a Mandate Relief Council to review specific mandates and advance proposals to reduce the statutory and regulatory burden on municipalities, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Tompkins County hereby calls on the Mandate Relief Council to take swift action in submitting a package of Mandate Relief proposals to Governor Cuomo and the State Legislature to be voted on by our State Representatives during the 2012 State Legislative Session, RESOLVED, further, That NYSAC shall forward copies of this resolution to Governor Andrew M. Cuomo, members of the New York State Legislature, and all those deemed necessary and proper. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-98: Calling for an Amendment to the Constitution to Abolish Corporate Personhood (DOC ID: 3395) Motion To: Postpone to next Legislature meeting on June 19, 2012: A Roll Call vote was taken: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [4 TO 9] Michael Lane, Member James Dennis, Member James Dennis, Dooley Kiefer, Michael Lane, Martha Robertson Burbank, Chock, Luz Herrera, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison Nathan Shinagawa, Peter Stein Motion To: Call the Question: * * * * * * * * * * RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 4] James Dennis, Member David McKenna, Member Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison Will Burbank, Carol Chock, Dooley Kiefer, Leslyn McBean- Clairborne Nathan Shinagawa, Peter Stein * ********* A Roll Call vote was taken on the resolution: 142 June 5, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] James Dennis, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Pryor, Robertson Frank Proto, Brian Robison Nathan Shinagawa, Peter Stein WHEREAS, government of, by, and for the people has long been a cherished American value, and We The People's fundamental and inalienable right to self -govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and WHEREAS, free and fair elections are essential to democracy and effective self -governance, and WHEREAS, persons are rightfully recognized as human beings whose essential needs include clean air, clean water, safe and secure food, and WHEREAS, corporations are entirely human -made legal fictions created by express permission of We The People and our government, and WHEREAS, corporations can exist in perpetuity, can exist simultaneously in many nations at once, need only profit for survival, and exist solely through the legal charter imposed by the government of We The People, and WHEREAS, in addition to these advantages, the great wealth of large corporations allows them to wield coercive force of law to overpower human beings and communities, thus denying We The People's exercise of our Constitutional rights, and WHEREAS, corporations are not mentioned in the Constitution, and The People have never granted constitutional rights to corporations, nor have We decreed that corporations have authority that exceeds the authority of We The People of the United States, and WHEREAS, interpretation of the U.S. Constitution by appointed Supreme Court justices to include corporations in the term `persons' has long denied We The Peoples' exercise of self- governance by endowing corporations with Constitutional protections intended for We The People, and WHEREAS, the illegitimate judicial bestowal of civil and political rights upon corporations usurps basic human and Constitutional rights guaranteed to human persons, and also empowers corporations to sue municipal and state governments for adopting laws that violate `corporate rights' even when those laws serve to protect and defend the rights of human persons and communities, and WHEREAS, corporations are not and have never been human beings, and therefore are rightfully subservient to human beings and governments as our legal creations, and WHEREAS, large corporations' profits and survival are often in direct conflict with the essential needs and rights of human beings, and WHEREAS, the recent Citizens United v. the Federal Election Commission Supreme Court decision that rolled back the legal limits on corporate spending in the electoral process creates an unequal playing field and allows unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes, and forces elected officials to divert their attention from The Peoples' business, or even vote against the interest of their human constituents, in order to ensure competitive campaign funds for their own re-election, and 143 June 5, 2012 WHEREAS, large corporations own most of America's mass media and use that media as a megaphone to express loudly their political agenda and to convince Americans that their primary role is that of consumers, rather than sovereign citizens with rights and responsibilities within our democracy, and this forces citizens to toil to discern the truth behind headlines and election campaigning, and WHEREAS, tens of thousands of people and municipalities across the nation are joining with the Move to Amend campaign to call for an Amendment to the US Constitution to Abolish Corporate Personhood, now therefore be it RESOLVED, on recommendation of the Workforce Diversity and Inclusion and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature hereby calls on the United States Congress to join the tens of thousands of citizens, grassroots organizations, and local governments across the country to call for an Amendment to the Constitution to Abolish Corporate Personhood and return our democracy, our elections, our communities back to America's human persons and to thus reclaim our sovereign right to self -governance, RESOLVED, further, That the Tompkins County Legislature calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions, RESOLVED, further, That the Tompkins County Legislature supports education to increase public awareness of the threats to our democracy posed by Corporate Personhood, and encourages lively discussion to build understanding and consensus to take appropriate community and municipal actions to democratically respond to these threats. SEQR ACTION: TYPE II -20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-99: Authorizing a Supplemental Consultant Agreement with C&S Companies to Conduct an Airport Pavement Management System (APMS) Study — Ithaca Tompkins Regional Airport (DOC ID: 3414) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Dooley Kiefer Nathan Shinagawa, Peter Stein WHEREAS, the Federal Aviation Administration requires a current Airport Pavement Management System (APMS) report before it will issue Federal Airport Improvement Program (AIP) grants for any pavement work, and WHEREAS, the current APMS report is now obsolete and must be updated, and WHEREAS, the APMS study will research the historical construction record for all pavement, conduct a condition survey, develop a 10 -year Capital Improvement Plan, and develop an Airport Maintenance Plan to preserve and extend the life of the pavement, and WHEREAS, the budget for said APMS study is: 144 June 5, 2012 Federal Aviation Administration Share (90%) $76,540 New York State Department of Transportation (NYSDOT) Share (5%) $ 4,252 Local Share (Airline Fees) (5%) $ 4,252 Total $85,044 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $85,044 be and hereby is approved, subject to Federal Aviation Administration and NYSDOT funding being received, RESOLVED, further, That the local share of $4,252 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -21 * * * * * * * * * * Capital Plan Review Committee Ms. Pryor was excused at 9:18 p.m. Resolution 2012-100: Authorizing an Amendment to Agreement with HOLT Architects for Architectural and Engineering Design Services in Connection with Renovations to the Old Courthouse for Legislature Chambers (DOC ID: 3445) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 1] Michael Lane, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Robertson, Robison Kathy Luz Herrera Pat Pryor, Nathan Shinagawa, Peter Stein WHEREAS, the New York State Court System has identified the need to use the Chambers of the Tompkins County Legislature for operations of the Supreme Court, and WHEREAS, the historic Courtroom in the Old Courthouse currently used by New York State Supreme Court was identified by HOLT Architects in the Center of Government Business Case Analysis as a potential home for the Tompkins County Legislature, with the advantage of reusing an historic facility, and WHEREAS, the Tompkins County Legislature by Resolution No. 2012-51 on March 27, 2012, approved conceptual plans prepared by HOLT Architects to renovate the Supreme Court Courtroom space on the second floor of the Old Courthouse and to move the Tompkins County Legislature as soon as is practical, but not later than December 31, 2012, and WHEREAS, the Facilities Division requested that HOLT Architects provide Architectural and Engineering Design Services for this project as additional services under their existing Center of Government contract, and 145 June 5, 2012 WHEREAS, the Facilities Division and HOLT Architects have negotiated 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 an amount not to exceed $89,750, and WHEREAS, the Facilities Division agrees that this fee is both fair and reasonable to both parties in order to accomplish the scope of work, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That the County Administrator or his designee be and hereby is authorized to amend the existing Agreement with HOLT Architects, P.C., of 217 North Aurora Street, Ithaca, New York, for Architectural and Engineering Design Services in connection with Renovations to the Old Courthouse for Legislature Chambers for an amount not to exceed $89,750, 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. HB1610.59239.16.10. SEQR ACTION: TYPE II -2 ********** Minutes of Previous Meeting - May 15, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 1] Will Burbank, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison Dooley Kiefer Pat Pryor, Nathan Shinagawa, Peter Stein Adjournment The meeting adjourned at 9:30 p.m. 146 June 19, 2012 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 Attendee Name Title Status Arrived Excused Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present _ Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present 9:50 PM Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Excused Peter Stein Member Present 5:34 PM Distinguished Youth Award Mrs. McBean-Clairborne presented the June 2012 Distinguished Youth Award to Kimberly Webb, Ithaca High School Senior, who was nominated by Ithaca High School Associate Principal Samantha Little, for her ethics, morals, and values; her love and commitment to family and friends; and her many school and community contributions including involvement in the African -Latino Club. She also serves Kendal at Ithaca and the Greater Ithaca Activities Center. Mr. Stein arrived at this time. Privilege of the Floor by the Public Doug Brittan, Town of Ithaca, spoke concerning the resolution on the agenda relating to the Pine Tree Road bike and pedestrian path project. He does not think it is necessary to replace the railroad overpass bridge on Pine Tree Road. He said he believes there is only interest in the bike and pedestrian aspect of the project and the interest in the bridge is only that it serves the bike and pedestrian needs. Mr. Brittan said the proposed bridge does nothing to support the paths and said there is already room for the five -feet shoulders. In his opinion the only reason to replace the bridge is to extend the turn lane on Route 366 and he doesn't believe this project is qualified for Transportation Enhancement funding for that reason. He said in looking closely at the project the bridge replacement does not serve a vital role to the bikers and pedestrians and does not support committing to build a bridge if the purpose is to access additional funds. 147 June 19, 2012 Christa Bissell, Pine Tree Road, spoke concerning the Pine Tree Road bike and pedestrian path project. She said the project was originally set forth as a bicycle and pedestrian path and now as its most costly item, the old railroad overpass bridge replacement. She believes the bridge has many years of life left and that the main reason for replacement is to improve traffic flow, which is far from the main goal of the project. Ms. Bissell said it now appears more money is needed to complete the bridge and the County is considering additional grant funds to complete the construction. She questioned how residents can believe the County is looking out for the best interests of its residents when it is looking for additional funds to support the bridge and not the much needed traffic calming on the other end of Pine Tree Road. She asked that the bike and pedestrian portion of the project be completed, the bridge not be rebuilt, and that the County address the concerns of residents and find other available money to deal with traffic calming. She questioned whether it has been determined that there is an actual safety issue in the area for bikers and walkers and if so, whether the information is available. Will Fudeman, City of Ithaca, spoke in support of the resolution on the agenda entitled "Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision". He said if the Constitution is not changed transnational corporations and the wealthiest people in the world could continue to skew the information that gets to voters. Mr. Fudeman said in the interest of democracy in North America, legislative bodies like this across the country need to enact similar resolutions to overturn the notion that corporations are human beings and have rights. He stated the United States Supreme Court created a bad law that was not based on real precedent and it does not work for the citizens of this country to have a fair democratic system. Jennifer Dotson, Member of the City of Ithaca Common Council, spoke in support of the resolution on the agenda entitled "Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision". She said the City weighed in on this a few months ago and although it is not an issue the City or County has full control of, it is very important and has an impact on the democracy and work here in the City and County. She noted the amendment does not take away the needed entity of a corporation but ensures it is not the equivalent of a person. Amanda Manfredo, Town of Ithaca, spoke in support of the resolution on the agenda entitled "Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision". She spoke of the difference between speech and conduct and how equal protection comes into play with this issue; and how the Constitution says elections are supposed to be carried out. Ms Manfredo urged Legislators to support the resolution on the agenda. Victor Tiffany, Town of Danby and Coordinator for the Local Move to Amend Movement, asked Legislators to support one of the resolutions on the agenda addressing the United States Constitution. He specifically addressed Mr. Proto as his Legislator and asked that he support the larger, more comprehensive resolution that addresses Corporate Personhood. Mr. Tiffany said a group would be keeping track of Legislator votes and will be active in the next election cycle. George Connemann, 250 Strawberry Hill Circle, said he has attended several meetings to address the Pine Tree Road Project and does not believe Public Works staff or elected officials have been listening to the public. He said concern has been expressed about the East Hill community and agrees with Mr. Brittain that it is not necessary to do anything to the bridge to achieve the objectives of having good bicycle and pedestrian paths. He said doing anything further is a waste of money and limits funding for the pedestrian trail. He said as Mr. Engman, Town of Ithaca Supervisor, pointed out at a meeting of the Facilities and Infrastructure Committee yesterday, that those trails and paths need to be maintained with a look taken at connectivity. Mr. Connemann said it is a waste of money for the County to spend $.5 million on a bridge that is not needed. Jim Skaley, Dryden Road, spoke in support of withdrawing a property (980 Dryden Road) that is coming up for public auction. Mr. Skaley spoke on behalf of Varna residents and said the Town authorized a hamlet plan for Varna two years ago and this plan is ready for adoption by the Town Board. 148 June 19, 2012 The Town has indicated a willingness to acquire the property and he said he will be speaking with the Town Board again this week about acquiring the property and making the County whole for past due taxes. Carl Fitzke, Town of Ithaca, spoke in support of the resolution on the agenda entitled "Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision". He said the efforts that are being made are not an anti -business sentiment, it is about restoring fairness and getting control back in the people's hands and giving small businesses and government a fair chance. Chair's Report and Chair's Appointments Ms. Robertson made the following appointments: Workforce Investment Board Allan D. Bishop III - Business representative; term expires June 30, 2015 Leslie Marie Leonard - Business representative; term expires June 30, 2015 ********** Resolutions Added to the Agenda Motion To: Add the resolution to the agenda entitled "Supporting S5629/A6575 - An Act to Amend the Tax law in Relation to Authorizing Certain Counties, Cities, and School Districts to Impose Up to a Four Percent Rate of Sales and Compensating Use Taxes Pursuant to the Authority of Article 29 of Such Law and to Preserve the Authority of Certain Counties and a City to Impose Such Taxes at Rates in Excell of Four Percent; and to Repeal Certain Provisions of Such Law Relating Thereto: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Stein Frank Proto Kathy Luz Herrera, Nathan Shinagawa * * * * * * * * * * 149 June 19, 2012 Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Carol Chock, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Resolution 2012-101: Budget Adjustments - Various Departments (DOC ID: 3470) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.43610 State: Child Protective $4,960 6010.54400 Program Net Local Cost $3,040 6010.54400 Program Explanation: NYS has been sponsoring Family Assessment Response (FAR) as an alternative approach to traditional Child Protective Services protocols. "A key component" of the model is casework staff's having access to Flexible Funds to provide "short-term or one-time goods and services" to meet families' needs and keep children safe. For the past couple of years, 100% of the cost of these "FAR Flexible Funds" was covered first, by a private donor, and later by the State. On or about July 1St (approximately when our allocation of 100% funding runs out) these expenditures will begin having an associated local cost of 38%. We believe this is worthwhile; that FAR Flex Funds help reduce costs in our mandate programs while keeping families together and children safe. This budget amendment provides the $8,000 total spending authority (of which $3,040 will be local funds already in the 2012 budget) to cover our projected FAR Flex Fund expenditures during the second half of 2012. Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.44601 6010.43601 Federal: Medicaid $4,440 6010.54400 Program NYS: Medicaid $4,440 6010.54400 Program Explanation: Resolution 2012-6 approved earlier this year, granted the Department of Social Services authority to enter into a contract with the Child Development Council to continue the long-running Teen Pregnancy and Parenting program which used to be direct -funded by the State Department of Health. 150 June 19, 2012 We are requesting a one-time increase to this contract's budget to cover the Council's administrative costs in this first year for developing an assessment/intake tool and monitoring the program to determine whether/how providing variable levels of service to participants impacts the program's success. Environmental Health Revenue Acct Title Amt Approp Acct Title(s) 4090.43489 State Aid $5,000 4090.54319 Program Supplies 4090.43489 State Aid $ 500 4090.54303 Office Supplies Explanation: Received unbudgeted COLA funds. Use of these funds permits purchase of needed grant program supplies. Received unbudgeted COLA funds. Use of these funds permits purchase of needed grant office supplies. Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6290.44795 Federal Aid, TANF $75,401 6290.54491 Contracts Summer Youth 6290.44795 Federal Aid, TANF $ 1,000 6290.54412 Travel/Training Summer Youth 6290.44795 Federal Aid, TANF $ 500 6290.54303 Office Supplies Summer Youth Explanation: Additional revenue received to operate Summer Youth Employment Program. Additional expenses related to Summer Youth Program. Office of Employment and Training Revenue Acct Title Amt Approp Acct Title(s) 6292.44795 Federal Aid, TANF $58,991 6292.51000051 JTPA Participant Summer Youth 6292.44795 Federal Aid, TANF $ 250 6292.54303 Office Supplies Summer Youth 6292.44795 Federal Aid, TANF $ 200 6292.54472 Telephone Summer Youth 6292.44795 Federal Aid, TANF $ 150 6292.54452 Postage Summer Youth 6292.44795 Federal Aid, TANF $ 550 6292.54414 Local Mileage Summer Youth 6292.44795 Federal Aid, TANF $ 300 6292.54425 Service Contracts Summer Youth Explanation: Additional revenue received to operate Summer Youth Employment Program. Additional expenses related to Summer Youth Employment Program. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-102: Authorization for Public Hearing - Tompkins Cortland Community College Operating Budget — 2012-2013 (DOC ID: 3403) WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County 151 June 19, 2012 and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That a public hearing be held on July 3, 2012, 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 2012-2013 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 * * * * * * * * * * Resolution 2012-103: Authorization to Participate in Onondaga County's Contract for Furnishing Police Vehicles (DOC ID: 3453) WHEREAS, New York State Law S5491, signed July 18, 2007, amended Subdivision 3 of Section 103 of the General Municipal Law to allow counties to participate in another county's contract for materials, equipment, supplies, or contract for services, and WHEREAS, the Sheriffs Office and the Finance Department have reviewed the specification and the award information for Onondaga County's bid for Furnishing Police Vehicles and have determined that it would be in the County's best interest to participate in Onondaga County's contract, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Sheriffs Office is hereby authorized to participate in Onondaga County's bid for Furnishing Police Vehicles as authorized by General Municipal Law, Subdivision 3, Section 103, RESOLVED, further, That the Sheriffs Office has funds available in the 2012 budget to allow for the purchase of three (3) vehicles at $22,915 each, RESOLVED, further That the County Administrator, or his designee, be and hereby is authorized to execute required contract documents. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-104: Supporting the Community Prescription -Drug Discount -Card Program (DOC ID: 3448) WHEREAS, health care costs have been rising yearly far above the rate of inflation, and the cost of prescription drugs is the fastest-growing factor contributing to this growth, and WHEREAS, many individuals, such as senior citizens, self-employed people, part-time workers, and workers in low -to -moderate wage jobs, have inadequate or no insurance coverage for prescription drug costs, and WHEREAS, according to a report from the Center for Disease Control and Prevention, over the last 10 years, the percentage of Americans who took at least one prescription drug in the past month increased from 44% to 48% (Center for Disease Control and Prevention 2007-2008), and WHEREAS, over fifty counties in upstate New York State have entered into agreements with pharmacy benefits managers (PBMs) that negotiate discounted prescription drug costs with pharmacies and other suppliers to provide county residents a discount card to purchase prescription drugs at a reduced 152 June 19, 2012 price, and WHEREAS, the County assembled a task force with representatives from the Health Planning Council, Public Health Depot Intent, County Office for the Aging, and County Administration, and WHEREAS, the Health and Human Services Committee, through this task force, investigated the various PBMs and the programs they offer, to address this critical need within the community and seek financial relief for the uninsured and underinsured, and WHEREAS, ProAct's benefits outweighed its competition in both discount amounts and in consumer outreach, and WHEREAS, the discount card offered by ProAct, Inc., requires no application fee or application process for residents to use the discount card, and there is no cost to taxpayers or users for the ProAct, Inc., program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature supports the prescription -drug discount -card program offered by ProAct, Inc., of Governeur, New York, to provide prescription drug discounts for uninsured and underinsured Tompkins County residents, RESOLVED, further, That any resident may use the discount card, and publicity and outreach efforts will be made to distribute the cards and publicize their value, RESOLVED, further, That the County Administrator or his designee is authorized to sign an agreement with ProAct, Inc., for a period of five years. SEQR ACTION: TYPE II -20 Recess ********** Ms. Robertson declared recess from 7:41 p.m. The meeting reconvened at 7:51 p.m. Government Operations Resolution 2012-105: Accepting Recommendations of the Tompkins County Independent Redistricting Commission's that Establishes a 14 -Member Legislature with Appropriately Revised District Lines (DOC ID: 3384) Motion To: Refer to the Government Operations Committee: Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [8 TO 5] James Dennis, Member Frank Proto, Member Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Stein Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne Kathy Luz Herrera, Nathan Shinagawa The question was called. 153 June 19, 2012 Vote on motion to Refer to Committee: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [6 TO 7] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Proto Dennis, Lane, McKenna, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa Motion To: Call the Question: * * * * * * * * * * RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Frank Proto, Member Brian Robison, Member Burbank, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Stein Carol Chock, Pamela Mackesey, Martha Robertson Kathy Luz Herrera, Nathan Shinagawa The question was called. * * * * * * * * * * Adopted by Roll Call Vote as follows: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Dooley Kiefer, Member James Dennis, Pamela Mackesey Burbank, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Pamela Mackesey, Leslyn McBean-Clairborne Kathy Luz Herrera, Nathan Shinagawa WHEREAS, on February 22, 2012, the Tompkins County Redistricting Commission submitted to the Government Operations Committee an Executive Summary report of its recommendation of a new set of legislative district lines that comply with the equal population requirements for local legislative bodies and resulted in a 14 -member Legislature that included four rather than five districts within the City of Ithaca, and WHEREAS, at the time of submission the City of Ithaca Redistricting Committee had not yet finalized its recommendations for the City, and WHEREAS, the Government Operations Committee, upon learning that the City of Ithaca Redistricting Committee would complete its process at its April 19, 2012, Committee meeting, asked the Tompkins County Redistricting Commission to meet once more thereafter to consider potential amendments based upon the results of the City of Ithaca Redistricting Committee meeting, and 154 June 19, 2012 WHEREAS, on April 20, 2012, the Tompkins County Independent Redistricting Commission met, considered, and chose to revise its recommended district lines (ward boundaries) within the City to coincide with the City of Ithaca's Independent Redistricting Committee's recommendation, and WHEREAS, at a special meeting of City's Common Council on June 13, the City, by a vote of 6- 4, overrode the recommendation of the City's Independent Redistricting Committee choosing to stay with 5 City Wards, which resulted in the need for numerous "sliver districts" within the City to manage the differences between County District lines and City Ward lines, and WHEREAS, the County's Independent Redistricting Commission, on its own motion, reconvened on June 18 to consider further boundary line adjustments prepared by the Director of the County's Information Technology Services Department to reduce the number of "sliver election districts" managed by the County's Board of Elections, and WHEREAS, on June 18, 2012, the Tompkins County Independent Redistricting Commission met, withdrew its most recent recommendation, and now recommends a slightly modified version of its first 14 -legislative district recommendation, now therefore be it RESOLVED, That the Tompkins County Legislature accept the 14 Legislative -district concept and direct staff to prepare a Local Law to implement the Commission's most recent recommendation as summarized on Map 14C -version 3 (revision 1), reflecting new boundary lines creating fourteen (14) County legislative districts. SEQR ACTION: TYPE II -20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-106: Authorization to Apply for Funding Via State Multi -Modal Program Aid to I (PIN 395043) (DOC ID: 3465) Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 4] Michael Lane, Member James Dennis, Member Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer, Pamela Mackesey, Leslyn McBean-Clairborne Kathy Luz Herrera, Nathan Shinagawa The question was called. ********** 155 June 19, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Dooley Kiefer, Pamela Mackesey, Peter Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, a Project for the Pine Tree Road Bike and Pedestrian Paths, P.I.N. 3950.43, (the Project) in the Town of Ithaca, which has been on the drawing boards since December 2008, is eligible for funding under Title 23 U.S. Code, as amended, and New York State's Multi -Modal Program administered by the New York State Department of Transportation ("NYSDOT"), and WHEREAS, Multi -Modal Program funding will allow the Project to fully achieve objectives of safety and accessible slope in creating pedestrian and bicycle paths, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of advance funding of the non -local share and funding of the full local share of the costs of the Project, 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 contingent on approval of the full amount of Multi -Modal funding by New York State, RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the federal and non-federal shares of the cost of Design, ROW, Construction, and Construction Inspection and Supervision work for the subject Project or portions thereof, RESOLVED, further, That, subject to New York State's commitment of $512,000 to support the Project, the sum of $1,468,734.00 is hereby made available within account HZ5103.59239.53.14, Pine Tree Road Capital Project Account, to cover the cost of participation in the above phases of the Project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project 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 or the Southern Tier Region Economic Development Corporation 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 Multi -Modal Program Funding on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project, and providing for the administration of the Project and the municipality's first -instance funding of Project costs, and permanent funding of the local share of federal -aid and 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, required, and/or appropriate Agreements executed in connection with the Project between the County of Tompkins and the State of New York, RESOLVED, further, That this resolution shall take effect immediately. 156 June 19, 2012 SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature, no further action required) ********** Withdrawal of Resolution Ms. Robertson gave the appropriate Committee Chair permission to withdraw the following resolution from the agenda: Resolution: Authorization to Implement and Fund Via State Multi -Modal Program Aid - Pine Tree Road Bike and Pedestrian Paths (PIN 395043) (Submitted by Legislator McKenna) (DOC ID: 3468) * * * * * * * * * * Government Operations Committee Resolution 2012-107: Proposed Amendment to the Constitution of the United States in Response to the Supreme Court's "Citizens United" Decision (DOC ID: 3381) RESULT: ADOPTED [8 TO 5] MOVER: Dooley Kiefer, Member SECONDER: Pamela Mackesey, Member AYES: Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Pryor, Robertson, Stein NAYS: Dennis, Lane, McKenna, Proto, Robison EXCUSED: Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the United States Declaration of Independence, the Constitution and its Bill of Rights, and the Gettysburg Address define what is unique and exceptional about our nation, and WHEREAS, these documents repeatedly use the words "people" and "men" when addressing the fundamental goals and rights for all American citizens, and WHEREAS, the authors of these documents clearly intended "people" and "men" to refer to human beings who are citizens of the United States and not to corporations or other entities, and WHEREAS, the founders of our nation could never have anticipated the degree to which several Supreme Court decisions purportedly stemming from these words together with the wealth and technology currently available to corporations, other entities and a few individuals in America have made it possible for a single person, corporation, or entity to anonymously drown out the collective voices of everyone else, and WHEREAS, the right of all people to speak and be heard is a bedrock principle of any nation that aspires to be free and democratic, and WHEREAS, each and every American's precious right of free speech becomes meaningless unless their speech is legal and their words have a reasonable chance of being heard, and WHEREAS, the degree to which highly funded political action committees can influence the outcome of elections has been amply demonstrated in recent election cycles, and WHEREAS, a series of Supreme Court decisions have made it impossible for the legislative process alone to restore the integrity of federal, state, and local elections, now therefore be it 157 June 19, 2012 RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature urges the United States Congress to join the tens of thousands of citizens, local governments, and organizations across America that call for an amendment to the United States Constitution to clearly and unambiguously state that inalienable rights recognized under the constitution belong to human beings only, not to legal entities such as corporations and limited liability companies or labor unions, and that money is not speech, and thus regulating political campaign contributions, and political campaign spending, does not abridge free speech and thus would allow federal and state governments to limit the political speech of corporations, other organizations, and individuals so long as those limitations are enforced equally for each entity, RESOLVED, further, That we ask the drafters of any Constitutional Amendment to pay particular attention to the wording of any such amendment so as not to have unintended consequences that would abrogate existing corporate legal obligation such as contracts, RESOLVED, further, That over time certain rights and privileges, such as owning private property and entering into legally binding agreements such as contracts, have been granted to corporations to enable them to engage in commerce and development as part of the economic fabric of our country and the world, and these must be taken into account and balanced with public interest in protecting such things as public health and our common environment when crafting any Constitutional amendment. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-108: Proposed Amendment to the Constitution of the United States (DOC ID: 3417) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Dooley Kiefer, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, Pryor, Robertson, Stein David McKenna, Frank Proto, Brian Robison Kathy Luz Herrera, Nathan Shinagawa WHEREAS, Democracy and Liberty are the twin pillars upon which our nation was founded, has prospered, and continues to rest, and WHEREAS, the elections in which we choose those who govern us are the most basic events that test and define our democracy, and WHEREAS, the first amendment's prohibition of any abridgment of freedom of speech is a statement of faith that democracy works best when there is a free flow of information and beliefs, and WHEREAS, the founders of our nation could never have anticipated the degree to which several Supreme Court decisions together with the wealth and technology currently available to wealthy individuals, corporations, and other entities in America have made it possible for a single person, corporation, or entity to anonymously drown out the collective voices of everyone else, and WHEREAS, each and every American's precious right of free speech becomes meaningless unless their words have a reasonable chance of being heard, and WHEREAS, the degree to which highly funded Political Action Committees can influence the 158 June 19, 2012 outcome of elections has been amply demonstrated in recent election cycles, and WHEREAS, these Supreme Court decisions have made it impossible for the legislative process to restore the integrity of federal, state, and local elections, and WHEREAS, the right of all people to speak and be heard is a bedrock principle of any nation that aspires to be free and democratic, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature urges the United States Congress to craft an amendment to the United States Constitution to allow federal and state governments to ban, limit, or otherwise regulate all broadcast and cable advertisements, other than those financed by the candidates or their political parties, that directly refer to candidates during and immediately prior to elections. Any such bans, limitations, or regulations must be enforced equally for all persons and entities no matter what ideas and policies they support or oppose, and must be consistent with the first amendment's freedom of press clause. SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-109: Approval of Bylaws of the Tompkins County Strategic Tourism Planning Board (DOC ID: 3426) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Strategic Tourism Planning Board has updated and revised its bylaws to incorporate term limits for board members, establish associate member positions, and reflect current procedures, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the bylaws of the Tompkins County Strategic Tourism Planning Board be and hereby are approved, RESOLVED, further, That a copy of the adopted bylaws shall be kept on file in the office of the Clerk of the Legislature. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-110: Authorizing Public Hearing for Local Law No. 4 of 2012 - A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County (DOC ID: 3352) 159 June 19, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Legislature wishes to enact "A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County", now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, July 3, 2012, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 4 of 2012 - A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 ********** Budget, Capital, and Personnel Committee Resolution 2012-111: A Bond Resolution Authorizing the Issuance of $350,000 Serial Bonds of the County of Tompkins, New York, to Pay a Portion of the Cost of Reconstruction of the Building Located at 615 Willow Avenue (DOC ID: 3420) Adopted by roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa 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 reconstruction of a building located at 615 Willow Avenue leased by the County from the Cornell Cooperative Extension of Tompkins County, and WHEREAS, the Project consists of replacement, rehabilitation, and reconstruction of a facility, in kind, on the same site, and and WHEREAS, the County has reviewed the classifications of actions contained in the Regulations, 160 June 19, 2012 WHEREAS, it is now desired to authorize the undertaking and financing of the Project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the County Legislature of the County of Tompkins, New York, (by favorable vote of not less than two thirds of said County Legislature) determines as follows: Section 1. 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 preliminary costs and costs incidental thereto and the financing thereof, there are hereby authorized to be issued $350,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. The maximum estimated cost of the aforesaid class of objects or purposes is $350,000 and that the plan for the financing thereof is by the issuance of up to $350,000 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 25 years under subdivision 12(a)(1) of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 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 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. 161 June 19, 2012 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 that should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 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 I1-2 * * * * * * * * * * Resolution 2012-112: Amendment to the County's 2008-2012 Capital Program to Include Improvements to the Building Commonly Known as the Cornell Cooperative Extension of Tompkins County Building (DOC ID: 3419) Motion To: Table to next meeting to allow action by Capital Program Review Committee: 162 June 19, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [4 TO 9] Frank Proto, Member Pamela Mackesey, Member Dooley Kiefer, Pamela Mackesey, Leslyn McBean-Clairborne, Frank Proto Burbank, Chock, Dennis, Lane, McKenna, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 11 James Dennis, Member Michael Lane, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Stein Frank Proto Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the County wishes to support necessary capital improvements to the County -owned building commonly known as the Cornell Cooperative Extension of Tompkins County Building, and WHEREAS, the $350,000 cost of such improvements will be supported by a $350,000 bond issued by the County, and WHEREAS, the annual debt service cost associated with the bond will be paid to the County by Cornell Cooperative Extension via a lease agreement with the County, ensuring the project will have no local dollar impact, and WHEREAS, the project is not included in the County's Capital Program, and WHEREAS, the County wishes to accelerate this project in order to address critical building needs and realize favorable interest rates that exist in the present debt market, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Personnel, and Capital Committees, That the 2008-2012 Capital Program be amended to provide $350,000 in funding for, and recognize offsetting revenues associated with, the Improvements to the Cornell Cooperative Extension of Tompkins County Building. SEQR ACTION: TYPE II -21 * * * * * * * * * * Resolution 2012-113: Adoption of Local Law No. 2 of 2012 — A Local Law Overriding Tax Levy Limit for Fiscal Year 2013 (DOC ID: 3329) 163 June 19, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] James Dennis, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Kiefer, Lane, McKenna, Pryor, Robertson, Robison, Stein Pamela Mackesey, Leslyn McBean-Clairborne, Frank Proto Kathy Luz Herrera, Nathan Shinagawa 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 to ensure that any State recalculation of the applicable limit will not make the County inadvertently out of compliance, and WHEREAS, a public hearing was held before the Tompkins County Legislature on June 5, 2012, to hear all persons interested in proposed Local Law No. 2 of 2012, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Local Law No. 2 of 2012 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2013 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 ********** Resolution 2012-114: Supporting S5629-B/A6575 - an Act to Amend the Tax Law in Relation to Authorizing Certain Counties, Cities, and School Districts to Impose Up to a Four Percent Rate of Sales and Compensating Use Taxes Pursuant to the Authority of Article 29 of Such Law and to Preserve the Authority of Certain Counties and a City to Impose Such Taxes at Rates in Excess of Four Percent; and to Repeal Certain Provisions of Such Law Relating Thereto (DOC ID: 3481) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] James Dennis, Member Michael Lane, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Stein Frank Proto Kathy Luz Herrera, Nathan Shinagawa WHEREAS, local governments authorized to impose and collect a local sales tax are required to secure biennial approval by the State Legislature for a local sales tax rate in excess of 3%, and 164 June 19, 2012 WHEREAS, 52 counties impose additional rates of tax in excess of 3%, and WHEREAS, the requirement to secure such State approval every two years adds to the significant fiscal uncertainty faced by local governments that impose the tax as well as for many more local governments and schools that share in the proceeds of the local sales tax, and WHEREAS, the home rule process required to secure State approval every two years is cumbersome, costly, and adds to the administrative burdens of local governments and of the State Legislature, and WHEREAS, legislation has been introduced within both the New York State Assembly (A6575) and Senate (S5629 -B) that would end the practice of requiring state approval and renewal for local sales tax rate changes, up or down, that do not exceed four percent, and WHEREAS, S5629-B/A6575 would not affect the current distribution formula governing the allocation of sales tax revenue within Tompkins County, and WHEREAS, the New York State Association of Counties has endorsed this home rule legislation as a means to provide mandate relief and enhanced fiscal management tools for local governments, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature endorses, supports, and encourages the New York State Legislature to adopt A6575/S5629-B to amend the tax law, RESOLVED, further, That the Clerk of the Legislature shall forward this resolution to Senators Thomas O'Mara, James Seward, and Michael Nozzolio, Assemblywoman Barbara Lifton, the Senate Majority Leader, the Speaker of the Assembly, the Governor, and the New York State Association of Counties. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Ms. Pryor was excused at this time. Facilities and Infrastructure Committee Resolution 2012-115: Authorizing a Supplemental Consultant Agreement with C&S Companies to Conduct a Feasibility Study for the Terminal Expansion and Security Improvements — Ithaca Tompkins Regional Airport (DOC ID: 3413) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 3] Dooley Kiefer, Member Leslyn McBean-Clairborne, Member Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Stein Will Burbank, Carol Chock, Pamela Mackesey Kathy Luz Herrera, Pat Pryor, Nathan Shinagawa WHEREAS, after the terrorism attacks of September 11, 2001, the Transportation Security Administration (TSA) was formed and each airport was required to accommodate TSA equipment and employees to help combat a potential terrorism threat, and 165 June 19, 2012 WHEREAS, many airports, including the Ithaca Tompkins Regional Airport, have made temporary arrangements for the TSA and its equipment in facilities that are not really suitable, awaiting a better plan and financing that would provide more efficient accommodations, and WHEREAS, the TSA is now planning to upgrade its equipment and greatly improve the efficient handling of checked baggage and needs a feasibility study completed to provide for better accommodation of equipment and employees, and WHEREAS, due to time constraints for applying to the Federal Aviation Administration for this grant, no bids will be sought, and WHEREAS, C&S Companies of Syracuse, New York, the County's "five-year preferred engineering consultant" has proposed the following budget for said feasibility study: Federal Aviation Administration Share (90%) $146,180 New York State Department of Transportation Share (5%) $ 8,121 Local Share (Airline Fees) (5%) $ 8,121 Total $162,422 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to an Independent Fee Estimate (IFE) being conducted to determine the fee is fair the agreement with C&S Companies for $162,422 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, RESOLVED, further, That the local share of $8,121 will come from the Airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE I1-21 * * * * * * * * * * Reconsideration of Resolution Motion To: Reconsider the resolution adopted June 5, 2012 entitled: "Resolution 2012-98: Calling for an Amendment to the Constitution to Abolish Corporate Personhood" RESULT: DEFEATED [5 TO 7] MOVER: James Dennis, Member SECONDER: Michael Lane, Member AYES: Dennis, Kiefer, Lane, Proto, Robison NAYS: Burbank, Chock, Mackesey, McBean-Clairborne, McKenna, Robertson, Stein EXCUSED: Kathy Luz Herrera, Pat Pryor, Nathan Shinagawa Withdrawal of Resolution The Chair gave the Mr. Stein permission to withdraw a resolution containing the same language as Resolution No. 115: 166 June 19, 2012 Resolution (ID # 3447): Authorizing a Supplemental Consultant Agreement with C&S Companies to Conduct a Feasibility Study for the Terminal Expansion and Security Improvements — Ithaca Tompkins Regional Airport Minutes Approval - June 5, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Frank Proto, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer Kathy Luz Herrera, Nathan Shinagawa Adjournment The meeting adjourned at 10:13 p.m. 167 July 3, 2012 Regular Meeting Public Hearings Authorizing a Public Hearing for Local Law No. 4 of 2012 - A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County Ms. Robertson called the public hearing to order at 5:30 p.m. and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Authorization for Public Hearing - Tompkins Cortland Community College Operating Budget - 2012-2013 Ms. Robertson called the second public hearing to order at 5:31 p.m. and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Present: 15 Legislators (Ms. Chock arrived at 5:33 p.m.). Mr. Stein was excused at 7:25 p.m. Privilege of the Floor by the Public Ms. Chock arrived at this time. Victor Tiffany, Town of Danby and Member of Move to Amend, spoke concerning rights granted to corporations in the United States Constitution and reported last week the Danby Town Board adopted a resolution akin to the one this Legislature adopted. He commended the eight Legislators who supported the broader resolution at the last meeting. Resolutions Added to and Withdrawn from the Agenda Motion To: Add to the agenda the resolution entitled Authorization to Continue the Homeownership Program through Use of Program Income Funds and to Contract with Better Housing for Tompkins County: RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * Motion To: Add to the agenda the resolution entitled Authorization to Execute Quitclaim Deeds - Sale of Foreclosure Properties at Public Auction: 168 July 3, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Michael Lane, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * Approval of Resolutions Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED BY CONSENT [UNANIMOUS] Pat Pryor, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * Resolution 2012-116: Budget Adjustment - County Clerk (DOC ID: 3485) 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 Committees, That the Director of Finance be directed to make the following budget adjustments on his books: County Clerk Revenue Acct Title Amt Approp Acct Title(s) 1410.43089 Other State Aid $37,500 1410.54442 Professional Services Explanation: This is a grant that was accepted in 2011 but the payment was received now. This is for the large-scale scanning project where Challenge Industries is our vendor. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-117: Acceptance of Grant from Community Health Foundation of Western and Central New York for Assistance with Learning Session Expenditures (DOC ID: 3486) WHEREAS, the Tompkins County Office for the Aging is a participant in the Community Based Care Transitions Program funded through the Centers for Medicare & Medicaid Services, and WHEREAS, a requirement of participation in the program includes attending quarterly Learning Sessions in Baltimore, Maryland, and WHEREAS, the expenditure of attending said Learning Sessions poses a financial burden on the Tompkins County Office for the Aging, and 169 July 3, 2012 WHEREAS, the Community Health Foundation of Western and Central New York is committed to supporting successful implementation and results of the Community Based Care Transitions Program in the region, and WHEREAS, the Community Health Foundation of Western and Central New York has expressed a willingness to cover the hotel costs associated with these Learning Sessions, and WHEREAS, the duration of the grant will be from July 1, 2012 through December 31, 2013, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, that the County hereby accepts this grant of $6,000 RESOLVED, further: that the County Administrator or his designee is authorized to sign all contracts and documents related to this grant RESOLVED, further: That the Finance Director is authorized to make the following adjustments to his books: REVENUE A6792.42770 APPROPRIATION A6792.54412 SEQR ACTION: TYPE II -20 Other Miscellaneous Revenue $6,000 Travel and Training * * * * * * * * * * Approval of Appointments Under the Consent Agenda $6,000 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Environmental Management Council Pegi M. Ficken - Town of Groton representative; term expires December 31, 2013 Scott Miller - At -large representative; term expires December 31, 2012 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-118: Endorsing Tompkins Cortland Community College Campus Master Plan and Approving Expansion and Renovation of Tompkins Cortland Community College Facilities Subject to State Approval and Funding (DOC ID: 3457) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein 170 July 3, 2012 WHEREAS, the Cortland County Legislature and the Tompkins County Legislature as sponsors of Tompkins Cortland Community College, recognize the need for building space modifications within the Tompkins Cortland Community College campus to address the need for additional classroom space, student support services space, and infrastructure preservation to the College, and WHEREAS, the State University of New York (SUNY) requires all campuses to provide a five- year campus master plan, and WHEREAS, the College entered into an agreement with HOLT Architects, P.C., for the development of a five-year Campus Master Plan with a focus on instructional space utilization, and WHEREAS, the Campus Master Plan has been completed under guidance and direction of college officials producing an updated Campus Master Plan that will guide the college and its sponsors in ensuring the integrity of the physical plant and in providing for the programmatic needs of the college, and WHEREAS, HOLT Architects, P.C., has estimated that all costs related to the Campus Master Plan are not likely to exceed $7,050,000, one-half of which would be funded by New York State and one- half by the local sponsors, and WHEREAS, the local sponsor share of the principal will be funded by Tompkins Cortland Community College's Capital Chargeback Fund, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature does hereby approve the Tompkins Cortland Community College Campus Master Plan, RESOLVED, further, That subject to the approval of said Master Plan by the State and the appropriation of 50% (fifty percent) State funding, this Legislature does hereby approve the undertaking of the Campus Master Plan, RESOLVED, further, That Tompkins Cortland Community College shall submit to the State appropriate applications and information necessary for approval and funding of the Campus Master Plan, RESOLVED, further, That certified copies of this Resolution be sent to the Cortland County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-119: Adoption of 2012-2013 Operating Budget - Tompkins Cortland Community College (DOC ID: 3456) Motion To: Amend the resolution as follows: Add at the end of the second Whereas "...and heard all persons wishing to speak on this topic" and add to the first Resolved following the dollar amount "... approximately one percent more than the 2011-2012 amount...be": RESULT: WITHDRAWN 171 July 3, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2012, through August 31, 2013, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 3rd of July 2012, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That said proposed 2012-2013 operating budget in the amount of $37,487,084 of which the total sponsoring community contribution is in the amount of $4,297,464 be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2012 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2012, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2013, RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE I1-20 Note: The local sponsor's share is one percent more than the 2011-2012 amount. * * * * * * * * * * Resolution 2012-120: Approval of the Appropriation of Surplus Funds Tompkins Cortland Community College (DOC ID: 3458) The resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2011, through August 31, 2012, was adopted via Res. No. 98 of 2011, and WHEREAS, final enrollment for 2010-2011 and projected enrollment for 2011-2012 are both less than budgeted causing state aid and tuition revenues to be lower than planned, and WHEREAS, the College has available surplus totaling $1,487,168 as of August 31, 2011, and 172 July 3, 2012 WHEREAS, it has been estimated that the College will need $150,000 in surplus funds to replace lost revenue, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That surplus funds in the amount of $150,000 be appropriated to replace lost revenue, RESOLVED, further, That certified copies of this resolution be sent to the Cortland County Legislature and the Board of Trustees of Tompkins Cortland Community College, for their approval. SEQR ACTION: TYPE II -20 ********** Resolution 2012-121: Adjustments to the 2012 Budget — City of Ithaca — Municipal Sales Tax Agreement (DOC ID: 3452) Mrs. McBean-Clairborne requested receiving a list of the agencies and what amount they receive; Mr. Mareane agreed to provide that information. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Resolution No. 87 of 1993 gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and WHEREAS, actual collections within the City of Ithaca increased by 4.2% percent in 2011, and WHEREAS, budget adjustments are necessary to recognize the increase in sales tax compared to what was projected, 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 2012 budget adjustments: Budget Appropriation: From: City/County Sales Tax Agreement A6901 To: OAR A6315.54400 OAR A6315.41111 HSC Agencies A6305.54400 HSC Agencies A6305.41111 County/City Program 6901.54666 County/City Program 6901.41111 Total Change .54666 Budget 7,596 7,596 322,646 322,646 522,163 522,163 173 ($9,639) 2012 Due Change 7,676 80 7,696 80 326,068 3,422 326,068 3,422 509,022 -13,141 509,022 -13,141 ($9,639) SEQR ACTION: TYPE 11-20 July 3, 2012 * * * * * * * * * * Resolution 2012-122: Budget Adjustment and Appropriation of Unspent Funds from 2011 to Various Accounts for Departments that Report to the Budget, Capital, and Personnel Committee (DOC ID: 3480) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2011 resulting in a surplus of $631,610 on the County's books as of December 31, 2011, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments that report to the Budget, Capital, and Personnel Committee in the amount of $2,487 in the current year budget, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $2,487 TO: Department Use of Funds Account Requested Rollover Personnel Department $2,487 To support summer aide involved in 1430.51000357 $1,589 scanning personnel records. Related fringes SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess 1430.58800 $898 Ms. Robertson declared recess at 7:25 p.m. The meeting reconvened at 7:36 p.m. Mr. Stein was excused at 7:25 p.m. Government Operatons Committee 174 July 3, 2012 Resolution 2012-123: Authorizing Request for Proposals for County Property (DOC ID: 3476) Following discussion, Ms. Robertson clarified that the RFP dated June 26, 2012, is the version under discussion and on the table for consideration. Mrs. McBean-Clairborne asked if the document could include language pertaining to workforce diversity and inclusion; Mr. Marx agreed to add said language. Motion To: Amend the Request for Proposal by adding the following language to the second sentence to the Payment for Property section: "interest to be paid based on market rates as determined by the Finance Director, not to exceed three percent: Motion To: Amend the amendment to make it a stand-alone sentence and add the word "Interest may be charged at a market...": Motion To: Call the Question: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] Michael Lane, Member James Dennis, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Pryor, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer, Leslyn McBean-Clairborne, Frank Proto Peter Stein * * * * * * * * * * The following is the vote on the amendment to the amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Leslyn McBean-Clairborne, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa Martha Robertson Peter Stein * * * * * * * * * * The amendment was amended as follows and became the main motion: "Interest may be charged at a market rate as determined by the Finance Director not to exceed three percent." The following is the vote on the amendment as amended: 175 July 3, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa Kathy Luz Herrera, Dooley Kiefer, Martha Robertson Peter Stein * * * * * * * * * * The following is the vote on the resolution: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, Tompkins County owns 25.5 acres of vacant land and an adjacent 0.9 acre parcel containing a vacant structure, located adjacent to one another on Harris B. Dates Drive in the Town of Ithaca, and WHEREAS, these parcels were previously part of a larger parcel that included the site of the County Health Department (Biggs Building), and WHEREAS, in 2007 the Legislature endorsed a Housing Strategy for Tompkins County calling for the development of nearly 4,000 new housing units over ten years, and WHEREAS, in 2008 the Legislature adopted the Energy and Greenhouse Gas Emissions element of the County Comprehensive Plan calling for at least an 80% reduction in emissions by 2050, and WHEREAS, it has been the long -stated desire of Tompkins County to make use of the Harris B. Dates Drive properties in a manner that makes a positive contribution to the community while also supporting the capital project budget for moving the County Health Department to Brown Road, and WHEREAS, to that end the Biggs Building was sold to Cayuga Medical Center in 2010 and the subject property was included in a Climate Showcase Communities grant application to the United States Environmental Protection Agency as a site on which to develop principles and guidelines for a model residential community that would demonstrate reduction of greenhouse gas emissions from new development, and WHEREAS, the EPA Climate Showcase Communities grant was awarded in 2011 and is now being implemented, and WHEREAS, the Town of Ithaca is supportive of the guidelines developed, but has identified an alternative use for this parcel and suggests such a development may be more suitable to the West side of Route 96, and WHEREAS, a Request for Proposals (RFP) has been prepared to seek developers for this 176 July 3, 2012 community, including requirements for highly energy-efficient, pedestrian -oriented dwellings with transit access, that will provide a high-quality living environment on a portion of the property while protecting the majority of the site as open space, and WHEREAS, the County has worked with the Town of Ithaca at each step of decision-making regarding this property from subdivision and sale of the Biggs Building to Cayuga Medical Center, through preparing the grant application, to development of the RFP to seek developers for the subject property, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature authorizes the release of Request for Proposals for the property consisting of Town of Ithaca tax parcels 24.-3-2.222 and 24.-3-2.223, RESOLVED, further, That the Legislature will review and decide whether to approve or reject any proposal for sale or lease and development of the property that may be received in response to the Request for Proposals. SEQR ACTION: TYPE II -21 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-124: Authorization to Continue the Homeownership Program through Use of Program Income Funds and to Contract with Better Housing for Tompkins County (DOC ID: 3504) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, the County received Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) administered by New York State in 1993, 1994, 1996, 1997, 1998, 1999, 2000, 2002, 2005, 2007, and 2010 for the purpose of continuing its successful existing home mortgage program for first-time homeowners, and WHEREAS, the County operates a homeownership program that serves low -to -moderate income first-time homebuyers, and WHEREAS, the County operates through the provision of financing on which payment is deferred for five years, and WHEREAS, the County repayment on these monies began in September 1995 and, under the rules of HUD Small Cities Program, these program income funds must be respent for like purposes as the original grants, and WHEREAS, Better Housing for Tompkins County has successfully administered the homeownership program for the duration of the program and is willing and able to continue their role, and WHEREAS, these funds will assist approximately thirteen families in Tompkins County to 177 July 3, 2012 become first-time homeowners, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby authorizes the use for the homeownership program of Small Cities CDBG Program Income funds in the amount of $400,000, RESOLVED, further, That the County Administrator be authorized to enter into a contract with Better Housing for Tompkins County to continue its role in the homeownership program using program income funds, RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment: Revenue CD8695.42411 Appropriation CD8695.54400 SEQR ACTION: TYPE II -20 Health and Human Services Committee Program Income $400,000 Program Expense $400,000 ********** Resolution 2012-125: Authorizing a Public Hearing on Proposed Local Law No. 3 of 2012 — Amending the Tompkins County Charter — Article 9 — Department of Health (DOC ID: 3436) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, the County has authorized the closure of the Certified Home Health Agency (CHHA) and the operation of a Licensed Home Care Services Agency (LHCSA), and WHEREAS, the County Charter, Article 9, C-9.04. Board of Health; appointment; powers and duties needs to be revised to reflect the closure of the CHHA and the operation of a LHCSA, now therefore be it RESOLVED, on recommendation of the Health and Human Services 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 July 17, 2012, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 2012 - Amending the Tompkins County Charter - Article 9 - Department of Health regarding changes to the Tompkins County Charter Article 9 Department of Health reflecting the closure of the CHHA and the operation of a LHCSA. 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. 178 July 3, 2012 SEQR ACTION: TYPE 11-20 ********** Government Operations Committee Resolution 2012-126: Appropriation from Contingent Fund - Electronic Mail (E -Mail) Archiving - Information Technology Services (DOC ID: 3472) This resolution was adopted by a short roll vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, Tompkins County Departments, Elected Officials, and citizens rely on electronic mail (e-mail) as a primary form of communication and information exchange related to all aspects of Tompkins County governmental services and programs, and WHEREAS, it has been determined that the combined functionality of the County's e-mail system (GroupWise) and the County's current data backup system (Commvault) does not collectively provide an adequate solution to meet the needs of public records retention and retrieval requirements associated with electronic discovery (E -Discovery) and New York State Freedom of Information Law (FOIL) requests, and WHEREAS, Tompkins County Departments, the Information Technology Services Department (ITS); and the County Attorney's Office have expressed the need for an advanced e-mail archiving solution based on functional requirements to (1) provide archive and retention rules for all e-mail either distributed from or received into the County's e-mail system; (2) provide the ability for a query of e-mail content and attached records across all Tompkins County -hosted e-mail user accounts; (3) provide a more timely and efficient manner to respond to E -Discovery and FOIL requests regarding the inclusion of e- mail records; and (4) provide the ability to deliver the results of E -Discovery and FOIL requests which include e-mail public records in an electronic format usable by the requesting party, and WHEREAS, the Tompkins County Administrator instructed ITS to complete a review and provide a recommendation for an e-mail and/or e-mail archiving system solution to meet these needs, and WHEREAS, funds were not budgeted to provide for an e-mail archiving solution in the 2012 ITS operating budget and Contingent Fund monies are required to advance this project, now therefore be it RESOLVED, on recommendation of the Governmental Operations and the Budget, Capital, and Personnel Committees, That the request for contingency funding be granted and that the Finance Director be authorized to make the following adjustments to his books: FROM: A1990.54440 Contingent Fund $58,820 TO: A1680.52202 Network Components $ 6,370 A1680.54442 Professional Services $12,995 A1680.52230 Computer Software $39,455 SEQR ACTION: TYPE II -20 * * * * * * * * * * 179 July 3, 2012 Resolution 2012-127: Budget Adjustment and Appropriation of Unspent Funds from 2011 to Various Accounts for Departments that Report to the Government Operations Committee (DOC ID: 3477) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2011 resulting in a surplus of $631,610 on the County's books as of December 31, 2011, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments that report to the Government Operations Committee in the amount of $163,397 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 TO: Department Use of Funds $163,397 Account Requested Rollover Assessment Department $18,712 iPads for Field Data Input Access Fee for iPads New Color Printer for use with ITS/GIS/Assessment (old one died at the start of printing tax maps) 1355.52206 1355.54472 1355.52206 $2,516 $1,600 $4,100 Conversion to new public interface 1355.54442 $10,496 that will integrate completely with new County Clerk EDMS. The current product we use has not been supported by the company that created it for 3 years. Board of Elections $13,499 Replace old carpet from 1997 in 1450.54470 $8,999 office, ripped and soiled. There 180 County Administration County Attorney County Clerk July 3, 2012 are some safety concerns in areas. Secure and accessible door to our area. Office computers are up for 1450.52206 $4,500 replacement this year. $1,998 Computer Desk Chair 1230.52214 $400 Conference Chairs 1230.52206 $1,200 2 Software licenses for Adobe 1230.52230 $398 Professional $1,600 Computer Software 1420.52230 $300 Computer equipment 1420.52206 $1,300 $122,988 Purchase of VM license 1410.52230 $12,287 Professional services contract 1410.54442 $12,990 with existing network support vendor to assist with implementation of technical solution for project Purchase of 2 servers 1410.52206 $12,739 Purchase of additional memory 1410.52206 $1,432 Scanning paper records at 1410.54442 $83,540 records center (Challenge Industries is vendor) Legislature $4,600 Microsoft Office Upgrade for 1040.52230 $1,900 Legislature Staff, laptops, and Chair Replacement of 2 laptop computers and 1 desktop computer SEQR ACTION: TYPE I1-20 * * * * * * * * * * 181 1040.52206 $2,700 July 3, 2012 Resolution 2012-128: Authorization to Execute Quitclaim Deeds - Sale of Foreclosure Properties at Public Auction (DOC ID: 3498) RESULT: ADOPTED [UNANIMOUS] MOVER: Dooley Kiefer, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa EXCUSED: Peter Stein WHEREAS, in accordance with the procedures outlined in Policy 01-07 - Land Transactions, the Government Operations Committee approved on June 19, 2012, the list below of Tax Parcels to be acquired thru tax foreclosure, and then sold at public auction to recover unpaid taxes, and 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 25, 2012, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE I1-20 Municipality Tax Map Auction Bid 2012 Assessment Town of Dryden Ellis Hollow Rd 76-1-30 $ 7,500 $ 30,600 Brooktree Lane 76-1-31 $ 7,500 $ 36,900 733 Irish Settlement Rd 63-1-17 $ 28,000 $ 60,000 980 Dryden Rd 56-3-5 $ 37,500 $ 55,000 315 Scofield Rd 21-1-30.1 $ 40,500 $ 70,000 589 Etna Rd 41-1-11 $ 25,500 $ 40,000 Town of Lansing 452 Jerry Smith Rd 9-1-25 $ 24,500 $ 85,000 180 Drake Rd 35-3-15 $ 2,400 $ 18,300 Town of Enfield Halseyville Rd 2-2-2 $ 35,000 $ 24,000 Town Of Danby Brown Rd. 16-1-7.2 $ 43,800 $ 43,800 Total Sales $ 252,200 Total Assessment $ 463,600 Sale % of Value 54% * * * * * * * * * * 182 July 3, 2012 Individual Member -Filed Resolutions Resolution 2012-129: Resolution in Support of Expanding Emergency Planning Zones Around Nuclear Power Plants (DOC ID: 3515) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Peter Stein WHEREAS, of the 104 nuclear power plants currently operating in the United States, 23 of them are the same design as the Fukushima-style General Electric Mark 1 boiling water reactor, and two of those are in central New York State (FitzPatrick and Nine Mile Point 1, both in Oswego), and WHEREAS, after the 1979 Three Mile island accident the nation's nuclear regulators adopted community emergency -planning requirements for both a plume exposure pathway (10 -mile radius evacuation planning) and an ingestion pathway (25 -mile -radius monitoring and possible interdiction of foods), with both numbers based on models rather than experience, and WHEREAS, the April 1986 Chernobyl nuclear accident resulted in interdiction of contaminated food and livestock hundreds of miles away (and as far away as contaminated livestock in Wales, 1000 miles from Chernobyl), and WHEREAS, the March 2011 nuclear accident at Fukushima resulted in a mandatory evacuation within a 12 -mile radius around the Fukushima Daiichi nuclear site, a recommended evacuation within an 18 -mile radius, and actual evacuation of villages 25 miles to the northwest, as well as numerous documented instances of contaminated food and livestock more than 100 miles away, and the U.S. government warned U.S. citizens to stay at least 50 miles away, and WHEREAS, in response to the March 2011 Fukushima disaster the U.S. Nuclear Regulatory Commission (NRC) established a Task Force to determine lessons learned and to review NRC regulations to see if any additional measures are warranted, and WHEREAS, the NRC Task Force issued its report on July 11, 2011, concluding there is no imminent risk but that enhanced to safety and emergency preparedness are warranted, issued a dozen proposed regulations, and continues to make additions and recommendations, and WHEREAS, in seeming contradiction to this, the NRC published in a December 2011 Federal Register changes to community emergency planning that had been in the works for several years and that took effect December 23 and that require fewer exercises for major accidents and recommend that fewer people be evacuated right away; these changes clearly seem to clash with the lessons learned from Fukushima, and WHEREAS, on February 12, 2012, in response to these changed emergency preparedness regulations, the Nuclear Information and Resource Service (NIRS) and 37 co -petitioners filed a Petition for Rulemaking with the NRC to expand emergency planning and evacuation zones and strengthen emergency regulations, and WHEREAS, tornadoes, hurricanes, and floods during 2011 caused loss of offsite power and other 183 July 3, 2012 damage to several nuclear reactor sites across the United States, including Browns Ferry in Alabama, Surry in Virginia, Calvert Cliffs in Maryland, and Fort Calhoun in Nebraska, demonstrating that natural disasters can challenge nuclear safety systems, and current NRC regulations do not require emergency exercises to include scenarios with regionally appropriate initiating or concurrent natural disasters, and WHEREAS, most nuclear reactors were licensed with an expected life of 40 years and, when sited 40 years ago, were in low -population areas, but today hundreds of millions of Americans live within 50 miles of a nuclear power plant, and WHEREAS, current NRC emergency planning regulations are inadequate to sufficiently protect residents of Tompkins County, now therefore be it RESOLVED, That the Tompkins County Legislature is in favor of the U.S. NRC expanding emergency planning zones and improving its regulations to reflect updated radiation science and the real- world lessons learned from Fukushima and elsewhere, as reflected in the NIRS Petition for Rulemaking. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Minutes Approval - June 19, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 2] Frank Proto, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer Peter Stein Recess Ms. Robertson declared recess at 9:10 p.m. The meeting reconvened at 9:15 p.m. Executive Session Motion To: Enter into executive session to discuss real estate negotiations: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] James Dennis, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Dooley Kiefer Peter Stein An executive session was held at 9:15 p.m. and returned to open session at 9:35 p.m. Adjournment The meeting adjourned at 9:35 p.m. * * * * * * * * * * 184 July 17, 2012 Regular Meeting Public Hearing — Local Law No. 3 of 2012 - A Local Law to Amend the Tompkins County Charter Article 9 - Department of Health Ms. Robertson called the public hearing to order at 5:30 p.m. concerning Public Hearing - Local Law No. 3 of 2012 - A local law to amend the Tompkins County Charter Article 9 - Department of Health and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:30 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll CaII of Members Present: 13 Legislators. Excused - 2 (Legislators Herrera and Shinagawa). Proclamation Ms. Robertson proclaimed the week of July 15-21, 2012, as Probation Community Supervision Week and presented the proclamation to Pat Buechel, Director of Probation and Community Justice Department. Privilege of the Floor by the Public Bernie Hutchins, Hanshaw Road, submitted the following statement: "Very likely, the most annoying thing about this public comment segment is that while we get to speak, the County is never required to answer. Can't we change this? How disappointing to not even have the slightest reaction to suggest that anyone was even listening. No matter how outlandish a county action is, how does a citizen deal with total silence? No one in the private sector would get anything like that kind of pass. "For at least five years, on and off, I have been trying to get the County to discuss its claim of Right -of -Way by Use at my property, as shown in the photo on my handout. There we see three strips, two strips being seized by Eminent Domain, not what I am discussing here, and what Highway calls the "No -Man's Land" which they claim they already own by use. "In January 2011, John Lampman at a public meeting, listed the criterion, as printed on the handouts. None of these apply at my property. "So I asked Jon Wood, specifically, on June 15, 2012, " on what basis, exactly, do you make this claim of public use? " "He replied (same date) "....Aside your property there is a pronounced slope down from the shoulder of the road that is used to support the shoulder and for drainage, both road uses. " "Let's concentrate on the drainage claim. If it were a drainage feature, there really should be water there, at least sometimes. More importantly, one end of the feature should be an outlet from a ditch or swale. There is no outlet. The east end is highest and the west end is blocked by the driveway, as seen in the photo. There are no pipes. I invite anyone, and everyone, to come up and see the property in question. 185 July 17, 2012 "Well, we don't need an outlet because there is no water, standing or moving, ever. When the glacier left Ithaca 12,000 years ago, it left us a 15 foot thickness of natural gravel there - Fall Creek used to empty into what geologists call "Lake Ithaca" at the 940 foot level there. "Now, everyone makes mistakes. One might suppose that having had it pointed out that a drainage feature really needs an outlet, a revised assessment would be forthcoming. I asked Mr. Wood for a revision. I also pointed out this "hydraulic wonder" at the ITCTC on June 19 and to F&I on July 6. So far, not an inkling of interest about this from anyone. "Oh - and I should mention that I have offered to sell an easement to this no -man' s strip to the County for one American dollar. No response to that offer either. "Perhaps one of you Legislators will ask that I get some sort of answer." Hans Fleischmann, Pine Tree Road, spoke concerning the Pine Tree Road project and the safety and importance of the cleaning up of the bridge. He suggested widening the area under the existing bridge and keeping the road design uniform. Resolutions Added to and Withdrawn from the Agenda There were no resolutions withdrawn from the Agenda Motion To: Add the resolution entitled Award of Bid - Tompkins County Human Services Annex Renovation Project: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Lane, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Nathan Shinagawa * * * * * * * * * * Approval of Resolutions Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa Resolution 2012-130: Approval of Budget Transfer - Sheriff's Office (DOC ID: 3494) WHEREAS, the Sheriffs Office has requested to shift funds from salary line items to other line items, and WHEREAS, the Fiscal Policy of Tompkins County requires that such transfers be approved by the Legislature, and 186 July 17, 2012 WHEREAS, the Sheriff's Office has had a vacancy in the title of Deputy Sheriff since January 1, 2012, which has produced a savings of over $26,000, and WHEREAS, the Sheriff's Office desires to use these funds to purchase a new Ford Taurus Police Package, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the following transfers be made to the 2012 Budget: FROM: 3113.51000419 Deputy Sheriff Salaries $26,000 TO: 3113.52231 Vehicles $26,000 SEQR ACTON: TYPE II -20 * * * * * * * * * * Resolution 2012-131: Budget Adjustment - Office for the Aging (DOC ID: 3534) 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) 6794.43803 State Revenue -$6,021 6794.51000 Salary 6794.43803 State Revenue -$3,784 6794.54442 Professional Services 6794.43803 State Revenue -$3,402 6794.58800 Fringes Explanation: The program with Broome Developmental Disabilities Service Organization ended. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-132: Authorization to Accept Child Care Fraud Detection and Prevention Grant (DOC ID: 3522) WHEREAS, the New York State Office of Children and Family Services has launched an initiative to identify, investigate, and prosecute instances of day care fraud, and WHEREAS, that initiative takes the form in part of grants to local social services districts to fund implementation and/or expansion of programs toward those ends, and WHEREAS, the Department of Social Services' submitted a grant application in the spring, on the strength of which it now has been awarded $40,000 in 100% funding to be used to develop and implement a program over the next year, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept the award and implement the plan described in its application, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services' 2012 budget: Appropriation: 6010.52230 Computer software $2,500 187 July 17, 2012 6010.54330 Printing $300 6010.54412 Travel & training $1,300 6010.54414 Local mileage $555 6010.54425 Service contract $2,500 6010.54452 Postage $300 Revenue: 6010.43610 NYS: SocSvs Admin $7,455 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-133: Authorization to Execute a Contract with C&S Engineers, Inc., for Bridge Construction Supervision Services - West Seneca Road Over Boardman Creek - BIN 3210250 (Ulysses) (DOC ID: 3501) WHEREAS, replacement of the bridge carrying West Seneca Road over Boardman Creek (BIN 3210250) (the Project) in the Town of Ulysses, is included in the County Highway Division's five-year bridge plan, and WHEREAS, Federal funds have been allocated to the Project through the Ithaca - Tompkins County Transportation Council to reimburse 80% of construction and construction inspection costs, now estimated not to exceed $1,145,000, and WHEREAS, the Town of Ulysses will reimburse the County for 20% of the local share of construction inspection costs per a project funding agreement between the Town and the County, and WHEREAS, the New York State Department of Transportation (NYSDOT) requires construction inspection staffing on locally administered Federal aid transportation projects similar to State -inspected construction contracts, including certified full-time field personnel and inspection and sampling at material supplier facilities, and WHEREAS, fourteen (14) consulting engineering firms have been pre -qualified to provide construction inspection services in NYSDOT Region 3, including Tompkins County, and WHEREAS, the Tompkins County Highway Division has recommended C&S Engineers, Inc., of Syracuse Hancock International Airport, Syracuse, N.Y., as best qualified of the pre -qualified consultants to provide construction inspection services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with C&S Engineers, Inc., of Syracuse Hancock International Airport, Syracuse, N.Y., 13760 for Construction inspection and supervision services in connection with the Project for a contract amount not to exceed $122,752.00, RESOLVED, further, That the County Administrator or his designee be authorized to implement this contract and execute supplemental agreements with total values not to exceed 10% of the aforementioned contract amount on behalf of the County, funds to be provided from the West Seneca Bridge Capital Account (HZ 5107.59239.53.22). SEQR ACTION: TYPE II- 2 ********** Resolution 2012-134: Award of Bid — West Seneca Road Bridge Replacement (BIN 3210250) - PIN 3755.10, Town of Ulysses (Pending Committee Action 7-17-12) (DOC ID: 3531) WHEREAS, Resolution No. 128 of 2009 approved a project (P.I.N. 3755.10) to replace the bridge carrying West Seneca Road, over Boardman Creek (BIN 3210250) in the Town of Ulysses, and 188 July 17, 2012 WHEREAS, an agreement will be advanced upon approval of bids by the State of New York whereby Federal sources will reimburse 80% of the Project costs, and WHEREAS, Resolution No. 204 of 2008 authorized an agreement with the Town of Ulysses whereby the Town will reimburse 20% of the local share of Project costs, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, four bids were received and publicly opened on July 13, 2012, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to G. DeVincentis & Son Construction Company, Inc., of Binghamton, New York, lowest, responsible bidder, in the amount of $689,160, 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 West Seneca Road Capital Account (HZ 5107.59239.53.22). SEQR ACTION: TYPE II -2 * * * * * * * * * * Capital Plan Review Committee Resolution 2012-135: Award of Bid - Tompkins County Human Services Annex Renovation Project (DOC ID: 3537) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Lane, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Human Services Annex Renovation project, and WHEREAS, ten (10) bids were received for four (4) contracts and publicly opened and read on June 19, 2012, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That contracts be awarded to the lowest responsible bidders as follows: General Work Contract F.E. Jones Construction, Inc. Binghamton, NY Mechanical Contract Electrical Contract Climate Control Technologies, Inc. Endwell, NY Richardson Brothers Electrical Contractors, Inc. Ithaca, NY 189 $547,257 $315,082 $158,000 July 17, 2012 Plumbing Contract Ackerman Plumbing, Inc. $72,105 Tonawanda, NY TOTAL $1,092,844 RESOLVED, further, That the County Administrator is hereby authorized to enter into contracts with the successful contractors and to execute change orders of up to five (5) percent of the contract total, RESOLVED, further, That the Facilities Division be authorized to implement this bid on behalf of the County, funds being available in Capital Account No. HB 1606.59239-16.06. SEQR ACTION: TYPE II -2 * * * * * * * * * * Health and Human Services Committee Resolution 2012-136: Adoption of Local Law No. 3 of 2012 — a Local Law to Amend the Tompkins County Charter Article 9 - Department of Health (DOC ID: 3437) RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Will Burbank, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the County has authorized the closure of the Certified Home Health Agency (CHHA) and the operation of a Licensed Home Care Services Agency (LHCSA), and WHEREAS, the County Charter, Article 9, C-9.04. Board of Health; appointment; powers and duties is revised to reflect the closure of the CHHA and the operation of a LHCSA, and WHEREAS, a public hearing was held before the Tompkins County Legislature on July 17, 2012, to hear all persons interested in proposed Local Law No. 3 of 2012, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Government Operations Committees, That proposed Local Law No. 3 - A Local Law to Amend the Tompkins County Charter Article 9 Department of Health 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 to reflect the closure of the CHHA and the operation of LHCSA 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 2012-137: Approval of Amended Bylaws — Tompkins County Board of Health (DOC ID: 3438) 190 July 17, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Will Burbank, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Board of Health has updated and revised its bylaws to reflect current procedures, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the bylaws of the Tompkins County Board of Health 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 I1-20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-138: Making a Negative Declaration of Environmental Significance in Relation to Adoption of Local Law No. 4 of 2012 - a Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County (DOC ID: 3435) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, in Resolution No. 139 of 2012, the Tompkins County Legislature would adopt a Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Public Safety Committees, That Resolution No. 139 of 2012 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 139 of 2012. SEQR ACTION: UNLISTED (Short EAF on file in the office of the Clerk of the Legislature) ********** Resolution 2012-139: Adoption of Local Law No. 4 of 2012 - a Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County (DOC ID: 3353) 191 Motion To: July 17, 2012 Add the following sentence to Section VII. Enforcement: "Law enforcement agencies for purposes of this local law include, but are not limited to, Tompkins County Sheriff, City of Ithaca Police, New York State Park Police, and New York State Department Environmental Conservation Officers." RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [5 TO 8] Dooley Kiefer, Member Leslyn McBean-Clairborne, Member Chock, Kiefer, Mackesey, McBean-Clairborne, Proto Burbank, Dennis, Lane, McKenna, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa Motion To: Motion To: * * * * * * * * * * Amend Local Law by increasing the fine to "up to $1,000" Call the Question RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: AWAY: DEFEATED [5 TO 7] Michael Lane, Member Leslyn McBean-Clairborne, Member Lane, McBean-Clairborne, McKenna, Proto, Robison Burbank, Chock, Kiefer, Mackesey, Pryor, Robertson, Stein Kathy Luz Herrera, Nathan Shinagawa James Dennis * * * * * * * * * * Following further discussion the vote on Legislator Pryor's motion was taken at this time. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 10] Pat Pryor, Member Carol Chock, Member Dooley Kiefer, Pamela Mackesey, Pat Pryor Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa Motion To: * ********* Add a new paragraph to Section V. Exceptions to Prohibition as follows: (c) Dredging approved by the New York State Department of Environmental Conservation or the appropriate regulatory agency" Ms. Kiefer said she would not support the resolution because of the addition about dredging since there is no deadline requiring action now without taking time to consider implication of the change. She asked that the minutes reflect this explanation. 192 Motion To: Call the Question July 17, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Peter Stein, Member Frank Proto, Member Burbank, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer, Pamela Mackesey Kathy Luz Herrera, Nathan Shinagawa The question was called. * * * * * * * * * * Vote on Motion: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Will Burbank, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer, Pamela Mackesey Kathy Luz Herrera, Nathan Shinagawa * * * * * * * * * * Vote on Resolution: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Dooley Kiefer Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Legislature recognizes the need for a local law to prevent the spread of aquatic invasive species, and WHEREAS, a public hearing was held before the Tompkins County Legislature on July 3, 2012, to hear all persons interested in proposed Local Law No. 4 of 2012, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality and the Public Safety Committees, That Local Law No. 4 of 2012 - A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County 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: UNLISTED 193 July 17, 2012 (Short EAF on file in the office of the Clerk of the Legislature) ********** Recess Ms. Robertson declared recess at 7:51p.m. The meeting reconvened at 8:04 p.m. Facilities and Infrastructure Committee Resolution 2012-140: Resolution Authorizing the Filing of an Application for a State Grant -Aid for a Municipal Waste Reduction And/Or Recycling Project and Signing of the Associated State Contract, Under the Appropriate Laws of New York State (DOC ID: 3506) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and WHEREAS, Tompkins County herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid to cover 50% of the funds for capital improvements to the Solid Waste and Recycling Center, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, by Tompkins County Legislature, 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project. 4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project. 5. That four (4) Certified Copies of the Resolution be prepared and sent to the NEW YORK 194 July 17, 2012 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, New York 12233- 4015, together with a complete application. 6. That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-141: Authorizing Submittal of 2012 New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant Program Application to Continue the Tompkins County Homeownership Program (X) (DOC ID: 3524) Ms. Chock clarified that the partnership with Ithaca Neighborhood Housing Services does not involve any funding or fees and therefore she does not need to excuse herself from voting on the resolution. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, Tompkins County has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, the New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant (CDBG) program is an important source of funding to address community development objectives in the County, and WHEREAS, the Tompkins County Homeownership Program has been funded through nine separate CDBG grants since 1993, and has proven to be very successful in meeting an important community development need in the County, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for $750,000 in funding in the 2012 round of the Housing Trust Fund Office of Community Renewal CDBG funding for the Tompkins County Homeownership Program (X), RESOLVED, further, That the program be modified to include a partnership with Tompkins Community Action through an Energy Efficiency Fund and a partnership with Ithaca Neighborhood Housing Services or another similar program in conjunction with the Housing Trust Program, which will support increased energy efficiency in homes and long-term housing affordability throughout the County, RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Housing Trust Fund Office of Community Renewal CDBG application and any materials required by the Office of Community Renewal. SEQR ACTION: TYPE II -20 * * * * * * * * * * 195 July 17, 2012 Resolution 2012-142: Negative Declaration of Environmental Significance for the Award of a Tourism Capital Grant to Emerald Necklace Access Enhancement Project of the Finger Lakes Land Trust (DOC ID: 3519) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Legislature funds Tourism Capital Grants to encourage the development of tourism products and attractions in order to improve community assets, to increase tourism business in the County, and to increase the income from the Room Occupancy Tax, and WHEREAS the Emerald Necklace Access Enhancement Project of the Finger Lakes Land Trust has been recommended for a 2012 Tourism Capital Grant by the Strategic Tourism Planning Board, and WHEREAS, Tompkins County has received and reviewed the Short Environmental Assessment Form completed by the New York State Department of Environmental Conservation (NYSDEC) as part of a wetlands permit process for the construction of a 531 foot long boardwalk in the Town of Dryden for the Emerald Necklace Enhancement Project, and WHEREAS, the NYSDEC has determined the Emerald Necklace Enhancement Project to be an Unlisted Action with a Negative Declaration, and WHEREAS, the Tompkins County Planning Department has also completed an independent, non -coordinated, environmental review that concurs with the SEQR Negative Determination of the Emerald Necklace Enhancement Project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the authorization of the Tourism Capital Grant 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: UNLISTED (Short EAF on file with the Clerk of the Legislature) * * * * * * * * * * Resolution 2012-143: Award of 2012 Tourism Capital Grant to the Emerald Necklace Access Enhancement Project of the Finger Lakes Land Trust (DOC ID: 3521) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa 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 196 July 17, 2012 of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Occupancy Tax funded Tompkins County Tourism Program budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase tourism business in the County, and to increase the income from the Room Occupancy Tax, and the following grant award has been reviewed and recommended by the STPB, and WHEREAS, the Tompkins County Legislature adopted RES -2012-47 on March 20, 2012, awarding four of the five Spring 2012 Tourism Capital Grants recommended by the STPB, and WHEREAS, the Emerald Necklace Access Enhancement project of the Finger Lakes Land Trust, was also recommended for funding by the STPB in 2012 in the amount of $15,000 (and $5,000 recommended in 2013), but as an Unlisted Action under SEQR required completion of an environmental review prior to the Legislature acting on that recommendation, and WHEREAS, an environmental review has now been completed by the New York State Department of Environmental Conservation (NYSDEC) and Tompkins County has reviewed and concurred with the NYSDEC finding of no significant negative environmental impact, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That following Tourism Capital Grant be awarded for 2012: Applicant Award Emerald Necklace Access Enhancement Project of the Finger Lakes Land Trust $15,000 2012 $5,000 2013 RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with the award recipient and TCAD pertaining to this program. SEQR ACTION: UNLISTED (Short EAF is on file with the Clerk of the Legislature) ********** Resolution 2012-144: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 145 of 2012: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement a Stream Corridor and Flood Hazard Mitigation Program Project (DOC ID: 3439) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Kathy Luz Herrera, Nathan Shinagawa WHEREAS, in Resolution No.145 of 2012, the Tompkins County Legislature would authorize the County Administrator or his designee to execute a contract with the Tompkins County Soil and Water District to implement a project identified through the Stream Corridor and Flood Hazard Mitigation Program, and would also be authorized to execute another agreement necessary for the County to 197 July 17, 2012 implement, monitor, and protect the project funded through this program, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 145 of 2012 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 145 of 2012. SEQR ACTION: UNLISTED (Short EAF on file with the Clerk of the Legislature) * * * * * * * * * * Resolution 2012-145: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement a Stream Corridor and Flood Hazard Mitigation Program Project (DOC ID: 3428) RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Pamela Mackesey, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Kathy Luz Herrera, Nathan Shinagawa 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 2012, and WHEREAS, the Technical Committee for the Flood Hazard Mitigation Program has identified one project to be funded through the Stream Corridor and Flood Hazard Mitigation Program, and WHEREAS, the Tompkins County Soil and Water Conservation District is prepared to work with the County Planning Department to undertake the project identified by the Technical Committee, and WHEREAS, the project identified for implementation will ultimately be protected through the use of a Riparian Buffer Protection Agreement or Easement, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate the Environmental Assessment Form with respect to this project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee be authorized to execute a contract with the Tompkins County Soil and Water District, in an amount not to exceed $25,000, RESOLVED, further, That the County Administrator or his designee is also authorized to execute other agreements necessary for the County to implement, monitor, and protect the project funded by the Stream Corridor and Flood Hazard Mitigation Program. SEQR ACTION: UNLISTED (Short EAFs on file in the office of the Clerk of the Legislature) 198 July 17, 2012 * * * * * * * * * * Minutes Approval - July 3, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Will Burbank, Member Peter Stein, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer Kathy Luz Herrera, Nathan Shinagawa Adjournment The meeting adjourned at 8:44 p.m. 199 August 7, 2012 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 Attendee Name Title Status Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Excused Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present Peter Stein Member Present Privilege of the Floor by the Public Victor Tiffany, Danby resident and Coordinator of the Local Move to Amend, thanked the Legislature for adopting the resolutions recently pertaining to amending the Constitution. He suggested the Legislature use technology and create a video forum to assist other counties in doing the same. Fay Gougakis, City of Ithaca, spoke about the need to address the increase in crime rate in Tompkins County, particularly in the City of Ithaca. She also spoke against wireless technology and tinted windows in vehicles. Chair's Report and Appointment(s) Ms. Robertson made the following appointments: Workforce Investment Board Terms expire June 30, 2015 Alan Pedersen - Business representative Michael Stamm - Economic Development representative John E. Little - Business representative Mary Stazi - Business representative Patrick J. McKee representative Terms expire June 30, 2014: 200 Scott Pronti - Business representative Micahel J. Rubino - Business representative August 7, 2012 * * * * * * * * * * Resolutions Added to and Withdrawn from the Agenda There were no resolution(s) added to the agenda. Ms. Robertson gave permission to the appropriate Committee Chair to withdrawn the following resolution(s) from the agenda: Resolution (ID # 3532): Authorization to Enter into a Multi -Year Lease Agreement for Space Within Center Ithaca for the Day Reporting Program and Drug Treatment Court (DOC ID: 3532) WHEREAS, as the result of County office relocations required to accommodate the New York State Court system and also a desire to relocate County operations that remain in the Old Library, the County has undertaken a multi-year effort to find suitable, and affordable, locations for the County Office for the Aging (COFA) and the Community Justice Center (CJC), and WHEREAS, in 2010, the County acquired the property currently known as the Human Services Annex in order to provide space to address a portion of the County's space needs and, by Resolution 2011-141, identified COFA as the initial occupant of the Human Services Annex, and also directed the County Administrator to identify additional locations that may be suitable for either COFA or CJC, and WHEREAS, the Family Treatment Court, now a part of the CJC, is to be relocated to the County Courthouse as a part of Courthouse renovations that will occur following the departure of COFA, and WHEREAS, the County Administrator has conducted a search of the marketplace, and has recommended the County lease 4,300 square feet of space in the property known as Center Ithaca located at 171 East State Street, and WHEREAS, the County Administrator has recommended relocating the County's Day Reporting Program and Drug Treatment Court to the leased space in Center Ithaca, and continuing with plans to relocate COFA to the Human Services Annex, and WHEREAS, a proposed configuration of space within Center Ithaca has been developed based on input from the County's Facilities Management Division as well as program staff and management, and this meets the County's present programmatic needs, and WHEREAS, the economics of the proposed lease are competitive and will result in savings when compared to the occupancy costs of the Old Library, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That the County Administrator or his designee is authorized to sign a lease agreement with the landlord, Center Ithaca- TTH Associates for an initial term of five years with an option to renew for an additional five years. SEQR ACTION: TYPE 1I-20 * * * * * * * * * * Approval of Resolutions Under the Consent Agenda 201 August 7, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey * * * * * * * * * * Resolution 2012-146: Award of Bids - Terminal Apron Rehabilitation - Ithaca Tompkins Regional Airport (DOC ID: 3548) WHEREAS, the Finance Department advertised and received four (4) bids to rehabilitate the terminal apron and repair two other airport projects, and WHEREAS, the airport's engineering consultants, C&S Companies of Syracuse, NY, have reviewed all the bids and found the lowest responsible bidder is DiFiore Construction Corporation of Rochester, NY, with a base bid of $1,520,785.00, plus $49,882.50 for Add -On No.1, being an Overlay of the Staff Parking Lot, and $107,725 for Add -On No.2, being Emergency Runway Repairs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Base Bid plus Add -On No.1 and Add -On No. 2 be awarded to DiFiore Construction Corporation, subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), RESOLVED, further, That the funding sources for the Base Bid (Terminal Apron Rehabilitation) plus Add -On No.2 (Emergency Runway Repairs) are as follows: FAA Share (90.0%) NYSDOT Share (5.0%) Local Share (Airline Rates & Charges) (5.0%) TOTAL $1, 465,659.00 $ 81,425.00 $ 81,426.00 $1, 628,510.00 RESOLVED, further, That the funding source for Add -On No.1 (Overlay of the Staff Parking Lot) ($49,882.50), being ineligible for federal or state funding, will be borne by the airport and provision for that has been made in the 2012 airport operational budget, RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with DiFiore Construction Corporation of Rochester, New York, 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 2012-147: Award of Bids - CFR Building Operations Addition - Ithaca Tompkins Regional Airport (DOC ID: 3555) WHEREAS, an addition to the CFR Building to accommodate the operations staff will improve response times in bad weather conditions or in the event of an operational incident, and WHEREAS, the Finance Department advertised and received bids for construction of said Operations Addition as follows: 202 August 7, 2012 - Three (3) bids were received for the General Contract and LeChase Construction of Syracuse, NY, was the lowest responsible bidder with a bid of $357,000, - Two (2) bids were received for the Mechanical Contract and Climate Control Technologies of Endwell, NY, was the lowest responsible bidder with a bid of $95,890, and - One (1) bid was received for the Electrical Contract from Matco Electric of Vestal, NY, with a bid of $79,760, , and WHEREAS, the budget for this construction project is as follows: Federal Aviation Administration (FAA) Share (90.0 %) $479,385 New York State Department of Transportation (NYSDOT) Share (5.0 %) $ 26,632 Local Share (Airline Rates & Charges) (5.0 %) $ 26,633 TOTAL $532,650 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to funding being received from the FAA and NYSDOT, the bid for the General Contract be awarded to LeChase Construction of Syracuse, NY, as the lowest responsible bidder with a bid of $357,000, the bid for the Mechanical Contract be awarded to Climate Control Technologies of Endwell, NY, as the lowest responsible bidder with a bid of $95,890, and the bid for the Electrical Contract be awarded to Matco Electric of Vestal, NY, with the only bid of $ 79,760, 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 I1-2 * * * * * * * * * * Resolution 2012-148: Scheduling a Public Hearing for Addition to Agricultural District No. 2 (West Side of Cayuga Lake) (DOC ID: 3545) WHEREAS, Resolution No. 25 of 2004 designated an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, Resolution No. 201 of 2007 revised the schedule of the annual review period so that it begins February 1, and WHEREAS, one landowner has requested addition of a parcel totaling 72.08 acres to Tompkins County Agricultural District 2 and no landowners have requested addition of parcels to Tompkins County Agricultural District 1, and WHEREAS, the County Legislature is required to hold a public hearing and act on such proposals within 120 days under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality 203 August 7, 2012 Committee, That the public hearing on additions to the Agriculture Districts of Tompkins County be held at the County Legislature meeting scheduled for August 21, 2012, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice, including tax parcel number and street address, of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operatons Committee Resolution 2012-149: Authorization to Hold a Public Hearing - Local Law No. 5 of 2012 - Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts (DOC ID: 3570) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] Dooley Kiefer, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Leslyn McBean-Clairborne Kathy Luz Herrera, Pamela Mackesey WHEREAS, pursuant to the Tompkins County Charter and Code, Section C-2.10, 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, in Section 2.10 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, on April 5, 2011, the Tompkins County Legislature adopted Resolution No. 49, creating an Independent Redistricting Commission following the guidelines listed in Section C-2.11 of the Tompkins County Charter and Code, to provide its recommendation by March 1, 2012, and WHEREAS, the Commission provided a recommended plan of apportionment on February 22, 2012, a second recommendation on April 20, 2012, following the City Redistricting Committee's recommendation for City lines, and a subsequent recommendation on June 18, 2012, after the City of Ithaca Common Council's reapportionment decision, and WHEREAS, a local law implementing the Independent Redistricting Commission's recommendations, including a change from a 15 -member to a 14 -member Legislature has now been drafted, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislature Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 21, 2012, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 5 of 2012 - A Local Law Amending the Tompkins County Charter and Code, Chapter 28 - Election Districts. 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 204 August 7, 2012 proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-150: Authorization to Enter into a Lease Agreement for Records Storage at the Seneca Army Depot Bunker (DOC ID: 3500) RESULT: ADOPTED [UNANIMOUS] MOVER: Dooley Kiefer, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera, Pamela Mackesey WHEREAS, the Tompkins County Records Center currently located in the Old Library building needs to be relocated in order to meet the Legislature's directive of vacating that building in a timely manner, and WHEREAS, a Sublease Agreement has been satisfactorily negotiated for space in an underground storage bunker located at the Seneca Army Depot, for a ten-year term, with a contracted cost of $800 per month if paid monthly or the option to receive a ten percent discount if paid annually, bringing the cost to $720 per month, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is hereby authorized to sign a sublease agreement with Sublessor, Finger Lakes Technologies Real Estate Holdings, LLC, for the period beginning October 1, 2012, and continuing for a period of ten years, at the annual cost of $8,640 ($720/month). SEQR ACTION: TYPE II -20 ********** Public Safety Committee Resolution 2012-151: Budget Adjustment and Appropriation of Unspent Funds from 2011 to Various Accounts that Report to the Public Safety Committee (DOC ID: 3499) This resolution was adopted by Short Roll Call vote as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera, Pamela Mackesey WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2011 resulting in a surplus of $631,610 on the County's books as of December 31, 2011, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments that report to the Public Safety Committee in the amount of $129,788 in the current year budget, now therefore be it 205 August 7, 2012 RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $129,788 TO: Depai tment Use of Funds Account Requested Rollover Assigned Counsel $1,181 Probation and Community Justice Sheriff's Office Digital recorder for meetings and transcription Replace six year old fax machine 12 -Passenger Van 1170.52220 $500 1170.52220 $681 $45,327 3141.52231 $24,000 Electronic Monitoring Services 3141.54442 $12,639 (Cellular Technology based) Computer Equipment: 1 Laptop @ 3141.52206 $1,318 $1,302, 7 Desktops @ $429 ea, 4 Monitors @ $110 ea, 1 HP Printer @ $1,193, and 10 Webcams @ $65 ea 3142.52206 $5,270 Dues for Probation Director's 3142.54416 $100 membership of National Association of Probation Executives (NAPE) Travel Expenses pertaining to Probation 3141.54412 $300 Director's NAPE membership 3142.54412 $1,200 Auto Fuel 3141.5431 $500 $54,810 Replace two vehicles. Each vehicle with 3113.52231 $54,810 equipment costs roughly $27,000 the Sheriff's office needs to replace 6 vehicles. Sheriffs Office - Jail $28,470 206 August 7, 2012 Vehicle Replacement for jail transports Computer equipment SEQR ACTION: TYPE II -20 ********** 3150.52231 $27,000 3150.52206 $1,470 Resolution 2012-152: Appropriation from Contingent Fund to Cover Expenses Related to Prosecution - District Attorney (DOC ID: 3497) This resolution was adopted by Short Roll Call vote as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey WHEREAS, expert witness testimony was obtained to facilitate the County's prosecution in People v Corbin D. Whyte, and WHEREAS, the County has been billed by Newfield Wireless' expert witness (Vladan Jovanovic), for testimony in the amount of $12,739.92, 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 and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $ 12,739.92 TO: A1165.54442 Professional Services $ 12,739.92 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-153: Appropriation from Contingent Fund - Terminal- Pay Reimbursement - Sheriffs Office - Jail (DOC ID: 3493) This resolution was adopted by Short Roll Call vote as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera, Pamela Mackesey WHEREAS, the Sheriff's Office had one (1) Chief Corrections Officer (Debra Niemi), Jail, retire effective May 26, 2012, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it 207 August 7, 2012 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 appropriation for 2012: FROM: A1990.54440 TO: A3150.51000290 SEQR ACTION: TYPE II -20 Contingent Fund Chief Corrections Officer ********** $2,964.23 $2,964.23 Resolution 2012-154: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Sheriffs Office - Road Patrol (DOC ID: 3492) This resolution was adopted by Short Roll Call vote as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera, Pamela Mackesey WHEREAS, the Sheriff's Office had one (1) Captain (Ronald Robert Lampman), Road Patrol, retire effective June 8, 2012, 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 appropriation for 2012: FROM: A1990.54440 Contingent Fund $20,083.34 TO: A3113.51000193 Captain - Road Patrol $20,083.34 SEQR ACTION: TYPE I1-20 ********** Facilities and Infrastructure Committee Resolution 2012-155: Budget Adjustment and Appropriation of Unspent Funds from 2011 to Various Accounts that Report to the Facilities and Infrastructure Committee (DOC ID: 3510) This resolution was adopted by Short Roll Call vote as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member David McKenna, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey 208 August 7, 2012 WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2011 resulting in a surplus of $631,610 on the County's books as of December 31, 2011, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments that report to the Facilities and Infrastructure Committee in the amount of $134,869 in the current year budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $134,869 TO: Department Use of Funds Account Requested Rollover Facilities $134,319 Weights and Measures SEQR ACTION: TYPE II -20 Replace office computers and printer 1620.52206 $6,699 for maintenance shop Replace riding mower and 2 carpet 1620.52220 $15,900 extractors Microsoft Office Professional Licenses 1620.52230 $1,890 for office PC's Replace Computerized Maintenance 1620.52230 $7,000 Management Software Replace 2 pick-up trucks and 2 vans 1620.52231 $102,830 $550 To be used for the replacement of a 4' 3630.54319 $250 ladder and other small various items that need to be replaced or purchased. To be used for replacing tires on the 3630.54421 $300 work van that are 2/3 warn out. * * * * * * * * * * Government Operations Committee Resolution 2012-156: Appropriation from Contingent Fund to Supplement Budgeted Funds for Redesign of the County Website (DOC ID: 3527) This resolution was adopted by Short Roll Call vote as follows: 209 August 7, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member James Dennis, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey WHEREAS, the adopted 2012 Tompkins County Budget earmarked $12,000 of one-time funds for redesign of the County website, as a joint initiative of the Department of Information Technology Services (ITS) and the Public Information Office, and at that time off-site hosting and maintenance of the website was not contemplated, and 'WHEREAS, this redesign will enhance the County's ability to connect with and serve its citizens, increasing the transparency of County government and making it easier for citizens to access County information and services (including eGovernment services), as well as improving the technical operation and functionality of the County website and will allow the website to be hosted and maintained by the vendor off-site instead of on a County server maintained by ITS, and WHEREAS, the County in April issued a Request for Proposals for web design services, receiving ten responses, and WHEREAS, a review team made up of the County's Director of Information Technology Services, Public Information Officer, Public Information Advisory Board, and representatives of three County departments participated in presentations from four firms identified for further consideration, with two of those firms currently undergoing further review, analysis, and negotiation before a vendor is recommended, and WHEREAS, the cost of each proposal received, including those identified for further study, exceeds the $12,000 amount budgeted, and WHEREAS, based on information submitted by the two firms under active consideration, it is expected that web redesign and first-year hosting and support can be completed for a maximum cost of $59,578, exceeding the budgeted amount by $47,578, 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 up to the following appropriation from the Contingent Fund to reflect the final negotiations for the additional spending authority: FROM: Contingent Fund 1990.54400 Program Expense $47,578 TO: ITS 1680.54443 Professional Services $47,578 RESOLVED, further, That the County Administrator or his designee is authorized to enter into a final agreement with the selected vendor. SEQR ACTION: TYPE II -20 * * * * * * * * * * Public Safety Committee Resolution 2012-157: Authorization to Accept Homeland Security Grant Funds on Behalf of Cornell University to Begin and Maintain a Regional K9 Explosive Detection Team (DOC ID: 3566) 210 August 7, 2012 Ms. Kiefer stated for the record that she would not be supporting the resolution as the resolution states the grant was to create a program, however, one already exists and that the budget was not available as she requested. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Kathy Luz Herrera, Pamela Mackesey WHEREAS, the Sheriffs Office has been approached by the Cornell University Police Department who have expressed a desire to begin and maintain a regional K9 Explosive Detection Team, and WHEREAS, federal funding of up to $50,000 through the Department of Homeland Security is available for such a purpose, and WHEREAS, Cornell University could not apply for said funds on their own due to not being a municipality as required by Homeland Security grant guidelines, and WHEREAS, Tompkins County, as the grantee, can apply for said funds, accept said funds, and distribute said funds in accordance with pre -authorized expenses related to creating such a program, and WHEREAS, Cornell University will oversee the program to include providing the required personnel, associated training, vehicle maintenance, and housing and care of the K9 dog thereby leading to zero cost to the County, and WHEREAS, Cornell University has entered into a formal written mutual aid agreement with the Sheriff's Office whereby the K9 Explosive Detection Team will be available to assist Tompkins County, and other regional counties, with incidents requiring explosive detection, and WHEREAS, the County received notification from the Department of Homeland Security for a grant award in the amount of $46,550, now therefore be it RESOLVED, on recommendation of the Public Safety Committee that the Tompkins County Sheriff's Office accept the grant in the amount of $46,550, RESOLVED, further, That the County Administrator or his designee is authorized to sign all grant -related contracts and documents. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:30 p.m. The meeting reconvened at 7:41 p.m. At this time, Ms. Robertson requested Vice Chair Nathan Shinagawa to run the remainder of the meeting, as she was not feeling well. Minutes Approval - July 17, 2012 211 August 7, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Frank Proto, Member Will Burbank, Member Burbank, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Kathy Luz Herrera, Pamela Mackesey Adjournment The meeting adjourned at 8:40 p.m. 212 August 21, 2012 Regular Meeting Public Hearings Amending the Tompkins County Charter and Code- Chapter 28 - Election Districts Ms. Robertson called the first public hearing to order at 5:30 p.m. concerning proposed Local Law No. 5 of 2012 - Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts and asked if anyone wished to speak. Margaret Hobbie, City of Ithaca resident and Member of the Independent Redistricting Commission, spoke of the work of the Commission and why they recommended 14 districts. She said the Commission read the charge and said they discussed it at almost every meeting. She outlined the factors in the charge and said the 14 districts grew out of those factors. The Commission considered as few as 13 districts and as many as 17 districts. John Graves, South Hill Community Association (SCHA) President, made the following statement: "South Hill is the home of Emerson, Tompkins County's largest Brownfield site. Hopefully, within the next 10 years, before the next census, a new high-density, mixed-use development will emerge on this abandoned and polluted site. Light manufacturing, clean -tech R&D, commercial space, mixed - income housing, and most importantly a Combined Heat and Power plant and a District Energy system, similar to Cornell's will all be part of this new development. "If the SHCA has any say in the matter, the Emerson site will be transformed from a now abandoned last century industrial Superfund site into a model for a next century environmentally responsible development. Mrs. McBean-Clairborne arrived at 5:34 p.m. "Redistricting Tompkins County could help the SHCA achieve this goal. Connecting South Hill to at least part of Collegetown and downhill to the bottom of East Hill would give this District a shared constituency, a mix of students and permanent residents in close proximity to an institution of higher learning and a commercial center. "When the 100 acres of Emerson becomes a smart and sustainable version of Collegetown, having one County legislator representing this constituency will prove to provide some advantages for Tompkins County, specifically when it comes to environmentally responsible development. The County legislator from this new District could also assist in the redevelopment process at Emerson by helping to correct all the negative impacts created by an unplanned Collegetown including correcting the lessons learned, not by preserving established East Hill middle class neighborhoods. "I urge you to reconsider linking South Hill with Collegetown and the neighborhoods downhill from Collegetown or what appears on Redistricting Map 14c version 4 or 5. "Thank you." Ms. Herrera and Mr. Stein arrived at 5:35 p.m. Stuart Stein, City of Ithaca and former Legislator and Chair of a Redistricting Committee, commented on how difficult a process this is to undertake. He expressed similar concerns and spoke in favor of retaining the East Hill district with the Cornell dormitories as it has been in the previous 20-30 213 August 21, 2012 years. He represented that district and the map not shown (14c version 5) is his recommendation and is very close to the district he represented which is a very viable district. He urged the Legislature to reconsider the Commission's recommendation and support Map 14c version 5. Mr. McKenna arrived at 5:36 p.m. Herb Engman, Ithaca Town Supervisor, thanked the Legislature for creating an Independent Redistricting Commission. The Town of Ithaca early on declared its desire that the number of Legislators representing the Town be reduced. The Town found that having seven or eight Legislators representing the Town was not very productive. The Commission reduced that number from seven to five. He said the Town supports the current recommendation of the Independent Redistricting Commission and said if it is a truly independent commission the Legislature should accept that recommendation. Verlaine Boyd, Pleasant Street, made the following statement: "My name is Verlaine Boyd. I live at 315 Pleasant Street, where I have lived with my husband since 1970. Before retiring, I worked for Cornell as a writer and editor and my husband was a professor in Design and Environmental Analysis. "I have come here this afternoon to voice my objection to the plan under consideration and to state my support for Scenario 14C version 5, which appears to be a much more logical solution to the redistricting problem. "There are several reasons why I am against creating a district that primarily represents students. Gerrymandering has its place but should be done with great care, and only to ensure fair representation. I do not think that students in Ithaca are disenfranchised by the County. For the most part, students live here part-time for a few years and seem to have little interest in local politics. In fact, I believe the number of students who vote in any given election is very low, and, therefore, a representative from this proposed district could be elected with only a third or half as many votes as representatives from the surrounding districts. Given this, why wouldn't it be more representative to base the district boundaries on the number of registered voters? Or, on the other hand, why not make districts that would ensure that a professor was elected? Or a maintenance worker? Or an administrator? Or a local businessman? These are surely just as important components in our community as students and generally live here much longer. Moreover, all these groups are interdependent; without one group, the rest of the community would collapse. So by necessity and choice we live, work, and play together in mixed environments. The more we know about each other and the more we intermingle, the more we learn to respect each other. I don't want separate districts for certain groups. I want all districts to be for everybody. "Thank you." Simon St. Laurent, resident of the Town of Dryden, also thanked the Legislature for creating Independent Redistricting Commission and said he has seen various configurations of election districts over the years. He is actively involved in the Town of Dryden and does the database work for the local elections. As he looked at all the other variations considered by the Commission, he saw some unusual configurations and was extremely relieved when the 14 -district scenario was settled on. It connected more neighborhoods that knew each other better and he said he is grateful to have had all the maps available. The Commission has made some very rational decisions about respecting boundaries and maximizing representation. He encouraged the Legislature to support the Commission's recommendation. Robert Lynch, Town of Enfield, spoke of an idea he brought to the attention of the Independent Redistricting Commission and at a County Legislature Committee that he believes is promising and would benefit the County. He said he likes the 14 -district map as recommended by the Commission, however, he suggested the current 15 -member Legislature be retained by designating one seat to be at - 214 August 21, 2012 large and elected Countywide at the same time as the other Legislators are elected. This would give the voters of the County two voices rather than one voice. It would also eliminate the problem of having a tie vote which happened earlier this year with the Chair vote. Nancy Schuler, City of Ithaca resident and former Legislator, said she has lived there since 1974 and for 23 years she represented her district on either the Common Council or the County Legislature. It is a very unique district with permanent residents, renters, students, graduate students, etc. She asked that Map 14c version 5 be shown and said it shows South Hill and East Hill and Collegetown together making up a community. She urged the Legislature to look at that scenario for the next ten years. Eric Lerner, South Plain Street, made the following statement: "Good evening. I'm Eric Lerner. I live at 504 South Plain Street in Ward 2 of the City of Ithaca. I have been a member of the County's Independent Redistricting Commission. Once upon a time, back in the last century, I was a member of this legislature. "On the commission, I believe I was the most persistent opponent of the 14 district map. I want to summarize why I opposed it. And then I want to tell you why I changed my mind and voted to support that proposal. "I'll start with the central demographic issue we faced. After the 1980 census, when the County first drew a map with districts, the City's population represented almost exactly one third of the County's. The city got 5 of 15 seats. With each census since then, the City's share has shrunk, to about 29.5% in the 2010 census. The current map shows five city districts, three of which also include a sliver of the Town of Ithaca. "The Legislature's reasonable charge to the commission was to minimize such slivers, which entailed a map with the City's districts entirely contained within the City. Any map that does not keep the City intact would continue to divide the Town of Ithaca into an unreasonably large number of chunks. It would also continue the illusion that the City has five districts, when in fact it has four and a fraction. The algebra of population gave us two options - 14 districts with four in the City, or 17 districts with five in the City. "Initially, I opposed the 14 district map. I foresaw possible legislative stalemate with tied votes. Also, I foresaw an increase in the workload for each legislator, which is already immense. I still believe that these are genuine drawbacks to the proposal. But after looking closely at the alternatives, I believe they all would have significantly worse defects. "The 17 -district idea looked good at first. It kept the City intact with five districts, and didn't further burden legislator's workloads. But I'm sorry to say, when we attempted to divide the area outside the City into 12 districts instead of 10, we got coleslaw. The towns that today have town lines that mostly coincide with district boundaries - Danby, Caroline, Dryden, Groton - would be carved up into seemingly random chunks. Also, the smaller we make our districts, the harder it is to work around the most densely populated census blocks, i.e., dormitories. There's just no good way to draw a 17 -district map. "The Ithaca Journal has quoted some City legislators as concerned that the City's share of the legislature is shrinking disproportionately. I believe that's not accurate. In the current map, the city has the equivalent of 4.6 seats, not 5. 4.6 is 30.7% of 15 seats. While the City's 4 seats equal 28.6% of the 14 -seat body. That roughly corresponds to the City's 29.5% share of County population. "Taking that all into account, it seems quite clear to me that the 14 -district alternative is the best choice available to us, at this time, with this map, with these census numbers. I urge each of you to vote 215 August 21, 2012 to adopt the Commission's recommendation." John Marcham, former County Legislator and has served on at least four City or County redistricting committees. As a past representative of the Fourth Ward, he found that district was not well served by student representatives who would often leave office before the end of their term. The wards are responsible for canvassing candidates for public office. The interest by students and permanent residents are wide and mostly are opposite. He hopes the Legislature will consider Scenario 14C version 5. Mary Aim Sumner, Town of Dryden Supervisor, spoke of the work of the Independent Redistricting Commission and the complexity of the issues and data analysis. She thanked them for respecting municipal boundaries as much as possible. She recognizes the issues in the City are different from outside the City. She commented that the Town of Dryden had the highest growth rate in the last Census and said she is happy that the Commission's recommendation does not disrupt the legislative districts. She hopes the Legislature will support the proposed recommendation by the Commission. Cynthia Brock, representative for the First Ward in the City of Ithaca, said that redistricting really determines when and how communities have a voice. She believes by reducing the number of districts from 15 to 14 and by aligning the districts along city/town boundaries that there is a loss of a more regional view and oversight at how the resources in the County are looked at. As a representative that represents both South Hill and West Hill, these two regions are directly impacted by the development and activities that go on in the Town and vice versa. She sees the advantages of having a County Legislator who is directly responsible and accountable for those residents in that area together. She does not think the community will be as well served with the proposed recommendation and expressed support for Scenario 14c version 5. Ms. Robertson asked Mr. Wood to clarify the process for approving a local law. Mr. Wood said he would not recommend voting on the proposed law this evening. Under law, a local law needs to be on desks of each Legislator at least one week prior to consideration. This was not done because the resolution to adopt the law was not on the Government Operations Committee agenda for consideration or the Legislature agenda. However, it was later added at the Committee meeting and approved. Mr. Wood recommended that the Legislature consider the law at the September 4th meeting. No one else wished to speak and the public hearing was closed at 6:03 p.m. Addition to Agricultural District No. 2 (West Side of Cayuga Lake) Ms. Robertson called the second public hearing to order at 6:03 p.m. concerning the addition to Agricultural District No. 2 (West Side of Cayuga Lake) and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 6:04 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Organization Title Status Present Arrived _ Will Burbank Tompkins County Member Carol Chock Tompkins County Member Present James Dennis Tompkins County Member Present 216 August 21, 2012 Kathy Luz Herrera Tompkins County Member Present 5:35 PM Dooley Kiefer Tompkins County Member Present Michael Lane Tompkins County Member Present Pamela Mackesey Tompkins County Member Present Leslyn McBean-Clairborne Tompkins County Member Present 5:34 PM David McKenna Tompkins County Member Present 5:36 PM Frank Proto Tompkins County Member Present Pat Pryor Tompkins County Member Present Martha Robertson Tompkins County Chair Present Brian Robison Tompkins County Member Present Nathan Shinagawa Tompkins County Vice Chair Excused Peter Stein Tompkins County Member Present 5:35 PM Privilege of the Floor by the Public No member of the public wished to speak. Report by a Municipal Official Mary Ann Sumner, Town of Dryden Supervisor, updated the Legislature on the status of the gas drilling zoning amendment lawsuit. The opponent has not filed a brief yet. It may happen even though the 60 -day time period has passed. The Town has almost completed a long awaited update to the zoning laws to implement the Comprehensive Plan. The process was extremely thorough and lengthy but has resulted in amazing improvements to the zoning laws. The biggest project has been critical environmental areas where the Town needs to be very careful in developing. There are more DNA's (Unique Natural Areas) in the Town of Dryden than in the entire rest of the County. The Town is also about to finish a wireless broadband project. Mr. Lane said one of the things the County partnered with the Town was on aquifer protection and investigation and asked about the status. Ms Sumner said the Final Delineation was received and now the Aquifer template law is done. She believes that the Aquifer Law and the Road Preservation Law will both be in place before the end of the year. Privilege of the Floor by Legislators Discussion followed concerning redistricting and requests for copies of maps were made. Following several requests for copies of Map 14c version 5 (City districts only), Mrs. Covert agreed to provide the copies. Mr. Dennis was excused at 7:12 p.m. Resolution(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Carol Chock, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Nathan Shinagawa 217 August 21, 2012 * * * * * * * * * * Resolution 2012-158: Budget Adjustments - Various Departments (DOC ID: 3595) 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 Government Operations Committees, That the Director of Finance be directed to make the following adjustments on his books: Public Health Revenue Acct Title 4090.43489 4090.43489 4090.43489 4090.43489 4090.43489 State Aid State Aid State Aid State Aid State Aid Amt Approp Acct Title(s) $20,000 4090.54319 Program Supplies $ 3,000 4090.52206 Computer Equipment $ 680 4090.52220 Depart. Equipment $ 500 4090.54303 Office Supplies $ 4,000 4090.54333 Education & Promotion Explanation: Due to changes in management of the State grant by splitting into two fiscal periods, increased spending will occur in the final fiscal period of this grant year. In addition, COLA funds were received and spent down and caused spend down in budget lines earlier in the year. Grant authorization for spending in these lines has been submitted to NYSDOH for approval. Grant year ends September 30, 2012. County Clerk Revenue Acct Title 1411.41255 1410.41255 1410.42770 Amt Approp Acct Title(s) Clerk's Fees $50,000 1410.54442 Professional Services Clerk's Fees $ 5,000 1410.52206 Computer Equipment Other Misc. Revenue $15,000 1410.52206 Computer Equipment Explanation: This is to finish the large-scale scanning project at the Old Library -Challenge Industries is our vendor. We need a new server, licenses, and support for our new County Clerk electronic document management system. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-159: Authorization to Execute a Contract with Barton and Loguidice, P.C., — County Public Works Facility Fuel Distribution System Replacement Design Services, Bostwick Road, Town of Ithaca (DOC ID: 3563) WHEREAS, the fuel storage and distribution system at the County Public Works Facility on Bostwick Road (Highway Division) in the Town of Ithaca is approaching the end of its useful life, and WHEREAS, funding for improvements to the fuel system are included in the County Capital Budget, and WHEREAS, the Depaltinent of Finance - Division of Purchasing has duly advertised for proposals for design services in relation to this work, and WHEREAS, three (3) proposals were received on July 10, 2012, and 218 August 21, 2012 WHEREAS, the Tompkins County Highway Division has recommended Barton and Loguidice, P.C., as best qualified to provide design services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with Barton and Loguidice, P.C., of 290 Elwood Davis Road, Syracuse, New York, for survey and design services in connection with replacement of the Public Works Depaitment Fuel Storage and Distribution System for a contract amount not to exceed $26,900.00, RESOLVED, further, That the County Administrator or his designee be authorized to implement this contract and execute supplemental agreements with total values not to exceed 10% of the aforementioned contract amount on behalf of the County, funds to be provided from the Fuel System Replacement Capital Account (HZ5101.59239.50.10). SEQR ACTION: TYPE II- 2 ********** Resolution 2012-160: Authorizing Community Solutions for Transportation Contract with New York State Department of Transportation (DOC ID: 3558) WHEREAS, Tompkins County was awarded a $3,077 federal Community Solutions for Transportation (CST 11) grant pursuant to the Temporary Assistance for Needy Families (TANF) Program, to be contracted with the New York State Department of Transportation, and WHEREAS, the Department of Social Services' Transportation Planning program will use the CST grant for transportation services targeted to eligible participants, which are defined as family assistance and persons with incomes under 200% of federal poverty rate, in accordance with procedures established by the New York State Department of Transportation and the New York State Office of Temporary Disability Assistance as follows: Program Amount Working Adult Bus Pass Program $3,077 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Health and Human Services Committees, That Tompkins County is authorized to enter into a contract worth $3,070 to pay for TANF Community Solutions for Transportation program, RESOLVED, further, That the County Administrator or his designee is authorized to execute said agreement with the New York State Department of Transportation. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-161: Authorizing 2012 Federal Transit Administration Section 5316 Grant for Job Access & Reverse Commute (JARC) for Way2Go (DOC ID: 3557) WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5316 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 219 August 21, 2012 WHEREAS, the FTA fund sources for 2012 JARC Grant is as follows: 2011 Section 5316 Job Access & $ 75,369 Reverse Commute TOTAL Total Federal Funds $ 75,369 , 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 grant application to FTA, in the amount of $75,369 to be used for JARC and New Freedom operating assistance to receive and use said funds as follows: Project Descriptions Federal JARC Sponsor CCETC TOTAL Cornell Cooperative Extension of Tompkins County, Inc., Way2Go Program (Mobility Management Project) $75,369 $18,842 $94,211 , 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 Grant, totaling $94,211, RESOLVED, further, That the County Administrator or his designee 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 subrecipients necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Carol Chock, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Nathan Shinagawa Community Mental Health Services Board David Shapiro - At -large representative; term expires December 31, 2014 Youth Services Board 220 August 21, 2012 Jessica Troy -Smith - Town of Caroline representative; term expires December 31, 2014 ********** Health and Human Services Committee Resolution 2012-162: Urging New York State to Ban the Manufacture, Distribution, Sale, and Possession of Dangerous Unregulated Synthetic Drugs (DOC ID: 3554) The following motion was offered by Mr. Stein, seconded by Ms. Chock: Motion To: Amend the 8th Whereas as follows: "WHEREAS, the State Legislature has several bills pending before it that will amend the Penal Law and the Public Health Law in relation to adding synthetic cathinones and substituted Cathinones as controlled substances and would create a Statewide Substituted Cathinone Surrender Program" Further discussion followed and the following motion was made to refer the resolution back to Committee: Motion To: Refer to the Health and Human Services Committee RESULT: ADOPTED [12 TO 1] MOVER: Leslyn McBean-Clairborne, Member SECONDER: Pamela Mackesey, Member AYES: Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein NAYS: Kathy Luz Herrera EXCUSED: James Dennis, Nathan Shinagawa WHEREAS, the sale and use of synthetic "designer" drugs, known commonly as "bath salts," continues to increase among individuals in our communities, and WHEREAS, these "designer drugs" are specifically synthesized with a similar, but slightly modified structure of a Schedule 1 controlled substance in order to avoid existing drug laws, and can be continually chemically modified to avoid legal repercussions, while maintaining their intended effects and usages, and WHEREAS, these compounds stimulate the body's central nervous system, causing effects similar to those caused by cocaine and amphetamines, including but not limited to increased heart rate and blood pressure, hallucinations, paranoia, suicidal thoughts, violent behavior, nausea, and vomiting, and WHEREAS, hospitals, health agencies, and poison control centers are experiencing increased emergency room cases, illnesses, deaths, and reports linked to the use and abuse of these substances by children and adults, and WHEREAS, law enforcement agencies and courts are seeing increased crime in our local communities associated with the sale and use of these substances, and WHEREAS, these designer drugs are marketed as plant food, bath salts, insect repellant, and glass cleaner and can be obtained through storefront retailers, online retailers, and indirectly through others, and 221 August 21, 2012 WHEREAS, the Commissioner of Health in New York State issued an Order for Summary Action to Ban the Sale and Distribution of Designer Drugs Commonly Packaged and Marketed as Bath Salts on May 20, 2011, and the New York State Public Health and Health Planning Council enacted emergency regulations to ban the possession and distribution of designer drugs with increased civil and criminal penalties on August 7, 2012, and WHEREAS, the State Legislature has several bills pending before it that will amend the Penal Law and the Public Health Law in relation to adding synthetic cathinones and substituted cathinones as controlled substances and would create a Statewide Substituted Cathinone Surrender Program to allow for surrender of these harmful substances to appropriate authorities, and WHEREAS, the United States Senate passed a bill to ban permanently two substances commonly used in "bath salts", and WHEREAS, these facts support the assertion that these substances pose a significant and immediate public health threat and danger to public safety, now therefore be it RESOLVED, on recommendation of the Tompkins County Board of Health, the Health and Human Services Committee, That the Tompkins County Legislature strongly urges the State Legislature and Governor to immediately pass and sign further meaningful and effective legislation criminalizing the manufacture, distribution, sale, and possession of these substances and their future derivatives by anyone of any age in New York State with the intent of protecting the health and safety of all citizens of New York State, RESOLVED, further, That the Tompkins County Legislature directs copies of this resolution be sent to Governor Andrew M. Cuomo, the New York State Legislature and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-163: Award of Contract — Curbside Collection Recyclable Materials (DOC ID: 3540) Mr. Proto asked about a report that is provided showing the breakdown of what is made on recyclables by commodity. Ms. Eckstrom said that report is done quarterly and reports twice per year to the Committee. Mr. Proto requested a copy of that report be sent to him; Ms. Eckstrom agreed to provide it. Ms. Pryor said she would like to have a copy of the diversity policy and any other information that may be available. Ms. Eckstrom agreed to send the information to all Legislators. Motion To: Call the question 222 August 21, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Peter Stein, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Nathan Shinagawa The question was called. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Carol Chock, Member David McKenna, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Leslyn McBean-Clairborne James Dennis, Nathan Shinagawa WHEREAS, the Tompkins County Finance Department has competitively solicited for proposals for the Curbside Collection of Recyclable Materials, and WHEREAS, three firms came to a pre-bid conference and thereafter only one bidder bid which was received on July 31, 2012, and WHEREAS, a staff analysis of whether the proposer is qualified and is the lowest responsible bidder has been completed, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract be awarded to Casella Waste Management of New York, Inc., in the amount of $981,860 per year for a five (5) year term, RESOLVED, further, That funds are available in the Solid Waste Management Division's Operating Budget, Account No. 8164.54442, RESOLVED, further, That the County Administrator or his designee is hereby authorized to enter into a contract on behalf of the County. SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 8:07 p.m. The meeting reconvened at 8:16 p.m. Mrs. McBean-Clairborne was excused at 8:07 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Health and Human Services Committee 223 August 21, 2012 Resolution 2012-164: Budget Adjustment for Tompkins County Office for the Aging (DOC ID: 3582) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Will Burbank, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Leslyn McBean-Clairborne, Nathan Shinagawa 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 adjustments on his books: REVENUE APPROPRIATION A6776.54999 A6776.43803 A6776.54491 2011 Rollover State Revenue Subcontracts $19,972 $42,028 $62,000 Explanation: In the first half of 2012, Nutrition for the Elderly of Tompkins County, Inc. d/b/a Foodnet Meals on Wheels, identified a projected budget deficit of $103,000 in the current year. Factors contributing to the deficit include: rising gas prices, rising food prices, provision of more meals than anticipated, a decrease in grant revenue and a decrease in client contributions per meal. The Board of Directors of Foodnet crafted and implemented a multi -pronged action plan which includes both cost containments and revenue enhancements. Because these measures were enacted mid -year, a full year's savings cannot be realized, and Foodnet Meals on Wheels still anticipates a revenue gap of $62,000 for the current year. With approval of this resolution Foodnet will be better able to close the anticipated gap in revenue in 2012. SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-165: Adding Parcel to Agricultural District No. 2 (West Side of Cayuga Lake) (DOC ID: 3546) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Frank Proto, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, February has been designated as an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, one landowner has requested an addition of one parcel totaling 72.08 acres to 224 August 21, 2012 Tompkins County Agricultural District 2, and WHEREAS, this request has been reviewed and recommended for approval by the Agricultural and Farmland Protection Board, the Planning Advisory Board, and the Town of Ithaca Town Board, and WHEREAS, the County Legislature held the required public hearing on this proposal on August 21, 2012, and WHEREAS, the County Legislature is required to act on such proposals under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That approval is granted for the requested addition to the Agriculture Districts of Tompkins County, as specified in the Explanatory Note below. Explanatory Note: New total acreage of District 2: 65,666.08 acres Owner of this parcel has requested the property be added to the Ag District. Town of Ithaca (Agricultural District #2) SWIS: 503089 Parcel: 33.-3-2.2 72.08 acre parcel, on 608 Elmira Road (formerly 82.24 acres) SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-166: Authorize an Amendment to the 2012-2016 Capital Program to Increase the Project Cost of the Human Services Annex Renovation to $1,375,000 and the Appropriation from Contingent Fund to Support Renovations of the Human Services Annex (DOC ID: 3591) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Michael Lane, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, by Resolution 2011-141, the County Legislature authorized the development of a renovation plan for the Human Services Annex that is sufficiently multipurpose and flexible to serve the needs of a variety of County departments, and that is initially configured to house the County Office for the Aging (COFA), and WHEREAS, by Resolution 2012-135, the County Legislature authorized the award of bids for such renovations of the Human Services Annex, and WHEREAS, as discussed as a part of the Legislature's consideration of Resolution 2012-135, to stay within the renovation project budget of $1,300,000, various changes to the original scope of the project were made, and 225 August 21, 2012 WHEREAS, among those changes were the deletion of approximately $75,000 in furniture to equip the renovated facility as well as certain architectural features that were a part of the original plan, and WHEREAS, the Capital Plan Review Committee finds that certain design features are important to this public space and some deleted furniture is needed to provide maximum efficiency and functionality of the renovated space, now therefore be it RESOLVED, on recommendation of the Capital Plan Review and the Budget, Capital, and Personnel Committees, That the Capital Program be amended to reflect a renovation budget for the Human Services Annex Building of $1,375,000, RESOLVED further, That the Legislature authorizes the Finance Director to allocate $75,000 from the Contingency Account to the Human Services Annex renovation capital account to support the cost of certain design features and furniture for the facility, RESOLVED further, That the Finance Director is authorized to make the following adjustments to his books: FROM: A1990.54440 Contingent Fund $75,000 TO: HB1606.59239-16.06 Capital Account $75,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-167: Authorizing the County Finance Director to Enter into an Agreement with Chase Equipment Finance to Refinance the Outstanding Balance of an Energy Performance Lease Authorized by Resolution No. 19 of 2006 (DOC ID: 3573) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Pamela Mackesey, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein James Dennis, Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, Resolution No. 19 of 2006 authorized a Master Lease/Purchase Agreement with Banc of America Leasing & Capital, LLC, to provide funding for energy performance improvements recommended by Johnson Controls, and WHEREAS, current economic conditions make it cost effective to refinance the outstanding balance of the agreement, and WHEREAS, Chase Equipment Finance has submitted a proposal that reduces the effective interest rate from 3.75% to 1.75%, and lowers the semi-annual payments from $140,600 to $131,536, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Finance Director is authorized to enter into an agreement with Chase Equipment Finance to finance $1,841,442, the Purchase Option, on the existing agreement with Banc of America Leasing & Capital, LLC. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Ms. Herrera was excused at 9:40 p.m. 226 August 21, 2012 Minutes Approval - August 7, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [9 TO 2] Frank Proto, Member Will Burbank, Member Burbank, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer James Dennis, Kathy Luz Herrera, Leslyn McBean-Clairborne, Nathan Shinagawa Adjournment On motion the meeting adjourned at 9:41 p.m. 227 September 4, 2012 Regular Meeting Call to Order Ms. Robertson, Chair, 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 Attendee Name Will Burbank Carol Chock James Dennis Kathy Luz Herrera Dooley Kiefer Michael Lane Pamela Mackesey Leslyn McBean-Clairborne David McKenna Frank Proto Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Peter Stein Organization Title Status Tompkins County Member Present Tompkins County Member Present Tompkins County Member Present Tompkins County i Member Present Tompkins County Member Present Tompkins County C Member Present Tompkins County I Member Present Tompkins County Member Present Tompkins County —1 Member Present Tompkins County Member Present Tompkins County Member Present Tompkins County —1 Chair Present Tompkins County 1 Member Present Tompkins County Vice Chair Present Tompkins County Member Present Arrived 6:11 PM 5:32 PM Presentation of Proclamation Mr. Stein arrived at this time. Ms. Robertson presented a proclamation declaring September 8, 2012, as Suicide Prevention Day and September 8-15, 2012, as Suicide Prevention Week in Tompkins County to Lee -Ellen Marvin, Director of the local Suicide Prevention and Crisis Services, and Deb Grantham, Central New York Area Director of the American Foundation for Suicide Prevention. Privilege of the Floor by the Public Earl Hall, Town of Ithaca resident and Attorney, spoke about the ongoing issues he has had with the Department of Social Services and asked Health and Human Services Committee Chair, Mr. Proto, if his comments would be listened to at his next Committee meeting. Mr. Proto said due to the confidential nature of the e-mail he asked staff to look into the issues that have been brought forward by Mr. Hall and is awaiting a response. Mr. Mareane said there will be staff follow-up and that there is an opportunity for the public to speak at the Health and Human Services Committee meeting. Mr. Proto clarified that any member of the public is welcome to attend the meetings; however, he does not want anyone to expect that anything will be resolved at that meeting. Government Operations Committee 228 September 4, 2012 Resolution 2012-168: Adoption of Local Law No. 5 of 2012 - a Local Law Amending the Tompkins County Charter and Code - Chapter 28 — Election Districts (DOC ID: 3578) Ms. Kiefer explained for the record why she would not be supporting the resolution. The work of the Independent Redistricting Commission was excellent and she has every intention of following their recommendation to have 14 districts. However, hearing from former County Legislators made her reconsider her position on where the boundaries within the City should be. The district includes various areas such as South Hill, East Hill, etc., and has worked well for 30 years and she sees no reason not to seriously consider the Independent Redistricting Commission's second recommendation - version 5. Mrs. McBean-Clairborne arrived at 6:11 p.m. Ms. Mackesey offered the following motion at this time: Motion To: Amend the resolution to authorize the drafting of a local law to depict Map 14c version 5 and hold public hearing September 18, 2012 (See below for specific wording) WHEREAS, a public hearing has been held before the Tompkins County Legislature on August 21, 2012, to hear all persons interested in proposed Local Law No. e of 2012, and now therefore be it WHEREAS, in response to testimony at that hearing, the Legislature recognizes that adoption of Local Law No. e of 2012 as depicted in Map 14c Version 5 would conform to the April 20, 2012, recommendation of Tompkins County's Independent Redistricting Commission including their recommended change from a 15 -member to a 14 -member Legislature and to their recommendation that the lines for four districts within the City of Ithaca conform to the recommendation of the City of Ithaca Redistricting Committee, now therefore be it RESOLVED, .. ' . _ . ! . . ' . , That a revised proposed Local Law No. e of 2012 - A Local Law Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts, will be drafted and an additional public hearing will be held on September 18, 2012 and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of such public hearing. a synopsis of said Local Law, and shall within twenty (20) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. At this time, Mr. Proto offered the following motion to amend the amendment: Motion To: Amend the Amendment to refer the proposed revision and proposal from the Commission back to the Commission for reconsideration and to provide written comments RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [7 TO 8] Frank Proto, Member Will Burbank, Member Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, Proto Dennis, Luz Herrera, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein 229 September 4, 2012 At this time, Mr. Dennis offered the following motion: Motion To: Call the Question Recess RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [9 TO 6] James Dennis, Member Michael Lane, Member Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Robertson A roll call vote was taken on this motion and the Question was Called. A roll call vote was taken as follows on Ms. Mackesey's amendment: RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [6 TO 9] Pamela Mackesey, Member Carol Chock, Member Chock, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne, Proto Burbank, Dennis, Lane, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Ms. Robertson declared recess at 7:44 p.m. The meeting reconvened at 7:56 p.m. The following is the roll call vote on the original resolution: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [10 TO 5] Michael Lane, Member James Dennis, Member Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Chock, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne WHEREAS, a public hearing has been held before the Tompkins County Legislature on August 21, 2012, to hear all persons interested in proposed Local Law No. 5 of 2012, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 5 of 2012 - A Local Law Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts, be and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within twenty (20) 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 * * * * * * * * * * 230 September 4, 2012 Presentation: Draft Development Focus Areas Strategy and Conservation Strategy The presentation was postponed to a future meeting. Chair's Report and Appointments Ms. Robertson made the following appointments: Workforce Investment Board Bryan V. Allen - Labor Organization representative; term expires June 20, 2015 Finance Director Search Committee Voting members: Jim Dennis, Chair Dooley Kiefer Mike Lane Leslyn McBean-Clairborne Brian Robison Martha Robertson Joe Mareane Staff support: Anita Fitzpatrick, Personnel Commissioner Steve Estes, Deputy Personnel Commissioner David Squires, Finance Director (as needed) Mrs. McBean-Clairborne and Ms. Herrera were excused at 8:39 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Resolutions Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera, Leslyn McBean-Clairborne Resolution 2012-169: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Purchase New Snow Removal Equipment - Ithaca Tompkins Regional Airport (DOC ID: 3634) WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $478,696 to purchase new Snow Removal Equipment, and WHEREAS, the budget for said snow removal equipment is: FAA Share (90.0%) Account No. HT 5601.44592 $478,696 231 NYSDOT Share (5.0%) Airport Operational Budget (5.0%) Total , now therefore be it September 4, 2012 Account No. HT5601.43592 Account No. HT 5601.45031 $ 26,594 $ 26,594 $531,884 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $478,696 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -25 ********** Resolution 2012-170: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Construct an Operations Addition to the Aircraft Rescue & Fire Fighting (CFR) Building - Ithaca Tompkins Regional Airport (DOC ID: 3633) WHEREAS, the County Legislature by Resolution No. 2012-147 on August 7, 2012, has approved contracts with LeChase Construction of Syracuse, New York, Climate Control Technologies of Endwell, New York, and Mateo Electric of Vestal, New York, to construct an Operations Addition to the Crash, Fire, and Rescue (CFR) Building, and WHEREAS, the County Legislature by Resolution No. 2012-94 on June 5, 2012, 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 $580,500 to help construct said Operations Addition to the CFR Building at the Ithaca Tompkins Regional Airport, and WHEREAS, the total budget for this project will be $641,265 plus an allowance of $3,735 for airport administration fees, and the financing is as follows: FAA Share (90.0%) Account No. HT 5601.44592 $580,500 NYSDOT (5.0%) Account No. HT 5601.43592 $ 32,250 Airport Operational Budget (5.0%) Account No. HT 5601.45031 $ 32,250 Total $645,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $580,500 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE I1-7 ********** Resolution 2012-171: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Prepare an Airport Pavement Management System (APMS) - Ithaca Tompkins Regional Airport (DOC ID: 3631) WHEREAS, the County Legislature has approved a contract by Resolution No. 2012-99 on June 5, 2012, with C&S Companies of Syracuse, New York, to prepare an Airport Pavement Management System (APMS), being a mandated study of the condition of the airport's pavement, and WHEREAS, the County has received a grant offer from the Federal Aviation Administration 232 September 4, 2012 (FAA) in the amount of $81,000 to help finance said APMS at the Ithaca Tompkins Regional Airport, and WHEREAS, the budget for this project will be $85,044 plus $3,000 for the mandated Independent Fee Estimate (IFE) conducted by Passero Engineers of Rochester, New York, and a $1,956 administration allowance, and the financing is as follows: FAA Share (90.0%) Account No. HT 5601.44592 $81,000 NYSDOT (5.0%) Account No. HT 5601.43592 $ 4,500 Airport Operational Budget (5.0%) Account No. HT 5601.45031 $ 4,500 Total $90,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $81,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2012-172: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant for Terminal Apron Rehabilitation; Runway 14-32 Centerline Joint Repair - Ithaca Tompkins Regional Airport (DOC ID: 3630) WHEREAS, the County Legislature has approved a contract by Resolution No. 2012-146 on August 7, 2012, with DiFiore Construction Corporation of Rochester, New York, to Rehabilitate the Terminal Apron and Repair the Runway 14-32 Centerline, and WHEREAS, the County Legislature has approved a contract by Resolution No. 2012-93 on June 5, 2012, 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 $1,623,600 to help finance these projects at the Ithaca Tompkins Regional Airport, and WHEREAS, the total budget for this project will be $1,804,000 including an allowance of $3,000 for the mandated Independent Fee Estimate (IFE) for the construction observation contract, and a $6,714 allowance for airport administration fees, and the financing is as follows: FAA Share (90.0%) Account No. HT 5601.44592 $1,623,600 NYSDOT (5.0%) Account No. HT 5601.43592 $ 90,200 Airport Operational Budget (5.0%) Account No. HT 5601.45031 $ 90,200 Total $1,804,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $1,623,600 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 ********** Resolution 2012-173: Adoption of Regular and Supplemental Reports of Footings (Totals) and Assessment Rolls (DOC ID: 3536) 233 September 4, 2012 WHEREAS, Tompkins County desires to maintain an official record of the 2012 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 2013 based upon the July 1, 2012, County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-174: Establishing County Equalization Rates (DOC ID: 3535) 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 2012, and for the apportionment of County taxes levied in 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted: AGGREGATE ASSESSED AGGREGATE FULL VALUATION OF VALUATION OF TAXABLE REAL COUNTY TAXABLE REAL PROPERTY FOR EQUALIZATION PROPERTY FOR COUNTY PURPOSES RATE COUNTY PURPOSES 195,477,797 100 195,477,797 250,438,467 100 250,438,467 890,639,527 100 890,639,527 168,457,636 100 168,457,636 250,632,736 100 250,632,736 1,280,138,556 100 1,280,138,556 1,177,006,584 100 1,177,006,584 250,371,996 100 250,371,996 442,045,665 100 442,045,665 1,536,098,523 100 1,536,098,523 6,441,307,487 6,441,307,487 TOWN Town of Caroline Town of Danby Town of Dryden Town of Enfield Town of Groton Town of Ithaca Town of Lansing Town of Newfield Town of Ulysses City of Ithaca TOTALS SEQR ACTION: TYPE II -20 ********** Appointments Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Leslyn McBean-Clairborne Youth Services Board 234 September 4, 2012 Amanda Verba - Town of Lansing representative; term expires December 31, 2013 ********** Facilities and Infrastructure Committee Resolution 2012-175: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Perform a Terminal Expansion Feasibility Study to Accommodate New Security Equipment and Allow for More Efficient Use of Terminal Space - Ithaca Tompkins Regional Airport (DOC ID: 3632) RESULT: ADOPTED [11 TO 2] MOVER: Carol Chock, Member SECONDER: Dooley Kiefer, Member AYES: Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein NAYS: Will Burbank, Carol Chock EXCUSED: Kathy Luz Herrera, Leslyn McBean-Clairborne WHEREAS, the County Legislature has approved a contract by Resolution No. 2012-115 on June 19, 2012, with C&S Companies of Syracuse, New York, to perform a Terminal Expansion Feasibility Study to accommodate new security equipment and allow for more efficient use of terminal space, and WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $151,200 to help finance said Feasibility Study at the Ithaca Tompkins Regional Airport, and WHEREAS, the budget for this project will be $162,422 plus $3,000 for the mandated Independent Fee Estimate (IFE) conducted by Passero Engineers of Rochester, New York, and a $2,578 administration allowance, and the financing is as follows: FAA Share (90.0%) Account No. HT 5601.44592 $151,200 NYSDOT (5.0%) Account No. HT 5601.43592 $ 8,400 Airport Operational Budget (5.0%) Account No. HT 5601.45031 $ 8,400 Total $168,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $151,200 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -18 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-176: A Resolution Authorizing the Issuance Pursuant to Section 90.10 of the Local Finance Law of Refunding Bonds of the County of Tompkins, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby (DOC ID: 3584) This resolution was adopted by roll call vote. 235 September 4, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Leslyn McBean-Clairborne WHEREAS, the County of Tompkins, New York (hereinafter, the "County") heretofore issued $19,425,000 Public Improvement Refunding (Serial) Bonds, 2004 Series A, pursuant to various bond resolutions for various objects or purposes, and a bond determinations certificate of the Director of Finance dated December 8, 2004 (hereinafter referred to as the "2004A Refunded Bond Certificate"), such Public Improvement (Serial) Bonds, 2004 Series A, now outstanding in the amount of $9,495,000, maturing on February 15 annually in each of the years 2013 to 2020, both inclusive, as more fully described in the 2004A Refunded Bond Certificate (the "Refunded Bonds"), and WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or more, of the outstanding principal balance of the Refunded Bonds maturing in each of the years 2013 to 2020, both inclusive, by the issuance of refunding bonds pursuant to 90.10 of the Local Finance Law, and WHEREAS, each such refunding will result in present value savings in debt service as so required by Section 90.10 of the Local Finance Law, 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. For the object or purpose of refunding the outstanding aggregate principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (I) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, and (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $10,000,000 refunding serial bonds of the County pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "Public Improvement Refunding Bonds" or the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $9,145,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The County Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-12 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and 236 September 4, 2012 then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Director of Finance pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Director of Finance shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the Director of Finance. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book -Entry -Only system or the County shall terminate its participation in such Book - Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co., in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (as hereinafter defined). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Director of Finance providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Director of Finance as fiscal agent of the County for the Refunding Bonds in the event that said Director of Finance does not act as same pursuant to Section 70.00 of the Local Finance Law (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. The Director of Finance, as chief fiscal officer of the County, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non -certificated form. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Director of Finance is hereby further delegated all powers of this County Legislature with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the 237 September 4, 2012 determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the Director of Finance, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law as applicable and 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 51.00 of the Local Finance Law, as the Director of Finance shall determine. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding 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. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds, for each of the objects or purposes for which such Refunded Bonds were issued is as provided in the 2004A Refunded Bond Certificate which is hereby incorporated herein by reference and which provide the date of authorization and date of the first obligations issued therefor and as described in Exhibit A attached hereto and hereby made a part hereof; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 as applicable of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the aggregate of the refundings authorized by this resolution (collectively, the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refundings, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and hereby made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of $9,145,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Exhibit B. This County Legislature recognizes that the Refunding Bonds may be issued in one or more series, and for all of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Director of Finance is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Director of Finance; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Director of Finance shall file a copy of his certificates determining the 238 September 4, 2012 details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the County Legislature not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Director of Finance is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Director of Finance shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding 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 be annually levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the County to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the County hereby elects to call in and redeem each of the Refunded Bonds which the Director of Finance shall determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to 239 September 4, 2012 Jefferies & Company (the "Underwriter") for purchase prices to be determined by the Director of Finance, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Director of Finance, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the Director of Finance to the Underwriter in accordance with said purchase contract upon the receipt by the County of said the purchase price, including accrued interest. Section 11. The Director of Finance and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Director of Finance and all powers in connection thereof are hereby delegated to the Director of Finance. Section 13. The validity of the Refunding Bonds may be contested only if: 1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 14. The law firm of Trespasz & Marquardt, LLP, is appointed bond counsel for the Refunding Bonds and Fiscal Advisors and Marketing Inc., is appointed Financial Advisor for the refunding. Section 15. A summary of this resolution, which takes effect immediately, shall be published in the official newspapers of said County, together with a notice of the County Clerk in substantially the form provided in Section 81.00 of the Local Finance Law, and move its adoption. SEQR ACTION: TYPE I1-20 Note: Exhibits A and B are available at the end of these minutes. ********** Minutes of Previous Meeting - August 2L 2012 240 September 4, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [13 TO 2] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Adi ournment The meeting adjourned at 9:10 p.m. 241 Jefferies TABLE OF CONTENTS County of Tompkins Refunding of Series 2004A Report Page Sources and Uses of Funds 1 Bond Pricing ' 2 Bond Debt Service 3 Savings 4 Summary of Refunding Results 5 Bond Summary Statistics 6 Proof of Arbitrage Yield 7 Prior Bond Debt Service 8 Summary of Bonds Refunded 9 Escrow Requirements 10 Escrow Descriptions 11 Escrow Cost 12 Escrow Cash Flow 13 Escrow Sufficiency 14 Escrow Statistics 15 Form 8038 Statistics 16 a Aug 1, 2012 11:36 am Prepared by Jefferies & Company Jefferies SOURCES AND USES OF'FUNDS County of Tompkins " Refunding of Series 2004A Dated Date Delivery Date Sources: 11/27/2013 11/27/2013 Bond Proceeds: Par Amount 9,145,000.00 Premium 672,543.00 9,817,543.00 Uses: Refunding Escrow Deposits: Cash Deposit SLGS Purchases Delivery Date Expenses: Cost of Issuance Underwriter's Discount 0.47 9,706,232.00 9,706,232.47 70,000.00 41,152.50 111,152.50 Other Uses of Funds: Additional Proceeds 158.03 9,817,543.00 Aug 1, 2012 11:36 ain Prepared by Jefferies & Company Page'l Jefferies Bond Component BOND PRICING County of Tompkins Refunding of Series 2004A Maturity Date Amount Rate Yield Price Bond Component: 02/15/2014 1,415,000 2.000% 0.470% 100.330 02/15/2015 1,350,000 2.000% 0.600% 101.694 02/15/2016 1,390,000 3.000% 0.750% 104.936 02/15/2017 1,440,000 4.000% 0.950% 109.638 02/15/2018 1,495,000 4.000% 1.240% 111.303 02/15/2019 1,255,000 4.000% 1.460% 112.711 02/15/2020 800,000 4.000% 1.680% 113.638 9,145,000 Dated Date 11/27/2013 Delivery Date 11/27/2013 First Coupon 02/15/2014 Par Amount 9,145,000.00 Premium 672,543.00 Production 9,817,543.00 107.354215% Underwriter's Discount -41,152.50 -0.450000% Purchase Price Accrued Interest 9,776,390.50 106.904215% Net Proceeds 9,776,390.50 a Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 2 4 4 0 Jefferies Period Ending BOND DEBT SERVICE County of Tompkins Refunding of Series 2004A Principal Coupon Annual Interest Debt Service Debt Service 02/15/2014 1,415,000 2.000% 64,263.33 1,479,263.33 08/15/2014 134,150.00 134,150.00 12/31/2014 02/15/2015 1,350,000 2.000% 134,150.00 1,484,150.00 08/15/2015 120,650.00 120,650.00 12/31/2015 02/15/2016 1,390,000 3.000% 120,650.00 1,510,650.00 08/15/2016 99,800.00 99,800.00 12/31/2016 02/15/2017 1,440,000 4.000% 99,800.00 1,539,800.00 08/15/2017 71,000.00 71,000.00 12/31/2017 02/15/2018 1,495,000 4.000% 71,000.00 1,566,000.00 08/15/2018 41,100.00 41,100.00 12/31/2018 02/15/2019 1,255,000 4.000% 41,100.00 1,296,100.00 08/15/2019 16,000.00 16,000.00 12/31/2019 02/15/2020 800,000 4.000% 16,000.00 816,000.00 12/31/2020 1,613,413.33 1,604,800.00 1,610,450.00 1,610,800.00 1,607,100.00 1,312,100.00 816,000.00 9,145,000 1,029,663.33 10,174,663.33 10,174,663.33 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 3 Jefferies Date SAVINGS County of Tompkins Refunding of Series 2004A Present Value Prior Refunding Annual PV to 11/27/2013 Debt Service Debt Service Savings Savings' Factor @ 1.2247869% 02/15/2014 1,527,934.38 1,479,263.33 48,671.05 0.997357884 48,542.46 08/15/2014 180,059.38 134,150.00 45,909.38 0.991287306 45,509.39 12/31/2014 94,580.43 02/15/2015 1,560,059.38 1,484,150.00 75,909.38 0.985253677 74,790.00 08/15/2015 143,834.38 120,650.00 23,184.38 0.979256773 22,703.46 12/31/2015 99,093.76 02/15/2016 1,598,834.38 1,510,650.00 88,184.38 0.973296370 85,829.54 08/15/2016 107,459.38 99,800.00 7,659.38 0.967372246 7,409.47 12/31/2016 95,843.76 02/15/2017 1,632,459.38 1,539,800.00 92,659.38 0.961484180 89,090.53 08/15/2017 76,959.38 71,000.00 5,959.38 0.955631952 5,694.97 12/31/2017 98,618.76 02/15/2018 1,656,959.38 1,566,000.00 90,959.38 0.949815346 86,394.61 08/15/2018 45,359.38 41,100.00 4,259.38 0.944034143 4,021.00 12/31/2018 95,218.76 , 02/15/2019 1,390,359.38 1,296,100.00 94,259.38 0.938288128 88,442.46 08/15/2019 18,459.38 16,000.00 2,459.38 0.932577087 2,293.56 12/31/2019 96,718.76 02/15/2020 913,459.38 816,000.00 97,459.38 0.926900807 90,335.18 12/31/2020 97,459.38 10,852,196.94 10,174,663.33 677,533.61 677,533,61 651,056.62 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 651,056.62 158.03 Net PV Savings 651,214.65 4 4 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 4 Jefferies SUMMARY OF REFUNDING RESULTS • County of Tompkins Refunding of Series 2004A Dated Date Delivery Date Arbitrage yield Escrow yield Bond Par Amount True Interest Cost Effective Interest Cost Net Interest ost All -In TIC Average Coupon Average Life Par amount of refunded bonds Average coupon of refunded bonds Average life of refunded bonds PV of prior debt to 11/27/2013 @ 1.224787% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds 11/27/2013 11/27/2013 1.224787% 0.080936% 9,145,000.00 1.370453% 1.224787% 1.448981% 1.620476% 3.746081% 3.006 9,495,000.00 4.214894% 3.090 10,468,599.62 651,214.65 6.858501% 7.120991% Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 5 Jefferies Bond Component BOND SUMMARY STATISTICS County of Tompkins Refunding of Series 2004A Dated Date 11/27/2013 Delivery Date 11/27/2013 Last Maturity 02/15/2020 Arbitrage Yield 1.224787% True Interest Cost (TIC) 1.370453% Net Interest Cost (NIC) 1.448981% All -In TIC 1.620476% Average Coupon 3.746081% Average Life (years) Duration of Issue (years) 2.900 3.006 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per $1000) Average Takedown Other Fee 9,145,000.00 9,817,543.00 1,029,663.33 398,272.83 10,174,663.33 1,613,413.33 1,636,675.07 4.500000 Total Underwriter's Discount 4.500000 Bid Price 106.904215 Par Average Average PV of 1 bp Value Price Coupon Life change Bond Component 9,145,000.00 107,354 3.746% 3.006 2,825.65 9,145,000, 00 3.006 2,825.65 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts TIC 9,145,000.00 672,543.00 -41,152,50 All -In Arbitrage TIC Yield 9,145,000.00 9,145,000.00 672,543.00 672,543.00 -41,152.50 -70,000.00 Target Value 9,776,390.50 { 9,706,390.50 9,817,543.00 Target Date 11/27/2013 11/27/2013 11/27/2013 Yield " 1.370453% 1.620476% 1.224787% d 4 4 a Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 6 4 Jefferies PROOF OF ARBITRAGE YIELD County of Tompkins Refunding of Series 2004A Present Value to 11/27/2013 Date Debt Service @ 1.2247869% 02/15/2014 1,479,263.33 1,475,354.94 08/15/2014 134,150.00 132,981.19 02/15/2015 1,484,150,00 1,462,264.24 08/15/2015 120,650.00 118,147.33 02/15/2016 1,510,650.00 1, 470, 310.16 08/15/2016 99,800.00 96,543.75 02/15/2017 1, 539, 800, 00 1,480,493.34 08/15/2017 71,000.00 67,849.87 02/15/2018 1,566,000.00 1,487,410.83 08/15/2018 41,100.00 38,799.80 02/15/2019 1,296,100.00 1,216,115.24 08/15/2019 16,000.00 14,921.23 02/15/2020 816,000.00 756,351.06 10,174,663.33 9,817,543.00 Delivery date Par Value Premium (Discount) Proceeds Summary 11/27/2013 9,145,000.00 672,543.00 Target for yield calculation, 9,817,543.00 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 7 Jefferies PRIOR BOND DEBT SERVICE County of Tompkins Refunding of Series 2004A Dated Date 11/27/2013 Delivery Date 11/27/2013 Present Value Period Annual to 11/27/2013 Ending Principal Coupon Interest Debt Service Debt Service @ 1.2247869% 02/15/2014 1,315,000 5.000% 212,934.38 1,527,934.38 1,523,897.40 08/15/2014 180,059.38 180,059.38 178,490.58 12/31/2014 1,707,993.76 02/15/2015 1,380,000 5.250% 180,059.38 1,560,059.38 1,537,054.24 08/15/2015 143,834.38 143,834.38 140,850.79 12/31/2015 1,703,893.76 02/15/2016 1,455,000 5.000% .143,834.38 1,598,834.38 1,556,139.70 08/15/2016 107,459.38 107,459.38 103,953.22 12/31/2016 1,706,293.76 02/15/2017 1,525,000 4.000% 107,459.38 1,632,459.38 1,569,583.87 08/15/2017 76,959.38 76,959.38 73,544.84 12/31/2017 1,709,418.76 02/15/2018 1,580,000 4.000% 76,959.38 1,656,959.38 1,573,805.45 08/15/2018 45,359.38 45,359.38 42,820.80 12/31/2018 1,702,318.76 02/15/2019 1,345,000 4.000% 45,359.38 1,390,359.38 1,304,557.70 08/15/2019 18,459.38 18,459,38 17,214.79 12/31/2019 1,408,818.76 02/15/2020 895,000 4.125% 18,459.38 913,459.38 846,686.24 12/31/2020 913,459.38 9,495,000 1,357,196.94 10,852,196.94 10,852,196.94 10,468,599.62 0 4 • 4 4 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 8 4 Jefferies Bond SUMMARY OF BONDS REFUNDED County of Tompkins Refunding of Series 2004A Maturity Interest Par Call Call Date Rate Amount Date Price , Series 2004A, SER04A: BOND 02/15/2014 5.000% 1,315,000.00 02/15/2015 5.250% 1,380,000.00 02/15/2014 100.000 02/15/2016 5.000% 1,455,000.00 02/15/2014 100.000 02/15/2017 4.000% 1,525,000.00 02/15/2014 100.000 02/15/2018 4.000% 1,580,000.00 02/15/2014 100.000 02/15/2019 4.000% , 1,345,000.00 02/15/2014 100.000 02/15/2020 4.125% 895,000.00 02/15/2014 100.000 9,495,000.00 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 9 Jefferies ESCROW REQUIREMENTS County of Tompkins Refunding of Series 2004A Period Principal Ending Principal Interest Redeemed Total b 02/15/2014 1,315,000.00 212,934.38 8,180,000.00 9,707,934.38 1,315,000.00 212,934.38 8,180,000.00 9,707,934.38 4 4 4 - 4 4 a Aq 8 ug 1, 2012 11:36 am' Prepared by Jefferies & Company Page 10 Jefferies ESCROW DESCRIPTIONS County of Tompkins Refunding of Series 2004A Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate , Nov 27, 2013: SLGS Certificate 02/15/2014 02/15/2014 9,706,232 0.080% 0.080% 9,706,232 SLGS Summary SLGS Rates File Total Certificates of Indebtedness 31JUL12 9,706,232.00 Aug 1, 2012 11:36 am Prepared by Jefferies & Company . Page 11 Jefferies ESCROW COST County of Tompkins Refunding of Series 2004A Type of Maturity Par Total Security Date Amount Rate Cost SLGS 02/15/2014 9,706,232 0.080% 9,706,232.00 9,706,232 9,706,232.00 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost Yield 11/27/2013 9,706,232 0.47 9,706,232.47 0.080936% 9,706,232 0.47 9,706,232.47 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 12 Jefferies Date ESCROW CASH FLOW County of Tompkins Refunding of Series 2004A Principal Interest Present Value Net Escrow to 11/27/2013 Receipts @ 0.0809363% 02/15/2014 9,706,232.00 1,701.91 9,707,93391 9,706,232.00 9,706,232.00 1,701.91 9,707,933.91 9,706,232.00 Escrow Cost Summary Purchase date Purchase cost of securities 11/27/2013 9,706,232.00 Target for yield calculation 9,706,232.00 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 13 1 1 Jefferies Date ESCROW SUFFICIENCY County of Tompkins Refunding of Series 2004A Escrow Net Escrow Excess Excess Requirement Receipts Receipts Balance 11/27/2013 0.47 0.47 0.47 02/15/2014 9,707,934.38 9,707,933.91 -0.47 9,707,934.38 9,707,934.38 0.00 4 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 14 4 4 4 Jefferies ESCROW STATISTICS County of Tompkins Refunding of Series 2004A Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) Date Date Cost Arbitrage Dead Time Global Proceeds Escrow: 9,706,232.47 0.217 0.080936% 0.080936% 9,682,284.89 23,947.58 9,706,232.47 9,682,284.89 23,947.58 0.00 Delivery date 11/27/2013 Arbitrage yield 1.224787% Aug 1, 2012 11:36 am Prepared by Jefferies & Company + y i Page 15 Jefferies FORM 8038 STATISTICS County of Tompkins Refunding of Series 2004A Dated Date Delivery Date 11/27/2013 11/27/2013 Redemption Bond Component Date , Principal Coupon Price Issue Price at Maturity Bond Component: 02/15/2014 1,415,000.00 2.000% 100.330 1,419,669.50 1,415,000.00 02/15/2015 1,350,000.00 2.000% .101.694 1,372,869.00 1,350,000.00 02/15/2016 1,390,000.00 3.000% 104.936 1,458,610.40 1,390,000.00 02/15/2017 1,440,000.00 4.000% 109.638 1,578,787.20 1,440,000.00 02/15/2018 1,495,000.00 4.000% 111.303 1,663,979.85 1,495,000.00 02/15/2019 1,255,000.00 4.000% 112.711 1,414,523.05 1,255,000.00 02/15/2020 800,000.00 4.000% 113.638 909,104.00 800,000.00 9,145,000,00 9,817,543.00 9,145,000.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 02/15/2020 4.000% 909,104.00 800,000.00 Entire Issue 9,817,543.00 9,145,000.00 3.0901 1.2248% Proceeds used for accrued interest Proceeds used for bond issuance costs (including underwriters' discount) Proceeds used for credit enhancement Proceeds allocated to reasonably required reserve or replacement fund Proceeds used to currently refund prior issues Proceeds used to advance refund prior issues Remaining weighted average maturity of the bonds to be currently refunded Remaining weighted average maturity of the bonds to be advance refunded 0.00 111,152.50 0.00 0.00 9,706,232.47 0.00 3.0898 0.0000 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 16 Jefferies FORM 8038 STATISTICS County of Tompkins Refunding of Series 2004A Refunded Bonds Bond Component Date Principal Coupon Price Issue Price Series 2004A: BOND 02/15/2014 1,315,000.00 5.000% 100.000 1,315,000.00 BOND 02/15/2015 1,380,000.00 5.250% 100.000 1,380,000.00, BOND 02/15/2016 1,455,000.00, 5.000% 100.000 1,455,000.00 BOND 02/15/2017 1,525,000.00 4.000% 100.000 1,525,000.00 BOND 02/15/2018 1,580,000.00 4.000% 100.000 1,580,000.00 BOND 02/15/2019 1,345,000.00 4.000% 100.000 1,345,000.00 BOND 02/15/2020 895,000.00 4.125% 100.000 895,000.00 9,495,000.00 9,495,000.00 Remaining Last Weighted Call Issue Average Date Date Maturity Series 2004A All Refunded Issues 02/15/2014 12/08/2004 3.0898 02/15/2014 3.0898 Aug 1, 2012 11:36 am Prepared by Jefferies & Company Page 17 086715-00337 REFUNDING BOND CERTIFICATE DATED NOVEMBER 16, 2004. CERTIFICATE OF THE' FINANCE DIRECTOR OF THE COUNTY OF TOMPKINS, NEW YORK, MAKING CERTAIN DE IERMENATIONS RELATING TO PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS, 2004 SERIES A AND SERIES B. I, the undersigned Finance Director of the County of Tompkins, New York (the "County"), pursuant to a Refunding Bond Resolution No. 217 of 2004, dated October 19, 2004, duly adopted by the County Legislature of said County on said date, authorizing the issuance, pursuant to Section 90.10 of the Local Finance Law, of refunding bonds of said County, said refunding bonds to be designated Public Improvement Refunding (Serial) Bonds, 2004 Series A and Series B (the "Bonds"), and delegating to the Finance Director, as chief fiscal officer, various powers with respect to the Bonds, including, without limitation, the power to determine the amount of the Bonds to be issued, the maturities and terms thereof, the provisions, if any, relating to the redemption of the Bonds prior to maturity, whether the Bonds will be insured by a policy or policies of municipal bond insurance, the rate or rates of interest to be home by the Bonds, and the power to designate the Fiscal Agent and Escrow Agent for the Bonds, which powers are in full force and effect and have not been modified, amended or revoked, DO HEREBY DETERMINE as follows: The Bonds shall be issued in two series and the aggregate amount of the Bonds to be issued shall be $20,420;000 The Bonds shall be sold at private sale to Roosevelt & Cross, Inc. (the "Underwriter"), pursuant to a Bond Purchase Agreement dated November 16, 2004 between the County and the Underwriter, .for a purchase price of $21,186,291.50, there' being $766,291.50 of original issue premium and an underwriters' discount of $91,Q73.20, subject 2 to the approval of the terms and conditions of such sale by the State'Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law. The first series of Bonds shall be designated Public Improvement (Serial) Bonds, 2004 Series A (the "Series A Bonds"). The Series A Bonds shall be in the aggregate principal amount of $19,425,000, shall mature on February 15 in each of the years and in each of the amounts, and shall bear interest payable February 15, 2005 and August 15, 2005, and semi- annually thereafter on February 15 and August 15, as follows: Interest Interest Maturi Amount Rate Maturity Amount Rate 2005 $1,170,000 2.500% 2012 $ 705,000 4.000% 2006 955,000 2.500% 2012 500,000 5.000% 2007 990,000 2.500% 2013 1,265,000 4.250% 2008 435,000 3.000% 2014 1,315,000 5.000% 2008 590,000 5.000% 2015 1,380,000 _ 5.250% 2009 200,000 3.000% 2016 1,455,000 5.000% 2009 860,000 5.000% 2017 1,525,000 4.000% 2010 600,000 3.000% 2018 1,580,000 4.000% 2010 505,000 5.000% 2019 1,345,000 4.000% 2011 300,000 3.500% 2020 895,000 4.125% 2011 855,000 5.000% The Series A Bonds maturing on or before February 15, 2014 shall not be subject to redemption prior to maturity. The Series A Bonds maturing on or after February 15, 2015 shall be subject to redemption prior to maturity as a whole or in part (and by lot if less than all of a maturity is to be redeemed), at the option of the County, on February 15, 2014 or on any date thereafter at par, plus accrued interest to the date of redemption. If less thanall of the Series A Bonds of any maturity are to be redeemed, the particular Series A Bonds of such maturity to, be redeemed shall be selected by the Countyby. lot in any customary manner of selection as detei. uined by the Finance Director. Notice of such call for redemption shall be given by mailing such notice to the registered holder not more than 3 sixty (60) days nor less than thirty (30) days prior to such date. Notice of redemption having been given as aforesaid, the Series A Bonds so called for redemption shall, on the date for redemjtion set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The other series of Bonds shall be designated Public Improvement (Serial) Bonds, 2004 Series B (the "Series B Bonds"). The Series B Bonds shall be in the aggregate principal amount of $995,000, shall mature on September 1 in each of the years and in each of the amounts, and shall bear interest payable March 1, 2005 and September 1, 2005, and semi- annually thereafter on March 1 and September 1, as follows: Interest Maturity Amount Rate 2005 $120,000 2.250% 2006 115,000 2.250% 2007 120,000 2.250% 2008 120,000 2.500% 2009 125,000 3.000% 2010 125,000 3.125% 2011 130,000 3.250% 2012 140,000 3.500% The Series B Bonds shall be issued without the option of prior redemption. The Escrow Agent for the Bonds shall be The Bank of New York and the Finance Director shall be the Fiscal Agent for the Bonds. The form and contents of the Bonds shall be substantially in accordance with the forms attached hereto as Exhibits A-1 and A-2. The Bonds shall be sold as two series of bonds, shall each be ;dated. December 8, 2004, and shall be designated "Public Improvement Refunding (Serial) Bonds, 2004 Series A and Series B". 4 - When issued, said Bonds shall be initially issued in registered form irn denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. Interest on the Series A Bonds will be paid at the rates of interest hereinbefore set forth, on February 15, 2005 and August 15, 2005 and semi-annually thereafter on February 15 and August 15 in each year, until each bond matures, and interest on the Series B Bonds will be paid at the rate of interest hereinbefore set forth, on March 1, 2005 and September 1, 2005 and semi-annually thereafter on March 1 and September 1 in each year, until each bond matures, by check or draft mailed by the Fiscal Agent to the persons in whose name the bonds are registered at the close of business on the last day of the calendar month preceding each such semi-annual interest payment date for the Series A Bonds and at the close of business on the fifteenth days of the calendar month preceding each such semi-annual interest payment date for the Series B Bonds (the "Registered Owner") at the Registered Owner's address as the same appears on the registration books of the County maintained by the Fiscal Agent, which Registered Owner shall be The Depository Trust Company, New York, New York ("DTC"), or to its nominee, Cede & Co., while the bond is registered in the name of Cede & Co. in accordance with the Book -Entry -Only system herein described. In the event that either DTC shall discontinue the Book -Entry -Only system or the County shall terminate its participation in such Book -Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple 5 thereof not exceeding the principal' amount of each respective maturity. Such' certificated bonds may be exchanged at any time prior to maturity at the office of the fiscal agent to be named for such certificated bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal of and interest on the Bonds shall be payable by check or draft mailed by the Fiscal Agent to DTC, or to its nominee, Cede & Co., while the bonds are registered in° the name of Cede & Co. in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the Bonds to the Fiscal Agent for the Bonds. The final Refunding Financial Plan in the form attached hereto as Exhibit B is hereby approved. September 18, 2012 Regular Meeting Call to Order Ms. Robertson, Chair, 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 Attendee Name Title Status Member Present Arrived Departed Will Burbank Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 5:37 PM David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present 9:05 PM Peter Stein Member Present Privilege of the Floor by the Public Fran Spadafora Manellis, Call Center Manager for 2-1-1 Tompkins Cortland Services Help Line, announced the Human Services Coalition has republished the food and shelter cards. The cards are targeted towards those who reside in the City of Ithaca and in the eight rural communities who may be at risk of homelessness, food scarcity, or other needs. They have distributed cards to local emergency services personnel, police agencies, and the Homeless and Housing Task Force as well. Legislators will also be receiving cards. Privilege of the Floor by Legislators Mrs. McBean-Clairborne arrived at this time. Mr. Shinagawa spoke of statistics that were referenced in Presidential candidate Mitt Romney's campaign and explained his interpretation of what they mean. He said it has been reported that 46% of Americans don't pay a federal income tax. What this means is there are 46% of Americans who don't pay a federal income tax and many are the elderly who receive special tax credits and don't get any taxes on their Social Security. It also includes people that are making below the poverty level and families of less than four who are making less than $46,000 due to tax credits that was introduced through the Bush years in tax credits. Mr. Shinagawa said the key thing to remember is that of those 46% Americans that do not pay federal income taxes that they do pay sales tax and other state and local sales taxes which are particularly regressive. He said people should be aware of this as the debate goes forward about this 46% that it is important to remind people that it's not that these people don't pay taxes; they don't pay federal 265 September 18, 2012 income tax and for many reasons for very good reasons such as they are poor, looking for employment, are students, elderly, or are earning a low wage. Mr. Proto asked that Mr. Shinagawa's comments above be included in the record in their entirety. Presentation Town of Ithaca's Comprehensive Plan Mr. Engman, Town of Ithaca Supervisor, presented the Town of Ithaca's draft Comprehensive Plan and highlighted certain sections and reviewed the process for seeking input. The Plan is available on the Town's website. They have identified five areas to focus on: West Hill, Inlet Valley/Southwest, South Hill, East Hill/Southeast, and Forest Home/Northeast. Resolutions Added to and Withdrawn from the Agenda Motion To: Add the resolution entitled Approval of Proposal to Develop and Implement the New York Council for the Humanities Reading and Discussion Program to Strengthen the Diversity Conversation in the County Workplace. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Kathy Luz Herrera * * * * * * * * * * Ms. Robertson gave Ms. Chock permission to withdraw the following resolution: Resolution (ID # 3644): Authorization to Fund Hanshaw Road Reconstruction Project Elements that Enable Children to Walk and Bicycle to School Via Safe Routes to Schools Program Aid, (PIN 3753.25), Town of Ithaca (DOC ID: 3644) WHEREAS, Resolution No. 9 of 2005 authorized an agreement between the County of Tompkins and the State of New York Department of Transportation to fund design of the Reconstruction of County Road 109, Hanshaw Road (the "Project"), between the Cayuga Heights corporate boundary and its intersection with Sapsucker Woods Road, and WHEREAS, pedestrian and bicycle accommodations within the Project area were found to be insufficient and not providing adequate safety and mobility, given the setting and character of the area, and are to be improved through Project implementation, and WHEREAS, Resolution No. 167 of 2007 granted Design and Right -of -Way Plan Approval of the Project, the limits of which having been extended within the Village of Cayuga Heights to Pleasant Grove Road, including enhanced pedestrian and bicycle accommodations, and WHEREAS, the federal Safe Routes To Schools Program (SRTS) promotes walking and bicycling as safe alternatives to riding the bus or being driven to school, and aids projects that improve safety and reduce vehicular traffic, fuel consumption, and air pollution within two miles of primary or 266 September 18, 2012 middle schools, and WHEREAS, the Project limits are entirely within two miles of the DeWitt Middle School via a sidewalk recently constructed along Warren Road by the Town of Ithaca with SRTS funding, and WHEREAS, the New York State Department of Transportation is accepting applications for SRTS funding that will fund 100% of costs for eligible projects to provide diversity of mobility choices for families through bicycle- and pedestrian -friendly design, and WHEREAS, SRTS funding will allow the Project to fully achieve its objectives, and WHEREAS, the County of Tompkins desires to advance the Project by making a commitment of advance funding of the entire costs of the Project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature supports submission of a Safe Routes To Schools Program funding application to the New York State Department of Transportation for the Hanshaw Road Reconstruction Project where Tompkins County will be the local Sponsor, RESOLVED, further, That Tompkins County Highway staff hereby is authorized to develop an agreement between Tompkins County and the Ithaca City School District identifying the qualifying school's commitment to and understanding of its role in the SRTS program. SEQR ACTION: Unlisted, Negative Declaration Issued * * * * * * * * * * Approval of Resolutions Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera * * * * * * * * * * Resolution 2012-177: Authorizing a Consultant Agreement with C&S Companies for Construction Observation and Administration Services in Connection with Runway 14-32 Centerline Joint Repair - Ithaca Tompkins Regional Airport (DOC ID: 3640) WHEREAS, a contract has been awarded to DiFiore Construction of Rochester, New York for $1,628,510 to construct the Terminal Ramp Rehabilitation project and perform an urgent Runway Centerline Joint Repair, and WHEREAS, the Centerline Joint Repair is a recent add-on to the original contract and no provision was made in the Terminal Ramp Rehabilitation inspection contract for night-time inspection on the runway, and WHEREAS, the airport's engineering consultant, C&S Companies of Syracuse, has proposed providing said services for a fee of $11,000 and WHEREAS, the budget for said construction observation and administration services is as 267 September 18, 2012 follows: FAA Share (90%) $ 9,900 New York State Department of Transportation (NYSDOT) Share (5%) $ 550 Airport Operational Budget (5%) $ 550 Total $11,000 , and WHEREAS, an FAA grant covering 90% of all the costs associated with the Terminal Ramp Rehabilitation and Centerline Joint Repair has been received and accepted by the Legislature on September 4, 2012, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $11,000 be and hereby is approved, RESOLVED, further, That the local share of $550 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 II -1 * * * * * * * * * * Resolution 2012-178: Award of Bid - New Snow Removal Equipment - Ithaca Tompkins Regional Airport (DOC ID: 3637) WHEREAS, the Finance Department has duly advertised for bids to purchase new snow removal equipment for the Ithaca Tompkins Regional Airport, and WHEREAS, two bids were received and, after consultation with the Federal Aviation Administration (FAA), Tracey Road Equipment of Syracuse, New York, was found to be the only responsive bidder at a cost of $ 527,106, and WHEREAS, the budget for said snow removal equipment is as follows: FAA (90%) $474,396 New York State Depailnient of Transportation (NYSDOT) (5%) $ 26,355 Airport Operational Budget (5%) $ 26,355 Total $527,106 , and WHEREAS, an FAA grant of $474,396 has already been offered and accepted by the Legislature on September 4, 2012, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Tracey Road Equipment with a bid of $527,106, RESOLVED, further, That the local share be derived from the airport budget and that the Finance Director be authorized to advance payments for this piece of equipment until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -25 * * * * * * * * * * Resolution 2012-179: Award of Tourism Partner Awards (DOC ID: 3625) 268 September 18, 2012 WHEREAS, the Tompkins County Tourism Program owes its success to the alliance of tourism partners and supporters, and WHEREAS, the Strategic Tourism Planning Board (STPB) and Planning, Development, and Environmental Committee (PDEQ) wish to recognize individuals, organizations, and associations who through their actions or activities have made an impact on the local economy by attracting conventioneers and visitors to Tompkins County, and WHEREAS, the STPB and the PDEQ Committee established a tourism recognition award program in 2006, and WHEREAS, funding exists in the 2012 Tourism Program budget to commemorate tourism partner awards by installing pavers at a trailhead of the Cayuga Waterfront Trail, and WHEREAS, since 2006 Amy Kuo Somchanhmavong and Siv Somchanhmavong with the Ithaca Asian American Association have planned and implemented the annual Finger Lakes International Dragonboat Festival, resulting in approximately 300 hotel room nights each year, as well as thousands of visitor dollars spent in shops, restaurants, and other businesses, and WHEREAS, every August since 2003, Jane Miller and the Ithaca Triathlon Club have organized the Cayuga Lake Triathlon, resulting in almost 400 hotel room nights each year, as well as thousands of visitor dollars spent in shops, restaurants, and other businesses, and WHEREAS, over three days every June, Lynne Irwin and the Cornell Local Roads Program have attracted hundreds of highway superintendents for the annual Highway Superintendents School that has resulted in approximately 300 hotel room nights per year, as well as thousands of visitor dollars spent in shops, restaurants, and other businesses, now therefore be it RESOLVED, on recommendation of the Planning, Development, Environmental Quality Committee, That the Finger Lakes International Dragonboat Festival, Cayuga Lake Triathlon, and the Cornell Local Roads Program are each awarded a Tourism Partner Award, RESOLVED, further, That the County Legislature thanks Amy Kuo Somchanhmavong and Siv Somchanhmavong and the Ithaca Asian American Association, Jane Miller and the Ithaca Triathlon Club, and Lynne Irwin and the Cornell Local Roads Program, for positively impacting the local economy. SEQR ACTION: TYPE II -20 ********** Resolution 2012-180: Acceptance of Strategic Tourism Plan Developed by the Strategic Tourism Planning Board (STPB) (DOC ID: 3624) WHEREAS, Tompkins County has a Strategic Tourism Planning Board (STPB), an official County advisory board whose purpose is to advise the Tompkins County Legislature on all aspects of tourism development in Tompkins County, and WHEREAS, according to the bylaws of the STPB, part of its mission is "To develop a tourism policy for review and adoption by the Tompkins County Legislature, to be developed with input from members of the community who are interested in and informed about local tourism development, and addressing all issues raised by reports and information pertinent to all aspects of tourism development", and WHEREAS, the STPB has during the past years developed a Strategic Tourism Plan that references previous reports on tourism and incorporates input from members of various parts of the 269 September 18, 2012 community as represented on the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature accepts the 2020 Strategic Tourism Plan as developed by the STPB, RESOLVED, further, That the STPB keep the Legislature informed regarding developments related to the aims, policies, goals and actions outlined in the 2020 Strategic Tourism Plan. SEQR ACTION: TYPE I1-20 * ********* Resolution 2012-181: Budget Adjustments - Office for the Aging (DOC ID: 3659) WHEREAS, pursuant to Administrative Policy 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 adjustments on his books: Office for the Aging REVENUE A6784.44772 APPROPRIATION A6784.54491 Federal Revenue $11,052.22 Subcontract $11,052.22 Explanation: Federal revenue increase in the Nutrition Services Incentive Program (NSIP) REVENUE A6796.44772 A6796.44772 APPROPRIATION A6796.54000517 A6796.58800 Federal Revenue Federal Revenue Salary Fringes ($4,349) ($2,362) ($4,349) ($2,362) Explanation: Cut in Federal revenue for Outreach Worker's salary and fringes in the WRAP Program. SEQR ACTION: TYPE II -20 * * * * * * * * * * Approval of Appointments Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Library Board of Trustees Timothy W. Scott - term expires December 31, 2014 Agricultural and Farmland Protection Board Roy Trask - Farmer representative; term expires December 31, 2015 * ********* 270 September 18, 2012 Planning, Development, and Environmental Quality Committee Resolution 2012-182: Approving the Issuance by the Tompkins County Development Corporation of Up to $10,000,000 Aggregate Principal Amount Tax -Exempt Revenue Bonds (Kendal at Ithaca, Inc. Project), Series 2012 (DOC ID: 3628) At this time, Mr. Dennis offered the following motion: Motion To: Call the question. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 2] James Dennis, Member Brian Robison, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Leslyn McBean-Clairborne Kathy Luz Herrera The question was called. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 2] Will Burbank, Member Pat Pryor, Member Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein James Dennis, Brian Robison Kathy Luz Herrera 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 Kendal at Ithaca, Inc., a New York not-for-profit corporation (the "Company") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax -Exempt Revenue Bonds (Kendal at Ithaca, Inc., Project), Series 2012, in an aggregate principal amount not to exceed $10,000,000 (the "Bonds"), for the purpose of refinancing outstanding bonds at a lower rate of interest, and WHEREAS, the project (the "Project") shall consist of: (A) the refunding of the outstanding principal amount of the Tompkins County Industrial Development Agency's $12,830,000 original principal amount Continuing Care Retirement Community Revenue Bonds (Kendal at Ithaca, Inc., Project), Series 2003A (the "Series 2003A Bonds"), which were issued for the benefit of the Company for the purpose of refunding in part the $23,255,000 original principal amount Tompkins County Industrial Development Agency Life Care Community Bonds (Kendal at Ithaca, Inc., Project), Series 1994 (the "Series 1994 Bonds"), the proceeds of which were used to finance a certain project (the "1994 Project") consisting of (i) the acquisition of an approximately 100 -acre parcel of land located in the Village of Cayuga Heights, Tompkins County, New York (the "Land"); (ii) the construction on the Land of a Life Care Community facility consisting of approximately 210 independent living units, 35 nursing care beds, 12 adult care units and related facilities; (iii) the acquisition and installation in and around the 1994 Project of certain items of equipment, machinery, furniture and other tangible personal property 271 September 18, 2012 (collectively, the "Equipment" and together with the Land and the 1994 Project, the "Series 1994 Facility"); and (iv) the payment of certain costs incidental to the issuance of the Series 1994 Bonds; and (B) the payment of certain costs incidental to the issuance of the Bonds ((A) and (B) hereinafter referred to as "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 August 24, 2012, the Issuer held such 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, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on August 24, 2012, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(0(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Tompkins County Planning, Development, and Environmental Quality Committee, That the Legislature hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation 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 II -20 * * * * * * * * * * Resolution 2012-183: Making a Negative Determination of Environmental Significance in Relation to Resolution No. 184 of 2012 (DOC ID: 3621) 272 September 18, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, in Resolution No. 184 of 2012 the County proposes to allocate funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection to the Finger Lakes Land Trust for the purpose of protection through conservation easement the approximately 250 -acre Likens property (Town of Caroline tax parcel 28.-1-3), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to the action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 184 of 2012 is an unlisted action, RESOLVED, further, That the Legislature hereby makes a negative determination of environmental significance in regard to Resolution No. 184 of 2012. SEQR ACTION: Unlisted (Short EAF on file with the Clerk of the Legislature) ********** Resolution 2012-184: Appropriating Funds from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection for the Likens Property in a Natural Features Focus Area (DOC ID: 3620) This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Tompkins County Legislature established the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection by Resolution No. 217 of 2005, and WHEREAS, the current balance in the Capital Reserve Fund is $23,423, and WHEREAS, the purpose of the Capital Reserve Fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to: • protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan; • preserve and develop recreational trail corridors that cross municipal borders; and • develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents, and 273 September 18, 2012 WHEREAS, the Program Guidelines for use of the Capital Reserve Fund calls for proposed projects to substantially further at least one of the following objectives: • Protect a stream buffer at least 330 feet in width, • Provide public access to the Cayuga Lake shore, • Protect land that is adjacent to permanently protected open space, • Preserve land on an existing or potential intermunicipal trail corridor, • Protect a high concentration of Prime Soils or Soils of Statewide Significance, and • Protect a Distinctive or Noteworthy view as identified in the Tompkins County Scenic Resources Inventory, and WHEREAS, the Finger Lakes Land Trust has requested financial support from the Capital Reserve Fund for the purpose of protecting through a conservation easement the approximately 250 -acre Likens property (tax parcel 28.-1-3 in the Town of Caroline), and WHEREAS, the Town of Caroline Town Board has voted to support the conservation easement on this property, and WHEREAS, the Likens property • is in the Forestlands Natural Features Focus Area as designated in the Tompkins County Comprehensive Plan; • shares an extensive common boundary with Shindagin Hollow State Forest; • is proximate to the Finger Lakes Trail; • is within the New York State Open Space Plan's Emerald Necklace Greenbelt; • contains approximately 220 acres of mature hardwood forests and 30 acres of leased farmland, and WHEREAS, the Finger Lakes Land Trust has agreed to accept a conservation easement on the Likens property, subject to the establishment of a stewardship fund for long-term monitoring and management, and WHEREAS, the Commissioner of Planning and Community Sustainability and the Planning Advisory Board have recommended that the County Legislature authorize funding to support the Likens property conservation easement from the Capital Reserve Fund, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget, Capital, and Personnel Committees, That a total of Thirteen Thousand Two Hundred -Fifty Dollars ($13,250) in funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection be appropriated for the purpose of securing a conservation easement on the Likens property in collaboration with the Finger Lakes Land Trust, RESOLVED, further, That the Director of Finance be authorized and directed to make an adjustment to the Planning Depaitiuent budget (A8027.54400 - $13,250) from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or agreements related to this project. SEQR ACTION: Unlisted (Short EAF on file with the Clerk of the Legislature) * * * * * * * * * * Budget, Capital, and Personnel Committee 274 September 18, 2012 Resolution 2012-185: Approval of Proposal to Develop and Implement the New York Council for the Humanities Reading and Discussion Program to Strengthen the Diversity Conversation in the County Workplace (DOC ID: 3662) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization, and WHEREAS, in 2006 the Tompkins County Legislature adopted a diversity policy that calls for ongoing professional development of staff to encourage an organizational culture that respects and values diversity, and WHEREAS, a Reading and Discussion Program has been proposed by the Department of County Administration to give County staff an opportunity to improve the effectiveness of their communication around diversity and to increase cultural awareness, and WHEREAS, the proposed Program format will follow a design set by the New York Council for the Humanities, a private nonprofit founded in 1975 to "help all New Yorkers become thoughtful participants in our communities by promoting critical inquiry, cultural understanding, and civic engagement," and WHEREAS, the Workforce Diversity and Inclusion Committee fully supports the Program proposal and will facilitate its implementation, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature hereby approves the Reading and Discussion Program proposal, RESOLVED, further, That funds for a pilot of this project in the amount of $240 will be made available through the County Administration Department budget and expended in 2013. SEQR ACTION: TYPE II -20 * * * * * * * * * * Public Safety Committee Resolution 2012-186: Authorization for Tompkins County through the Department of Emergency Response to Partner in Interoperable Communications Alliance (DOC ID: 3647) Ms. Kiefer said this agreement came without the benefit of having the County Attorney seeing it and she wanted to make sure that doesn't happen in the future and that the County Attorney review all agreements, even if they don't come to the Legislature. Mr. Mareane said he agreed with this and that is the intent. 275 September 18, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, there is a need to cooperate and establish an interoperability communications network to serve areas of the State, including the Southern Tier East Region, and WHEREAS, this need has been expressed in the National SAFECOM program, is encouraged by the Federal Government through a number of State and Federal grant programs, and is well recognized as the future for planning interoperable communications systems, and WHEREAS, in order to seek federal funding for such initiatives, it is the desire of the Counties of Broome, Chenango, Cortland, Delaware, Otsego, Schoharie, Tioga, and Tompkins, to form the Emergency Service Interoperable Communication Alliance for the Eastern Southern Tier (hereinafter referred to as "Regional Interoperable Communications Alliance"), and WHEREAS, it is desirable that the Regional Interoperable Communications Alliance be endorsed by its participant active counties, and that its responsibilities be formally set forth, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County of Tompkins, for the reasons set forth above, and pursuant to the authority provided under Article 5-G of the New York State General Municipal Law, hereby expresses its desire to work with its neighboring counties as an active member of the Southern Tier East Emergency State Interoperable Communication Alliance and officially designates the Director of the Department of Emergency Response to be its official representative to said Alliance, RESOLVED, further, That once activated, the Regional Interoperable Communications Alliance will be governed in the manner set forth in the accompanying Memorandum of Agreement, RESOLVED, further, That the Regional Interoperable Communications Alliance shall be activated upon the adoption of this resolution by this County and any two other counties listed as potential member counties, and that the Alliance shall only represent those counties with active memberships, RESOLVED, further, That the County Administrator may authorize the Director, Department of Emergency Response, to participate and represent the County in other similar multi -county and/or regional partnering opportunities and consortiums as may be practical for the development and potential funding of interoperable communications initiatives, and to execute other such similar inter- county/regional agreements. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-187: Authorization to Accept Homeland Security Grants, Department of Emergency Response (DOC ID: 3646) 276 September 18, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Department of Emergency Response has identified available funding sources through the New York State Office of Homeland Security, and said funds may be applied to the current Computer -Aided Dispatch (CAD)/Mobile Data System (MDS)/Records management Systems (RMS) Project, and WHEREAS, grants of $128,263 (FY1OSHSP) and $119,160 (FY11SHSP) through the State Homeland Security Program (SHSP) have been approved by the New York State Office of Homeland Security to assist in the procurement of CAD/MDS/RMS enhancement and for the related training, management, coordination, and development of these system, and WHEREAS, a Capital Project was established for procurement of these systems and enhancements, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts these Homeland Security Grants totaling $247,423 for purposes of assisting in the CAD/MDS/RMS project procurement and training, RESOLVED, further, That the following accounts be adjusted accordingly: Communication Capital Projects: Revenue: 3412.44389 (Other Public Safety) $169,191 Expense: 3412.59239 (Construction Expense) $169,191 SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 7:27 p.m. The meeting reconvened at 7:35 p.m. Public Safety Committee Resolution 2012-188: Appropriation from Contingent Fund to Replace Sheriff's Department Vehicles with More Fuel -Efficient Models (DOC ID: 3569) The resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera 277 September 18, 2012 WHEREAS, the Sheriff's Department has requested to use Contingency Funds to finance the purchase of five used vehicles from the Tompkins County Health Department and four new vehicles to replace nine older unmarked vehicles, and WHEREAS, the Sheriff s Department cannot fund the purchase of these vehicles using its current budget, and WHEREAS, the new vehicles to be purchased have an average fuel economy that is 5 miles per gallon higher than those they will replace, resulting in an estimated annual net fuel savings of $4,800, and WHEREAS, the new vehicles will help the County achieve its goal of reducing fossil fuel consumption and greenhouse gas emissions, as outlined in the Green Fleet Policy (01-44), by preventing the release of an estimated 1,466 U.S. tons of carbon dioxide and carbon dioxide equivalents into the atmosphere each year, and WHEREAS, the entirety of revenue from the sale of the older vehicles will be returned to the Contingency Fund, and it is therefore estimated that the net withdrawal from the Contingency Fund will be approximately $46,000, and RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That this Legislature hereby authorizes the Finance Director to apply $125,000 of Contingency Funds to purchase the nine vehicles requested by the Sheriff's Department, RESOLVED, further, That the Finance Director will use the entirety of the revenue from selling the nine older vehicles to replenish the Contingency Fund, RESOLVED, further, That should the price paid for the nine replacement vehicles be lower than the amount allocated from the Contingency Fund, the Finance Director should return the difference to the Contingency Fund, RESOLVED, further, That the Finance Director shall return to the Legislature and report the specific budget adjustments required to reflect the specific revenue and expenditure adjustments that are required to meet the intent of this Resolution. SEQR ACTION: TYPE I1-20 ********** Health and Human Services Committee Resolution 2012-189: Acceptance of Grant from the FY2012 Drug -Free Communities (DFC) Support Program to Enable the Community Coalition for Healthy Youth to Mentor the Schuyler County Commission on Underage Drinking and Drugs (DOC ID: 3629) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the Tompkins County Youth Services Department has identified youth substance 278 September 18, 2012 use and abuse as a programmatic priority in and around Tompkins County, and WHEREAS, the Tompkins County Youth Services Department has a longstanding history of supporting programming that is proven to reduce youth substance use and abuse through the Community Coalition for Healthy Youth, and WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded a grant to the Tompkins County Youth Services Department to mentor the Schuyler County Commission on Underage Drinking and Drugs (SCCUDD), to develop activities that will support and encourage the development of SCCUDD and thus reduce underage youth substance use and abuse within the Finger Lakes region, therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this two-year grant of $75,000/per year, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his 2011 books: REVENUE 7020.44820 APPROPRIATION A7020.51000655 A7020.58800 A7020.54303 A7020.54330 A7020.54414 A7020.54452 Federal Grant Program Mgmt. Specialist Salary Fringe Supplies Printing Local Mileage Postage TOTAL $7491 $4,385 $2,381 30 50 300 45 $7,491 RESOLVED, further, That the remainder of the 2012/13 award $67,507, will be included in the Youth Services Department 2013 budget. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-190: Urging New York State to Ban the Manufacture, Distribution, Sale, and Possession of Dangerous Unregulated Synthetic Drugs (DOC ID: 3554) Following discussion, Mr. Lane offered the following motion: Motion To: Call the Question. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 5] Michael Lane, Member James Dennis, Member Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne Kathy Luz Herrera The question was called. Ms. Kiefer asked that the Clerk of the Legislature include the following facts in the letter that is transmitted to recipients: at least 41 states have legislatively banned synthetic cannabinoids and at least 42 279 September 18, 2012 states have outlawed substituted cathinones. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Frank Proto, Member Pat Pryor, Member Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Will Burbank, Carol Chock, Dooley Kiefer Kathy Luz Herrera WHEREAS, the sale and use of synthetic "designer" drugs such as phenethylamines, synthetic cannabinoids, synthetic cathinones, known commonly as "bath salts," continues to increase among individuals in our communities, and WHEREAS, these "designer drugs" are specifically synthesized with a similar, but slightly modified structure of a Schedule 1 controlled substance in order to avoid existing drug laws, and can be continually chemically modified to avoid legal repercussions, while maintaining their intended effects and usages, and WHEREAS, these compounds stimulate the body's central nervous system, causing effects similar to those caused by cocaine and amphetamines, including but not limited to increased heart rate and blood pressure, hallucinations, paranoia, suicidal thoughts, violent behavior, nausea, and vomiting, and WHEREAS, hospitals, health agencies, and poison control centers are experiencing increased emergency room cases, illnesses, deaths, and reports linked to the use and abuse of these substances by children and adults, and WHEREAS, law enforcement agencies and courts are seeing increased crime in our local communities associated with the sale and abuse of these substances, and WHEREAS, these designer drugs are marketed as plant food, bath salts, insect repellant, and glass cleaner and can be obtained through storefront retailers, online retailers, and indirectly through others, and WHEREAS, the Commissioner of Health in New York State issued an Order for Summary Action to Ban the Sale and Distribution of Designer Drugs Commonly Packaged and Marketed as Bath Salts on May 20, 2011, and WHEREAS, Tompkins County applauds the Commissioner of Health and Public Health and Health Planning Council for amending the State Sanitary Code, banning the possession , manufacture, distribution, sale, or offer for sale of synthetic phenethylamines and synthetic cannabinoids, and WHEREAS, while amending the State Sanitary Code is an important first step in combating this serious public threat, legislation must be passed to ban synthetic phenethylamines and synthetic cannabinoids, and WHEREAS, the United States Senate passed a bill to ban permanently two substances commonly used in "bath salts", and WHEREAS, these facts support the assertion that these substances pose a significant and immediate public health threat and danger to public safety, now therefore be it 280 September 18, 2012 RESOLVED, on recommendation of the Tompkins County Board of Health, the Health and Human Services Committee, That the Tompkins County Legislature and the Board of Health urges the State Legislature and Governor pass further meaningful and effective legislation criminalizing the manufacture, distribution, sale, and possession of these substances and their future derivatives by anyone of any age in New York State with the intent of protecting the health and safety of all citizens of New York State, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, the New York State Legislature and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-191: Authorization to Enter into a Five -Year Lease Agreement for the Tompkins County Human Rights Commission (DOC ID: 3609) Ms. McBean-Clairborne asked that language be added to the resolution that includes the amount of rent being paid, escape clause and that there are no increases for years 2-5. The Legislature agreed this information could be included in an explanation. RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the Lease Agreement that has covered the offices of the Tompkins County Human Rights Commission, located at 120 West State Street, in the City of Ithaca, expired on August 31, 2012, and WHEREAS, this location provides convenient access to the public, and WHEREAS, the Human Rights Commissioner has negotiated a five-year extension and an early six-month termination clause, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator, or his designee, is hereby authorized to finalize negotiations and sign a lease agreement with the landlord, Irish LLC, for the period of September 1, 2012, through August 31, 2017. SEQR ACTION: TYPE II -20 * * * * * * * * * * Explanation: The rent is $26,937 per year which is an increase of $1,036.08 from the present amount. For years 2-5 there are no increases. The lease includes a six-month escape clause. Budget, Capital, and Personnel Committee 281 September 18, 2012 Resolution 2012-192: Authorizing Use of Contingent Funds for Personnel Department Laserfiche Electronic Filing Project) (DOC ID: 3655) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, in order to transfer from a paper filing system to Laserfiche, an electronic filing system currently in use in Tompkins County that adheres to the New York State Records Retention System and will save resources including staff time, space, paper, copying costs, and WHEREAS, the Personnel Department can complete this project with a combination of temporary staffing and outside contractor in the amount of $30,000, and WHEREAS, this is a one-time expense and 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 the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 TO: A1430.51000357 A1430.58800 A1430.54442 Contingent Fund Personnel Assistant Trainee Fringes Professional Services $30,000.00 $12,240.00 $ 1,224.00 $16,536.00 RESOLVED, further, That the Contingent Fund appropriation will not affect the Personnel Department's 2012 rollover allocation. SEQR ACTION: TYPE II -20 ********** Mr. Shinagawa was excused at this time. Minutes of Previous Meeting - September 4, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Pamela Mackesey, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer Kathy Luz Herrera, Nathan Shinagawa Adjournment The meeting adjourned at 9:08 p.m. 282 October 2, 2012 Regular Meeting Call to Order Ms. Robertson, Chair, 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 Attendee Name Title Status Member Present _ Arrived Will Burbank Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 5:34 PM David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Excused Peter Stein Member Present Privilege of the Floor by the Public Mrs. McBean-Clairborne arrived at this time. Margaret Corbit, Town of Danby, described where she lives and said she makes a living working from home as an online educator developing new Internet technology educational resources for museums and Federal programs. She uses an internet dial-up service and said the network technology has remained static where she lives while it has expanded all over the County. She spoke about the two proposals being considered for endorsement by the Legislature. One proposal is from a wireless internet service provider that will cover most of the County and the other proposal would bring cable internet to a limited number of households. She expressed concern with the discussions that have taken place about whether the two proposals have to be mutually exclusive of each other. She believes that the assumption that this is true does a disservice to those who could be in jeopardy of not receiving adequate service from the wireless solution. The topography in the southern end of the County is rolling hills and there is no guarantee that adequate towers will be installed to rise above the trees and topography and come into the homes. The fiber optic proposal would come directly into her home and she would be able to connect to it. There are about 25 houses in her neighborhood that would be impacted. She requested the Legislature endorse both proposals. Lee Haefele, Haefele TV, Inc., explained the broadband proposal he has prepared for the Town of Enfield and parts of the Towns of Danby and Caroline. He is most interested in the Town of Enfield and lower end of Danby on South Danby Road. He anticipates that 98% of the homes in the Town of Enfield 283 October 2, 2012 would be covered in his proposal. He understands that they are not the best option for the Town of Caroline as they did not reach a high percentage of the homes. He asked the Legislature to consider endorsing his proposal. Jeff Golden, Haefele TV, Inc., added to the comments made by Mr. Haefele and said that in conversations with the State there has been nothing said about exclusivity of endorsement. In the Town of Caroline there are about 500 homes unserved and their grant would cover approximately 285 of them. He said they are interested in receiving some of this grant money and said although it is not a comprehensive plan it is the best they can offer. Ted Crane, Town of Danby, said he has very good internet service but pays several hundreds of dollars each month. He urged the Legislature to bring broadband to all of Tompkins County. He said he sat in on most of the Broadband Committee meetings; there were no arguments, personal agendas, and the only time when questions were raised had to do with additional radio waves and potential health impacts. He distributed copies of an article from the World Health Organization documenting the radio waves being negligible. He urged the Legislature to approve the proposal in its entirety. Karen Edelstein, Salmon Creek Road resident, said she also works at home as a consultant and gets a little better than dial-up service on her Blackberry on a good day. She expressed concern with two companies applying for grant funding as each might get less. She suggested the company with the greatest reach be considered first and the second company be considered secondarily if there is any money left. Claire Perez, Route 34B resident, spoke in support of the Clarity Connect grant proposal. It provides the greatest amount of service to the greatest number of people at an affordable price. Clarity Connect is a fixed wireless service that will provide an opportunity for upgrades with a preexisting infrastructure. Report from a Municipal Official(s) Fredric Dietrich, Town of Danby Supervisor, said he has been really impressed, in this day and age when there is so much negativity about government, with the whole broadband effort and support it has received and the sharing of information. It has been a wonderful experience to be able to interact with everyone and he believes the County has a real shot at receiving this grant. He briefly commented on the Town's water district. He continued his comments on the broadband issue and believes whatever plan that can serve the most people should be pursued. He spoke of the important components including education and the connections broadband will provide. This will be a total change and improvement for the community. Presentations Summary of the Independent Living Survey by Dale Schumacher and Patrick Doty of the Learning Web (10 Minutes) (ID # 3676) Ms. Robertson asked Mr. Schumacher to e-mail a copy of the full survey. Planning, Development, and Environmental Quality Committee Resolution 2012-193: Endorsing the Tompkins County Development Focus Areas Strategy (DOC ID: 3543) 284 October 2, 2012 In response to Ms. Pryor's question about how the focus areas would be communicated to municipalities, Mr. Marx said that it could be communicated that this was an endorsement resolution and not a resolution of adoption. He does not recommend including a statement that the County would always support what a municipality wants to do because there may be times when that is not the case. He suggested recognizing the authority of municipalities under State Law and the role of the County are distinctly different. Ms. Pryor said she would be appreciative of a cover letter being produced to reflect Mr. Marx's comments. Mr. Marx agreed to do this. This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [8 TO 4] Will Burbank, Member Pamela Mackesey, Member Burbank, Dennis, Kiefer, Mackesey, McBean-Clairborne, Pryor, Robertson, Stein Michael Lane, David McKenna, Frank Proto, Brian Robison Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Comprehensive Plan, adopted by the Legislature in December 2004 and amended in 2008, established the policy to "Encourage the development of diverse communities that provide a mix of uses, a variety of employment options, social and recreational opportunities, and an assortment of amenities within walking distance of residential development," and WHEREAS, the Tompkins County Planning Department has prepared a strategy entitled "Building Vibrant Communities in Tompkins County ... a Development Focus Areas Strategy," also known as the Tompkins County Development Focus Areas Strategy, and WHEREAS, the Planning Department solicited input on the Tompkins County Development Focus Areas Strategy from municipal officials, including giving individual presentations to ten municipalities, and from the public, including four public meetings, and WHEREAS, the County Planning Advisory Board has endorsed the Tompkins County Development Focus Areas Strategy and recommends that the Tompkins County Legislature also endorse it, and WHEREAS, there are no financial implications associated with endorsing this Strategy, implementation of some aspects of the Strategy may have financial implications that would be reviewed by the Legislature at the time of implementation, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature, endorses the Tompkins County Development Focus Areas Strategy, dated July 18, 2012. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-194: Endorsing the Tompkins County Conservation Strategy (DOC ID: 3547) This resolution was adopted by a roll call vote. 285 October 2, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [8 TO 4] Will Burbank, Member Dooley Kiefer, Member Burbank, Dennis, Kiefer, Mackesey, McBean-Clairborne, Pryor, Robertson, Stein Michael Lane, David McKenna, Frank Proto, Brian Robison Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Comprehensive Plan, adopted by the Legislature in December 2004 and amended in 2008, established policies to "Sustain and enhance the agricultural activities and working farms within the Agricultural Resources Focus Areas identified in the (Comprehensive) Plan, and within locally designated important agricultural areas" and to "protect prime agricultural land for agricultural use", and WHEREAS, the Tompkins County Comprehensive Plan, adopted by the Legislature in December 2004 and amended in 2008, established policies to "Preserve the natural features, ecosystems, and forest lands within the Natural Resources Focus Areas identified in the Comprehensive Plan" and "preserve and protect scenic views, areas of natural beauty, and the rural character of Tompkins County, and WHEREAS, the Tompkins County Conservation Plan, Part I: A Strategic Approach to Natural Resource Stewardship (2007) and Part II: A Strategic Approach to Agricultural Resource Stewardship (2010) provides background, research, and analysis that delves into these policies and provides a framework for action, and WHEREAS, the Tompkins County Planning Department has prepared a strategy entitled the Tompkins County Conservation Strategy, and WHEREAS, the Planning Department solicited extensive public, municipal, and local area expert input on the development of the Conservation Plan in 2006 and 2009, and WHEREAS, the Planning Department solicited input on the Tompkins County Conservation Strategy from the public through three public meetings as well as the County Planning Advisory Board, and WHEREAS, the County Planning Advisory Board has endorsed the Tompkins County Conservation Strategy and recommends that the Tompkins County Legislature endorse it, and WHEREAS, there are no financial implications associated with endorsing this Strategy, implementation of some aspects of the Strategy may have financial implications that would be reviewed by the Legislature at the time of implementation, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature, endorses the Tompkins County Conservation Strategy, dated August 28, 2012. SEQR ACTION: TYPE I1-20 Health and Human Services Committee * * * * * * * * * * 286 October 2, 2012 Resolution 2012-195: Authorization to Amend the Capital Program, Appropriate Rollover Funds for the Purchase and Implementation of an Environmental Health Permit Management Program (DOC ID: 3645) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Environmental Health Division's On-site Sewage program in coordination with Tompkins County Information Technology Services (ITS), completed a "Smart Work" initiative in November of 2011 to better define, document, and prepare a strategy to improve day-to-day business processes and efficiencies related to permitting, inspection, and data management, and WHEREAS, a primary conclusion of this effort was the need to review alternative software, permit management and field-based technology solutions as an alternative to the outdated systems currently in place and that ITS does not have the capability to enhance the existing and locally developed database solution to meet the permit management requirements, and WHEREAS, the Division would like to further integrate the collection and management of permit data, site-based plans, field inspections and financial transactions by both division employees and customers, and WHEREAS, a Request for Information (RFI) was distributed to investigate software alternatives and provide project cost estimates, and WHEREAS, responses were received and interviews where subsequently conducted with six vendors in December of 2011, and WHEREAS, based on the RFI and interview process results, and the additional review of requirements by ITS, the project team has developed a preliminary budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the Capital Program be amended to reflect the purchase and implementation of a permit management software system, RESOLVED, further, That the Legislature authorizes the Finance Director to allocate $285,716 from Public Health Department rollover to the Environmental Health Permit Management capital account to support the cost of project, RESOLVED further, That the Tompkins County Information Technology Services (ITS) and the Public Health Departments are allowed to pursue professional services contract alternatives, and related hardware and software procurements, and is granted authority to enter into all final contract(s) resulting from a possible future Tompkins County Request for Proposal (RFP) process or standard procurement process utilizing the New York State Office of General Service background contract, RESOLVED further, That the Finance Director is authorized to make the following adjustments to his books: 287 October 2, 2012 FROM: A599 TO HM4003.59239 SEQR ACTION: TYPE II -20 Recess Rollover Capital Account * * * * * * * * * * $285,716 $285,716 Ms. Robertson declared recess at 7:40 p.m. The meeting reconvened at 7:50 p.m. Budget, Capital, and Personnel Committee Resolution 2012-196: Endorsing the "Connect NY" Broadband Grant Application of Clarity Connect, Inc., for the Purpose of Expanding Broadband Internet Access to Unserved Homes and Businesses in Tompkins County (DOC ID: 3698) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, access to broadband Internet service rapidly has come to be regarded as a basic necessity of 21st century culture in much the same way that phones, radio, and television were regarded in previous generations, and WHEREAS, it is very much a fact of life that in our rural communities a significant number of rural homes and businesses lack such access, and WHEREAS, recognizing the adverse impact of such disparate access to broadband Internet service, in October 2010, this Legislature created the Tompkins County Special Committee on Broadband ("Broadband Committee"), comprised of County Legislators and other local citizens, to advise the Legislature how to best promote broadband technology countywide, to address the needs of unserved and underserved residents, foster public-private innovation, enhance existing capabilities, and support good governance, and WHEREAS, the Broadband Committee, through the analysis of available data and a professional survey of residents, confirmed that large expanses of Tompkins County were without reliable or affordable broadband service, and WHEREAS, the Broadband Committee in January 2012 recommended that the County proceed with appropriate urgency to implement solutions to address these large gaps in access, particularly through technologies that best serve communities that currently lack service and to seek grant funding that would assist the implementation and economics of such solutions, and WHEREAS, in August 2012, the New York State Economic Development Corporation (EDC) announced a new $25 million statewide broadband initiative called Connect NY aimed at expanding broadband Internet access to the unserved areas of the State, and WHEREAS, Clarity Connect, Inc. (Clarity), a local Tompkins County -based telecommunications provider, has prepared an application for Connect NY funding that would eliminate virtually all gaps in affordable broadband Internet coverage within Tompkins County as well as in areas adjacent to Tompkins 288 October 2, 2012 County, and WHEREAS, Clarity will also engage Finger Lakes Technologies Group, Inc., a regional -based telecommunications provider, in the development and implementation of its broadband system, and will undertake discussions with Haefele TV, whose proposal covers a small subset of the Clarity Connect service area but whose fiber optic and coaxial cable system may better serve the small number of homes in a topographically difficult service area, and WHEREAS, Clarity has established partnerships with schools, libraries, and municipalities in the areas to be served by its broadband Internet system that will ensure the maximum community use and benefit of the system and has also committed to providing discounted rates for residents of limited means, and WHEREAS, the County Legislature finds the Clarity proposal responsive to the community needs identified by the Broadband Committee and consistent with the technology the Committee found most appropriate for the area, and WHEREAS, the County will contribute to the private -public partnership proposed by Clarity and made possible by the Connect NY grant by the provision of transmission tower access and necessary County easements, now therefore be it RESOLVED, on recommendation of the Special Committee on Broadband and the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature endorses Clarity Connect, Inc.'s application to the New York State Economic Development Corporation for Connect NY Broadband Grant funding. SEQR ACTION: TYPE II -20 ********** Capital Plan Review Committee Resolution 2012-197: Authorize an Amendment to the 2012-2016 Capital Program to Incorporate the Renovation of the Old Courthouse for the Purpose of Accommodating the Relocation of the County Legislature at a Cost of $1,200,000 (DOC ID: 3661) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Michael Lane, Member James Dennis, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, under the powers granted it by the 1987 Court Facilities Act, the New York State Office of Court Administration (OCA) is empowered to assess the space needs of all courts in New York State and to direct local governments to accommodate such needs, and WHEREAS, the OCA demonstrated a need for additional non -courtroom space within the main Tompkins County Courthouse that the Tompkins County Legislature is in the process of providing by relocating the County Office for the Aging from the main Courthouse and by decreasing the space occupied by the Office of the County Clerk in the main Courthouse, and WHEREAS, although the Legislature has provided required Courtroom space in the main Courthouse and the Old Courthouse, the OCA has nevertheless insisted that the courtrooms be within one 289 October 2, 2012 building, consolidated in the main Courthouse, a demand that will displace the Legislature from its historic Chambers in the main Courthouse, and WHEREAS, the Legislature has agreed to investigate alternative space for the Legislative Chambers, and WHEREAS, after a review of the limited alternatives available, the Legislature decided by majority vote to relocate its Chambers and offices to the second floor of the Old Courthouse in a timely manner, and WHEREAS, the Capital Plan Review Committee has coordinated a review of improvements that must be made to the Old Courthouse in order to reasonably accommodate the Legislature, its staff, and the public and has frequently consulted with the full Legislature regarding specific design decisions, and WHEREAS, a schedule of specific improvements has been prepared by the County's consulting architect, and WHEREAS, the cost of such improvements has been estimated at approximately $1,200,000, and WHEREAS, the Capital Plan Review Committee has reviewed the schedule of improvements and associated costs and finds they reasonably reflect the essential functional needs of the Legislature and the related costs required by this relocation, now therefore be it RESOLVED, on recommendation of the Capital Plan Review and the Budget, Capital, and Personnel Committees, That the Capital Program be amended to increase the budget of the Courthouse Relocation and Renovation project to $1,200,000. SEQR ACTION: TYPE II -20 ********** Budget, Capital, and Personnel Committee Resolution 2012-198: Bond Resolution Authorizing the Issuance of Up to $1,200,000 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 "Old Courthouse" at 121 East Court Street (DOC ID: 3677) This resolution was adopted by a roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Michael Lane, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Carol Chock, Kathy Luz Herrera, Nathan Shinagawa 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 intends to undertake a capital improvement project (the "Project") consisting of certain renovations, reconstruction, and rehabilitation of the County's building known as the "Old Courthouse" located at 121 East Court Street, and 290 October 2, 2012 WHEREAS, the Project is classified in the Regulations as the replacement, rehabilitation, and reconstruction of a facility, in kind, on the same site, 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) determines as follows: Section 1. 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 $1,200,000 serial bond of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. The maximum estimated cost of the aforesaid class of objects or purposes is $1,200,000 and that the plan for the financing thereof is by the issuance of up to $1,200,000 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. The period of probable usefulness of the aforesaid class of objects or purposes is 25 years under subdivision 12(a)(1) of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 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 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 291 October 2, 2012 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. 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 11-20 292 October 2, 2012 * * * * * * * * * * Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Brian Robison, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Carol Chock, Kathy Luz Herrera, Nathan Shinagawa Resolution 2012-199: Adoption of Revised Administrative Policy 01-14 — Oaths of Office (DOC ID: 3600) WHEREAS, the Oaths of Office policy required updating to more accurately reflect existing regulations and procedures, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following Administrative Policy is hereby revised and adopted: 01-14 - Oaths of Office SEQR ACTION: TYPE II -20 * ********* Resolution 2012-200: Reducing Workweek for a Senior Financial Investigator Position in Social Services) (DOC ID: 3604) WHEREAS, the Social Services Commissioner has determined it to be in the best interests of the Child Support Unit and the Department that the weekly hours for a Senior Financial Investigator be reduced from 40 to 35 hours, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the standard workweek for Senior Financial Investigator position #1035, White Collar Grade M (13), Job Code 658 be reduced from 40 to 35 effective September 1, 2012. SEQR ACTION: TYPE II -20 * ********* Government Operations Committee Resolution 2012-201: Expressing Appreciation to and Disbanding the Tompkins County Independent Redistricting Commission (DOC ID: 3652) 293 October 2, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, on April 5, 2011, in response to the need to address reapportionment following the decennial census, the Tompkins County Legislature passed Resolution No. 2011-49 entitled "Creation of an Independent Redistricting Commission", and WHEREAS, Tompkins County duly advertised for applicants to serve on the Independent Redistricting Commission ("Commission") and the Government Operations Committee, on behalf of the Legislature, reviewed applications submitted and interviewed candidates for membership on the Commission, and WHEREAS, on June 7, 2011, on recommendation of the Government Operations Committee, by Resolution No. 2011-87, a nine -member Commission including its chair was appointed to serve at the pleasure of the Legislature, and was given a detailed Charge that included (a) The Plan shall comply with the requirements of state and federal constitutions and laws as to proper district apportionment. (b) The Plan shall comply with the standards for reapportionment as set forth in Section C- 2.11 of the Tompkins County Charter and Code as follows: "Standards of reapportionment "The Tompkins County Legislature shall, in approving a plan of reapportionment, be guided by the goals of equality of representation consistent with the policies of the State Legislature as interpreted by the courts of appropriate jurisdiction. "Factors to consider are: "Minimization of population variance among districts; "Compactness of districts; "Practicable consistency with existing municipal boundaries and neighborhoods within Tompkins County; "Balance and reasonableness of representation for the diversity of citizens residing in all parts of the County." (c) In considering a Plan, the Commission shall not consider the location of the residences of incumbents. (d) The current number of County legislative districts is 15. The County Charter and Code allows between 11 and 19 districts. The Commission may recommend a change in the number of legislative districts. (e) The Commission may inform and educate itself by seeking the advice of experts, except that any expenditures for that purpose must be approved by the County Legislature in advance. (f) To allow for the greatest dissemination of information, the recommended plan and any other alternatives shall consist of large, colored district maps, which shall be displayable on the County's website. The maps would be made available for review in the County Legislature Office, each municipal office, and at all libraries within the County. 294 October 2, 2012 (g) The Commission shall publicize its activities. (h) Meetings of the Commission shall be open to the public. (i) The Commission shall solicit input from County Legislators, the general public, municipal officials, good government advocacy groups, and others. It shall hold a reasonable number of fact-finding hearings and may hold focus group sessions. Commission meetings should be held in various geographic and neighborhood locations around the County. (j) The Commission shall solicit input from the Tompkins County Commissioners of Election regarding the implications of the district boundaries under consideration. (k) Although it may be considered as a factor, the Commission shall not automatically assume a particular number of legislative districts for the City of Ithaca based on the number of city -designated of wards. (1) The Commission shall make every effort to minimize the use of "sliver election districts" (i.e., small areas in one municipality or neighborhood attached to much larger areas in another for the sole purpose of reducing population disparities between districts) formed when County legislative districts and City ward districts are not co -terminus. However, should the Commission find sliver districts desirable for the benefit of the best Plan, it may recommend them. (m) In its deliberations, the Commission shall consider possible redistricting impacts on communities of interest such as rural or minority populations. It may also consider the effect on student populations. and to report to the Legislature no later than March 1, 2012, and WHEREAS, the Commission met 15 times, all in open session, and sought input from the public, municipalities, and Legislators, and WHEREAS, on February 22, 2012, the Commission presented the Tompkins County Legislature with its final report and recommendation to have fourteen instead of fifteen legislative districts, including four instead of five within the City of Ithaca, (Map 14c, version 3) and achieving a Countywide population variance of 9.88 percent, and WHEREAS after the Commission had completed its work members remained willing to convene as needed, and subsequently the Commission met twice more. (1) At the request of the Government Operations Committee the Commission met again on April 23, 2012, to consider adjusting its recommended district boundary lines within the City of Ithaca after the City's Redistricting Committee settled on a four -ward (district) option: The Commission decided to make a new (second) recommendation that accepted the City's ward lines as the County's district lines (Map 14c, version 5; achieving reduction in the population variance to 9.15 percent), (2) On its own motion the Commission met once more on June 18, 2012, after Ithaca Common Council rejected its own Redistricting Committee's recommendation and voted to keep five wards. In response the County Commission returned to its original recommendation but with slightly modified lines to minimize the number of "sliver districts" created by the overlapping boundaries of the five City wards with the County's four districts within the City (Map 4c, version 3, revision 1), and this resulted in the same population variance of 9.15 percent, and WHEREAS, at its June 19, 2012, meeting the County Legislature accepted the Commission's 295 October 2, 2012 recommended 14 -district plan of apportionment and directed a local law to implement the Commission's June 18, 2012, plan (Map 14c, version 3, revision 1) be prepared for public hearing, and WHEREAS, on August 21, 2012, the County Legislature held the Public Hearing on "Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts" to reflect a 14 -member Legislature as shown in map 14c, version 3, revision 1, and heard all persons desiring to address the Legislature on this plan of apportionment, and WHEREAS, at its September 4, 2012, meeting the County Legislature passed Local Law No. 5 of 2012 - A Local Law Amending the Tompkins County Charter and Code - Chapter 28 - Election Districts, accepting the Plan of Apportionment, and WHEREAS, the Legislature's Charge to the Committee ends with a "Time of Completion" that includes: "(b) Upon acceptance of a Plan of Apportionment by the Tompkins County Legislature, the work of the Commission shall be deemed complete and the Commission disbanded", now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hereby expresses its deepest gratitude to the members of the Independent Redistricting Commission for its diligence, thoroughness, and comprehensive recommendations in providing an independent and non-partisan effort, RESOLVED, further, That the Tompkins County Legislature also expresses its appreciation to Information Technology Services Director, Greg Potter, and Geographic Information Systems Technician, Svetla Borovska, for their efforts in providing numerous maps, information, and expertise to the Commission, making it possible for the process to move forward within the timeline requested, RESOLVED, further, That the Tompkins County Legislature, having established an Independent Redistricting Commission and adopted the Commission's recommendation set a standard that more counties and the New York State Legislature should recognize and emulate. SEQR ACTON: TYPE II -20 ********** Budget, Capital, and Personnel Committee Resolution 2012-202: Temporary Reappointment of Finance Director (DOC ID: 3685) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, County Finance Director, David Squires, retired effective September 29, 2012, and WHEREAS, David Squires has agreed to continue as Finance Director until a successor is appointed, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature hereby reappoints David Squires as the County Finance Director at the current rate effective October 1, 2012, through no later than September 30, 2013, 296 October 2, 2012 RESOLVED further, That the 2013 Budget provides funding for a reasonable transition to assist the new Finance Director. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-203: Appropriation from Contingent Fund in the Amount of $22,500 - Upgrade of Financial System Application Software - Finance Department (DOC ID: 3663) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the current version of financial system software utilized by the Finance Department will no longer be supported by Sunguard Pentamation after 2013, and WHEREAS, the Information Technology Services Department recommends that it would be cost effective to upgrade to another version of the financial software maintained by Sunguard Pentamation, and WHEREAS, there is an opportunity to save $20,000 of hardware replacement cost by combining this project with the County Clerk's records management project upgrade and sharing the same computer server , and WHEREAS, there are no funds allocated in the 2012 Finance Department Budget to provide for the financial software upgrade, 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: FROM: 1990.54400 Contingent Fund $22,500 TO: 1315.54442 Professional Services $22,500 SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2012-204: Budget Adjustment from Highway Fund Balance - Authorization to Fund Erosion Mitigation/Stream Stabilization Project, Six Mile Creek, Town of Caroline (DOC ID: 3673) This resolution was adopted by a short roll call vote. 297 October 2, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member David McKenna, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Tompkins County Soil and Water Conservation District, in cooperation with the Town of Caroline, is undertaking a $247,000 erosion mitigation/stream stabilization improvement in and around Six Mile Creek intended to address conditions that led to the collapse of Banks Road and the undermining of the County's Banks Road Bridge during the floods that followed Hurricane Irene and Tropical Storm Lee in 2012, and WHEREAS, that project has been approved by the New York State Department of Environmental Conservation, the Army Corps of Engineers, and the New York State Office of Emergency Management and is awaiting approval by the Federal Emergency Management Agency (FEMA), and WHEREAS, while awaiting FEMA approval of the project and the associated reimbursement of the project's costs, the Town of Caroline and the Tompkins County Soil and Water Conservation District have expended $177,000 of available local funds and have now exhausted available resources necessary to complete the project this year, leaving a final element of the improvement in abeyance, and WHEREAS, the final element of the project involves stream stabilization in the portion of the creek closest to the County's Banks Road Bridge that, in the opinion of the County Highway Director, will protect the integrity of the County's bridge, including recent improvements made to re -stabilize the bridge in the aftermath of the 2012 flooding, and WHEREAS, the Town of Caroline and the Tompkins County Soil and Water Conservation District have requested the County's assistance to complete the project immediately, thereby avoiding additional mobilization and de -mobilization expenses if the work were to be delayed until next spring as well as the potential for significant erosion in the event of severe weather prior to the project's completion, and WHEREAS, the cost to complete the project is $70,000, and WHEREAS, efforts will continue to be made to secure FEMA approval of the project and the full reimbursement of project costs, and WHEREAS, if FEMA reimbursement is secured, the County will be repaid for its contribution to the project, but in considering the Town of Caroline and Tompkins County Soil and Water Conservation District's request for assistance, the County acknowledges the potential that FEMA reimbursement may not be forthcoming, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital and Personnel Committees, That the Tompkins County Legislature authorizes the use of the Highway Fund Balance in an amount not to exceed $70,000 to assist with the completion of this project, and to enter into a contract with the Town of Caroline to ensure that FEMA funds, if provided, are paid over to the County as reimbursement for its contribution, RESOLVED, further, That the following transaction be approved: BUDGET APPROPRIATION: 298 October 2, 2012 FROM: Highway Fund Balance TO: 5110.54400 Program Expense SEQR ACTION: TYPE I1-2 * * * * * * * * * * Minutes of Previous Meeting - September 4, 2012 $70,000 $70,000 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: AWAY: ACCEPTED [10 TO 1] Will Burbank, Member James Dennis, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison Dooley Kiefer Carol Chock, Kathy Luz Herrera, Nathan Shinagawa Peter Stein Adjournment The meeting adjourned at 9:18 p.m. 299 October 16, 2012 Regular Meeting Call to Order Ms. Robertson, Chair, called the meeting to order 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 Attendee Name Will Burbank Title Status Arrived Member Present Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Excused Michael Lane Member � Present _ Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 6:02 PM David McKenna Member Present 5:34 PM Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present 5:42 PM Peter Stein Member Present Distinguished Youth Award Ms. Pryor, District No. 6 Legislator, presented the Distinguished Youth Award to Dylan Bland, Junior at Lansing High School, and Agnes Csaki, a Senior at Lansing High School. Jane Manning, a Guidance Counselor, nominated both students for their kindness, character, and leadership, and for their service as mentors to younger students through the district's anti -bullying program. Mr. McKenna and Mr. Shinagawa arrived at this time. Report from the Finance Director Mrs. McBean-Clairborne arrived at this time. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda 300 October 16, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer Resolution 2012-205: Appointment of Election Commissioner for 2013-2014 (DOC ID: 3675) WHEREAS, Election Commissioner Stephen M. DeWitt's term is due to expire December 31, 2012, and WHEREAS, the Tompkins County Democratic Committee, at its September 20, 2012, meeting recommended Stephen M. DeWitt for reappointment to a two-year term, now therefore be it RESOLVED, on recommendation of the Tompkins County Democratic Committee and the Government Operations Committee, That Stephen M. DeWitt be and hereby is appointed Democratic Party Elections Commissioner for the two-year term commencing January 1, 2013, and ending December 31, 2014. SEQR ACTION: TYPE II -20 ********** Resolution 2012-206: Scheduling a Public Hearing on the 2013 Tompkins County Budget and the 2013-2017 Tompkins County Capital Program (DOC ID: 3672) WHEREAS, the tentative 2013 Tompkins County Budget and the 2013-2017 Tompkins County Capital Program are scheduled to be adopted on October 30, 2012, 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 Tuesday, November 13, 2012, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2013 Tompkins County Budget and the 2013 - 2017 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 2012-207: Authorization to Accept New York State Legislative Award Administered by the New York State Division of Criminal Justice Services and Budget Adjustment - Sheriff's Office (DOC ID: 3701) WHEREAS, the Tompkins County Sheriffs Office has received notification from Senators Thomas F. O'Mara and James L. Seward that funding in the amount of $12,500 has been secured and made available to the Tompkins County Sheriff s Office for the purpose of fighting illegal drugs and drug-related crimes, and WHEREAS, the Sheriff's Office can use these funds to replace an aging all -terrain vehicle (four - wheeler) that is used not only to locate and harvest illegal marijuana that grows in highly vegetated areas, but also during search and rescue operations, now therefore be it 301 October 16, 2012 RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County hereby accepts this grant award, RESOLVED, further, That the following accounts be adjusted accordingly: Account Amount 3113.44389 Other Public Safety Revenue $12,500 3113.52220 Departmental Equipment $12,500 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-208: Authorization to Accept New York State Division of Homeland Security and Emergency Services Grant and Budget Adjustment - Sheriff's Office (DOC ID: 3700) WHEREAS, Tompkins County has been awarded $106,000 through the FY 2012 State Homeland Security Program (SHSP) covering a performance period from September 1, 2012, through August 31, 2013, and WHEREAS, per federal guidelines, 25% ($26,500) of this total award must be directed towards law enforcement terrorism prevention activities, and WHEREAS, the Sheriffs Office has targeted these funds to be used for much needed night -vision and thermal imaging equipment to locate suspects as well as lost and missing persons concealed by the cover of darkness, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Sheriffs Office accept this grant, RESOLVED, further, That the following accounts be adjusted accordingly: Account Amount 3113.44389 Other Public Safety Revenue $26,500 3113.52220 Departmental Equipment $26,500 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-209: Making a Negative Declaration of Acquisition of Rights -Of -Way, Easement and Riparian Protection Agreement as a Part of the Ludlowville Stormwater Control Project (DOC ID: 3712) WHEREAS, in Resolution No. 210 of 2012, the Tompkins County Legislature would authorize the County Administrator or his designee to execute two (2) Rights -Of -Way Agreements, and Easement, and a Riparian Protection Agreement in the Town of Lansing to implement the Ludlowville Stormwater Control Project, 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 Facilities and Infrastructure Committee, That Resolution No. 210 of 2012 is an unlisted action, 302 October 16, 2012 RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 210 of 2012. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2012-210: Authorizing the Acquisition of Rights -Of -Way, Agreement as a Part of the Ludlowville Stormwater Control Project (DOC ID: 3713) WHEREAS, Resolution No. 257 of 2007 authorized the acceptance of a grant from the State of New York Department of Environmental Conservation to fund design of the construction of the Ludlowville Stormwater Control Project, (the "Action") in the Town of Lansing, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to construction; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, the preliminary design includes acquisition of one (1) permanent easement and one (1) riparian protection agreement necessary for the Action, and WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the State Environmental Quality Review Act (SEQRA) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS, the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, completion of all procedural requirements needed prior to project Design Approval will be certified by the design consultant, Barton & Loguidice of Syracuse, New York, and approved by the County Highway Manager, 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 documents related to project final design, RESOLVED, further, That the County Administrator or designee be hereby authorized to execute documents for acquisition of rights-of-way, easement, riparian protection agreement and maintenance agreements for the referenced project. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2012-211: Authorization to Execute Construction Funding Agreement with New York State Department of Transportation (NYSDOT) — West Seneca Road Over Boardman Creek — BIN 3210250 (Ulysses), PIN 3755.10 (DOC ID: 3709) WHEREAS, a Project to reconstruct the West Seneca Road Bridge over Boardman Creek, BIN 3210250, P.I.N. 3755.10, (the Project) in the Town of Ulysses, 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 303 October 16, 2012 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 Project by making a commitment of 100% of the non-federal share of the costs of Construction and Construction Inspection costs, and WHEREAS, Resolution No. 128 adopted on July 21, 2009, granted Project Design Approval determining that the Project is a Type II SEQRA action requiring no further environmental review, 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 $920,000.00 is hereby made available within account HZ5107.59239.53.22, West Seneca Road Bridge Capital Project Account, to cover the cost of participation in the Construction phase of the Project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification thereof by the New York State Department of Transportation, RESOLVED, further, That the Tompkins County Highway Director be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding of the local share of federal -aid and state -aid -eligible Project costs and all Project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -2 ********** Resolution 2012-212: Authorizing the Filing of an Application to New York State for the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State (DOC ID: 3696) WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and WHEREAS, Tompkins County has examined and duly considered the applicable laws of the State of New York and deems it to be in the public interest and benefit to file an application under these laws, and 304 October 16, 2012 WHEREAS, it is necessary that a Contract by and between the State of New York and Tompkins County be executed for such aid, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the filing of an application in the form required by the State of New York in conformity with the assurances contained in said application is hereby authorized, RESOLVED, further, That the Tompkins County Solid Waste Manager or her designee is directed and authorized as the official representative of Tompkins County to complete the application and to provide such additional information as may be required, RESOLVED, further, That the Tompkins County Administrator or the Tompkins County Risk Manager is directed and authorized as the official representative of Tompkins County to sign the resulting contract and related documents if said application is approved by the State, RESOLVED, further, That Tompkins County agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for an amount up to $36,910 for the State's share of said costs, RESOLVED, further, That five (5) certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation (NYSDEC) together with a complete application. SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointments RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer Greater Tompkins County Municipal Health Insurance Consortium Brooke Jobin - Alternate Tompkins County representative; no set term STOP -DWI Advisory Board Edward K. Abruzzo - At -large representative; term expires 12-31-2014 Strategic Tourism Planning Board Christy Voytko - At -large representative; term expires 12-31-2013 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-213: Payment of Multi -Year Tourism Capital Grants - 2012 (DOC ID: 3706) 305 October 16, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer 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 to be paid out of 2012 Tourism Capital Grant Budget Entity Project Date of Resolution Res. No. 2012 2013 2014 2015 Sciencenter Marcellus Exhibit 3/15/11 33 $25,000 Cayuga Nature Center Improvements for Enhanced Programming 3/15/11 33 $25,000 $25,000 $25,000 $12,000 Kitchen Theatre Bold New Space Renovation 6/16/09 104 $25,000 $25,000 Hangar Theatre A Hangar for All Seasons Renov. 6/16/09 104 $25,000 $25,000 City of Ithaca Ithaca Skate Park Renovation 3/15/11 33 $33,000 TOTAL $133,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * 306 October 16, 2012 Resolution 2012-214: Award of Fall 2012 Community Celebration Grants (DOC ID: 3702) Mrs. McBean-Clairborne disclosed that the MLK Breakfast is a project of the Greater Ithaca Activities Center (GIAC) for which she works. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer 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 Celebration Award Village of Groton Groton Winterfest $700 City of Ithaca Tompkins County Veteran's Parade $500 City of Ithaca Fire & Ice Festival $925 City of Ithaca International Youth Arts & Culture Festival $500 City of Ithaca Kwanzaa 2012 $700 City of Ithaca Light in Winter $1,500 City of Ithaca MLK Jr. Community Breakfast $700 TOTAL $5,525 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 * * * * * * * * * * Minutes of Previous Meeting — October 16, 2012 Recess RESULT: MOVER: SECONDER: AYES: EXCUSED: ACCEPTED [UNANIMOUS] Will Burbank, Member Frank Proto, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer 307 October 16, 2012 Ms. Robertson declared recess at 6:40 p.m. The meeting reconvened at 6:45 p.m. Executive Session Motion To: Hold an Executive Session to discuss personnel matters and negotiations. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera, Dooley Kiefer An executive session was held at 6:45 p.m. The meeting returned to open session at 8:10 p.m. Adjournment The meeting adjourned at 8:10 p.m. * * * * * * * * * * 308 October 30, 2012 Special 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 Attendee Name Will Burbank Title Status Arrived Member Present _ Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member �� Present _ Pamela Mackesey Member Absent Leslyn McBean-Clairborne Member Present 5:37 PM David McKenna Member Present Frank Proto Member Present 5:37 PM Pat Pryor Member Excused Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Excused Peter Stein Member Present Budget, Capital, and Personnel Committee Resolution 2012-215: Adoption of Amendments to the 2013 Tentative Tompkins County Budget and 2013-2017 Capital Program (DOC ID: 3752) RESULT: MOVER: SECONDER: AYES: ABSENT: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, McKenna, Robertson, Robison, Stein Pamela Mackesey Chock, Luz Herrera, McBean-Clairborne, Proto, Pryor, Shinagawa WHEREAS, amendments to the 2013 tentative budget and 2013-2017 capital program were recommended and filed by the Expanded Budget, Capital, and Personnel Committee on October 25, 2012, and WHEREAS, a public hearing is scheduled for November 13, 2012, 7:00 p.m., at the Legislative Chambers, now therefore be it RESOLVED, on recommendation of the Expanded Budget, Capital, and Personnel Committee, 309 October 30, 2012 That the 2013 Tentative Budget and 2013-2017 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 $43,813,760, resulting in an approximate tax -levy increase of 3.77 percent and a county -wide average tax -rate increase of 1.95 percent, RESOLVED, further, That this action also results in an increase of $20.83 on an average home valued at $160,000, RESOLVED, further, That this amended tentative budget will be presented at the November 13, 2012, Public Hearing on budget. SEQR ACTION: TYPE I1-21 Adjournment The meeting adjourned at 5:39 p.m. * * * * * * * * * * 310 November 7, 2012 Regular Meeting Call to Order The meeting was called 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 Attendee Name Title Status Arrived Will Burbank Member Present Carol Chock Member Excused James Dennis Member Present Kath Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present 5:35 PM _ Peter Stein Member Present 5:35 PM Privilege of the Floor by the Public Fay Gougakis, City of Ithaca, expressed her concerns with the increased crime and shortage of police officers with the Ithaca City Police. She also expressed concerns about the use of cell phones and tinted windows being used on vehicles. Legislators Shinagawa and Stein arrived at this time. Report from a Municipal Official(s) Mr. Barber, Town of Caroline Supervisor, made the following statement: "Sorry that I can't make the public hearing next week as I will be meeting with the Caroline Town Board to set our budget. Like you I know the seriousness that we must take in setting legislative priorities though the budget process. Tonight I'm here to speak about funding for the development of our youth into productive members of society in the face of austere decisions made by State and Federal Governments. "For Youth programs it is a politically expedient tool, in tight financial times, to cut funding for a constituency that doesn't vote. This is the case for collective set of public education and program for our youth. We are seeing this play out in Tompkins County with local governments being caught in the snare as well. Last year you used one-time money's to close a $53,000 reduction from New York State. If you weren't applauded enough last year, I want to tell you that it was the right thing to do. 311 November 7, 2012 "Starting at the federal level with NCLB and funding cuts to school districts, where children don't take a certain "test" very well; and continuing with tepid education support by the State which has constructed a convoluted system whereby poor schools receive less public support than wealthy. The State has doubled down and also cut funding for youth programming and furthered the assault by instituting a property tax cap. "This PTC mimics Prop 13 in California which took CA schools from near the top in the nation to close to dead last. As a State, we have just started down that path and it doesn't bode well for future generations or local governments as advocates for the CS. "To insure local governments can't fill the void of programs designed for serving the needs of our CS, the State has pushed funding for programs like Medicaid down to the Counties. Counties have responded by cutting funding to the bare bones of all other programs, including youth services. I want to prevail upon you to consider this insidious paradigm and join with the towns, City of Ithaca, and villages to do what we must for our children. "The item in question is the $48,000 over -target request from the Tompkins County Youth Services Department. While the $48 over -target request makes a small difference in the 2013 tax levy, it makes a tremendous difference in the ability of this Depth talent to continue its mission and for the municipalities to provide youth programming, and foremost, makes a big difference in the lives to Tompkins County youth at a time, when opportunities for youth to learn life skills to be productive members of society is shrinking. "An unfortunate outcome of the federal NCLB and New York State rating of schools and teachers is the focus on test scores and not life skills. Combined with the PTC means school districts ability to meet the needs of children is being constricted. "The County Youth Services Department in conjunction with other local governments is in a position to stem this tide. If we are not to join the race to the bottom, if we are the community that raises a child, then we should be considering more, not less, funding for youth development and as legislators taking a more active role in helping this department be successful in filling a growing need for public support of our youth. "How can youth programs survive in this shrinking role of government morass we find around us? I share your concern. We must demand that more coordination take place and current as well as future needs assessed to help our youth become well rounded adults that contribute a meaningful, productive role in our society. The Caroline Town Board has asked our youth commission to work with all of the other youth program providers like 4-H, public schools, scouts, and others to define a vision and an action plan for youth development and collaborative youth programming "For generations that survived when faced with starvation, adults have chosen to feed their young before themselves. What will be our legacy?" Mr. Barber also updated the Legislature on other topics. He spoke about the property tax at the town level and said it is time to begin to help people to understand that issue. The Health Consortium now has over $1 million in the fund balance. There now needs to be an effort to look at ways to reduce the number of claims and the Consortium is working with Cornell University and Ithaca College. Chair's Report, and Chair's Appointments Ms. Robertson appointed Derek Burrows as a Business representative to the Workforce Investment Board for a term expiring June 30, 2014. 312 November 7, 2012 Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Frank Proto, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera Resolution 2012-216: Authorization to Execute Design Services Supplemental Agreement — Fisher Associates — Hanshaw Road Reconstruction Project, PIN 3753.25, Town of Ithaca (DOC ID: 3768) WHEREAS, Resolution No. 209 of 2004 authorized a contract with Fisher Associates, P.E., L.S., P.C., (Fisher), of 135 Calkins Road, Rochester, N.Y., for design services in connection with the reconstruction of County Road 109, Hanshaw Road, in the Town of Ithaca and Village of Cayuga Heights, and WHEREAS, project delays, litigation, and federal funding modifications have necessitated additions to Fisher's scope of right-of-way, environmental, and detailed design services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Fisher Associates, P.E., L.S., P.C., of 135 Calkins Road, Rochester, N.Y., for design and right-of-way services in connection with the referenced project for an amount not to exceed $22,000, funds to be provided from account HZ5103.59239.53.10 (Hanshaw Road Capital Account). SEQR ACTION: Unlisted, Negative Declaration issued (No further action required) * * * * * * * * * * Resolution 2012-217: Budget Adjustment to Transfer State Emergency Management Office (SEMO) and Federal Emergency Management Agency (FEMA) Reimbursement Funds from September 2011 Flooding — Highway Division (DOC ID: 3762) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, as a result of work done to deal with September 2011 flood damages, Tompkins County Highway Division has received $146,226.21 in reimbursement, $36,556.65 from the State Emergency Management Office (SEMO) and $109,669.66 from the Federal Emergency Management Agency (FEMA), and WHEREAS, the Highway Division has already paid from its Professional Services Account $13,626.69 due to Tompkins County Soil and Water Conservation District for its share of the work, and advanced $132,599.52 from the Highway Materials Account, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the 313 November 7, 2012 Director of Finance be directed to make the following adjustments on his books: REVENUE D5110.44960 Revenue $146,226.21 APPROPRIATION D5110.54442 Professional Services $ 13,626.69 D5110.54312 Highway Materials $132,599.52 SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2012-218: Returned Village Taxes (DOC ID: 3678) 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 2013 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 2012-219: Returned School Taxes (DOC ID: 3679) 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 2013 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 2012 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 2012-220: Adoption of Apportionment of Taxes for 2013 (DOC ID: 3680) 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 2012 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 314 November 7, 2012 highway tax levies for the year 2013, RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2013 be apportioned among, assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-221: Authorization to Enter into a Contract with Johnson Controls, Inc., for Energy Performance Contract - Energy Improvements for Public Safety Building (DOC ID: 3714) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] James Dennis, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne Carol Chock, Kathy Luz Herrera WHEREAS, by Resolution No. 267 on December 16, 2008, the Tompkins County Legislature adopted the Energy and Greenhouse Gas Emissions element of the Tompkins County Comprehensive Plan calling for an 80% reduction in Greenhouse Gas Emissions by 2050 including a policy 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, by Resolution No. 145 on September 7, 2010, the Legislature endorsed the 2020 Energy Strategy that calls for County Government facilities to reduce Greenhouse Gas Emissions by at least 97 metric tons of CO2 from 2008 levels by 2020, and WHEREAS, in the American Recovery and Reinvestment Act of 2009 Tompkins County was allocated $1,050,000 in zero interest Qualified Energy Conservation Bond (QECB) authority, and WHEREAS, the New York State Association of Counties is coordinating joint issuance of Qualified Energy Conservation Bonds by multiple counties in New York State, and WHEREAS, the Tompkins County Facilities Division has identified the need for deferred maintenance and energy efficiency improvements at the Public Safety Building, and WHEREAS, the County has worked with Johnson Controls, Inc., of Syracuse, NY, during the summer of 2012 to perform an assessment of needed maintenance and energy efficiency improvements that qualify for QECB bonding, and WHEREAS, those improvements consist of roof, boiler, heat pump, and window replacement, and exterior lighting retrofit that are estimated to result in an annual reduction of 39.5 metric tons of CO2e and annual savings of nearly $15,000 in energy costs, and WHEREAS, the cost of those improvements pursuant to an Energy Performance Contract with Johnson Controls is estimated at $1,313,734, now therefore be it 315 November 7, 2012 RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget, Capital, and Personnel Committees, That the scope of work and services as reflected in the proposed Energy Performance Contract is hereby accepted, RESOLVED, further, That the Tompkins County Administrator or his designee is authorized to execute a contract between Johnson Controls, Inc., and Tompkins County in an amount not to exceed $1,350,000 to perform the services identified in an Energy Performance Contract agreement, RESOLVED, further, That the 2012-2016 five-year capital program is hereby amended to include this project, RESOLVED, further, That the Energy Performance Contract will be financed through the Qualified Energy Performance Bond to be approved by separate resolution of the Legislature. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-222: A Bond Resolution Authorizing the Issuance of Up to $1,400,000 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 Public Safety Building (DOC ID: 3750) A roll call vote resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Kathy Luz Herrera 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 undertaking a capital improvement project (the "Project") consisting of certain energy performance improvements involving renovations, reconstruction, and additions to the Tompkins County Public Safety Building located at 779 Warren Road in Ithaca, New York, 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) determines that: Section 1. The Project constitutes a Type II Action pursuant to Part 617.5(c)(2) of the 316 November 7, 2012 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 $1,400,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 3. The maximum estimated cost of the aforesaid class of objects or purposes is $1,400,000 and that the plan for the financing thereof is by the issuance of up to $1,400,000 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. The period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years under subdivision 12(a)(1) of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 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 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. In accordance with Section 57.00 of the Local Finance Law, such bonds may be sold at private sale to the State of New York Municipal Bond Bank Agency for purchase prices to be determined by the County Director of Finance. The County Director of Finance is hereby further authorized to execute and deliver all additional certificates, instruments and documents and to do all other acts as may be necessary, or in the opinion of the County Director of Finance, desirable or proper to effectuate the purposes of this Bond Resolution. Section 9. All other matters, except as provided herein relating to such bonds including 317 November 7, 2012 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. 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 II -20 ********** Resolution 2012-223: Request for Authorization to Extend the Additional One Percent Sales Tax Rate in Tompkins County (DOC ID: 3747) 318 November 7, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] James Dennis, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Frank Proto Carol Chock, Kathy Luz Herrera WHEREAS, this Legislature in 1991, 1992, 1994, 1996, 1998, 2001, 2003, 2005, 2007, 2009, and 2011 requested and received authorization from the State of New York to enact an additional one percent local sales tax in Tompkins County in addition to the three percent authorization that all New York State Counties possess by law, and WHEREAS, the current authorization received in 2011 expires November 30, 2013, and WHEREAS, this Legislature has been requested by the offices of Assemblyperson Lifton and Senator O'Mara to forward any request for an extension of this authority when legislation can be timely prepared and submitted at the beginning of a session of the State legislature, and WHEREAS, the expiration of the additional one percent local sales tax would necessitate, (1) $10,348,000 in reductions in County expenditures, creating a major impact on the availability of services, or a 24 percent increase in County property tax rates, or some combination thereof, as well as (2) substantial spending reductions or tax increases for the City, towns, and villages of Tompkins County, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That this Legislature requests that Assemblyperson Lifton, Senator Seward, Senator Nozzolio, and Senator O'Mara sponsor and support legislation extending the authority of the Tompkins County Legislature to extend the additional one percent local sales tax in Tompkins County beyond November 30, 2013, based on the same terms and conditions included in previous legislation, to provide local property -tax relief. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-224: Resolution of the Legislature of the County of Tompkins, Providing Exemptions from Sales and Compensating Use Taxes for Receipts from Sales Of, and Consideration Given or Contracted to be Given For, or for the Use Of, Commercial Solar Energy Systems Equipment and Installation Services Exempt from State Sales and Compensating Use Taxes Pursuant to Subdivision (HH) of Section 1115 of the New York Tax Law, Pursuant to the Authority of Article 29 of the Tax Law of the State of New York (DOC ID: 3778) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera Be it enacted by the Legislature of the County of Tompkins, as follows: 319 November 7, 2012 SECTION 1. Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision (i) to read as follows: (i) Receipts from sales of and consideration given or contracted to be given for, or the use of, commercial solar energy systems equipment and installation services exempt from state sales and compensating use taxes pursuant to subdivision (hh) of section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. SECTION 2. This resolution shall take effect March 1, 2013, and shall apply to sales made, services rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in sections 1106 and 1217 of the New York Tax Law. SEQR ACTION: TYPE 1I-20 * * * * * * * * * * Public Safety Committee Resolution 2012-225: Appropriation from Contingent Fund - Replacement Pay - Department of Probation and Community Justice (DOC ID: 3682) A short roll call vote resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Kathy Luz Herrera WHEREAS, the Department of Probation and Community Justice had a Probation Officer out on disability for greater than two months, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay to be given to the department for the period beyond the initial two months 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 to make the following adjustment to his books for 2012: FROM: A1990.54400 Contingent Fund $18,442 TO: A3142.51000631 Probation Officer Trainee $11,952 A3142.58800 Fringes 6,490 SEQR ACTION: TYPE II -20 ********** Resolution 2012-226: Appropriation from Contingent Fund for Terminal Pay - District Attorney (DOC ID: 3668) A short roll call vote resulted as follows: 320 November 7, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Brian Robison, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Kathy Luz Herrera WHEREAS, the District Attorney had one Assistant District Attorney (Linda Gafford) terminate employment effective June 8, 2012, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to a 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 appropriations: FROM: A1990-54440 Contingent Fund $18,577.17 TO: 1165.51000228 Comp Time $ 71.36 1165.51000228 Personal Time $ 1,246.99 1165.51000228 Vacation $17,258.82 TOTAL $18,577.17 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-227: Appropriation from Highway Fund Balance — Purchase Bailey Bridge (Temporary Bridge Structure) (DOC ID: 3760) A short roll call vote resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Dooley Kiefer, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Kathy Luz Herrera WHEREAS, the Highway Division has located a 90' span, 2007 Bailey Bridge (temporary bridge structure) from Tioga Construction, and WHEREAS, this structure has the ability to be used as a temporary bridge at various locations in Tompkins County when a bridge is closed for repair or replacement, and WHEREAS, use of this structure will reduce detours when bridges are closed for repair or replacement, and WHEREAS, the Highway Division has funding available in the Highway Fund Balance from previous years' rollover to use for this purchase, now therefore be it 321 November 7, 2012 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 appropriation: FROM: Account No. DFUND Fund Balance $55,000 TO: Account No. D5111.54312 Highway Materials $55,000 SEQR ACTION: TYPE I1-20 ********** Government Operations Committee Resolution 2012-228: Approving Revisions to Administrative Policy 01-28 - County -Owned Vehicles of the Tompkins County Government (DOC ID: 3651) Motion To: Amend Section A. Use, paragraph 3., to add "...option of (1) renting..." and "or (2) having an employee use his or her own car and request mileage reimbursement" Motion To: Call the Question RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 4] Peter Stein, Member Michael Lane, Member Burbank, Dennis, Lane, Mackesey, McKenna, Pryor, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne, Frank Proto, Martha Robertson Carol Chock, Kathy Luz Herrera The Question was Called. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [4 TO 9] Dooley Kiefer, Member Frank Proto, Member James Dennis, Dooley Kiefer, Leslyn McBean-Clairborne, Frank Proto Burbank, Lane, Mackesey, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera Motion To: Refer this back to Committee; MOVED by Mr. Burbank, seconded by Mr. McKenna RESULT: WITHDRAWN Motion To: Amend Section A. Use, paragraph 3., to change the word "should" to "could" 322 November 7, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] Frank Proto, Member Dooley Kiefer, Member Burbank, Dennis, Kiefer, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Michael Lane, Pamela Mackesey, Peter Stein Carol Chock, Kathy Luz Herrera The following vote resulted as follows on the resolution: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] Dooley Kiefer, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Dooley Kiefer, Brian Robison Carol Chock, Kathy Luz Herrera WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, Administrative Policy 01-28 regarding the use of County -Owned Vehicles has not been updated since 2004 and required revisions to more accurately reflect procedures to reduce and minimize the risk of liability to the County, and WHEREAS, Administrative Policy 01-28 has been reviewed and processed according to the guidelines of Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government, and WHEREAS, this policy also has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the proposed revisions to Administrative Policy 01-28 regarding County -owned Vehicles are hereby adopted. SEQR ACTION: TYPE II -20 ********** Minutes of Previous Meeting October 16, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Carol Chock, Kathy Luz Herrera 323 November 7, 2012 October 30, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ACCEPTED [UNANIMOUS] Brian Robison, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera Adjournment The meeting adjourned at 7:32 p.m. 324 November 13, 2012 Public Hearing Attendance Attendee Name Title Status Arrived Will Burbank Member Present Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present 7:09 PM Leslyn McBean-Clairborne Member Absent David McKenna Member Excused Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Excused Brian Robison Member Present Nathan Shinagawa Vice Chair Present Peter Stein Member Present 7:03 PM Public Hearing speak. Public Hearing on the 2013 Tompkins County Budget and the 2013-2017 Tompkins County Capital Program Mr. Shinagawa called the public hearing to order at 7:00 p.m. and asked if anyone wished to Mr. Stein arrived at 7:03 p.m. Linda Schoffel, Rural Youth Services Coordinator, said the Rural Youth Services program is part of the municipal system through the Youth Services Department. She urged the Legislature to approve the $9,700 over -target request from the Youth Services Department for filling in the funding that would be lost from the State. There have been cuts to these programs in recent years, but it has been very difficult for the municipalities to try to recoup the loss of funds. The system really depends on program managers and longevity is an important part of this when working with youth as it provides stability. It looks like municipalities will be approving funding for staff salaries, but the one piece that is losing ground is the program money. She reiterated her request for the Legislature to approve the $9,700 over -target request. Ms. Mackesey arrived at 7:09 p.m. Suzanne Schlough, City of Ithaca, spoke about the Cornell Cooperative Extension 4-H Urban Outreach Program. This program also receives funding through the Youth Services Department. Over the last few years, there has been a loss funding and in 2012, 80% of their budget is made up of grants and donations. The program operates at West Hill Village apartments and families and kids there are really struggling, are scared, and need as much support as they can get. This program has been operating continuously for 35 years in that neighborhood, but in the last four years they have been forced to cut back. The program was cut in half one year ago and is now only there two days per week after school. The over -target request would restore one day and allow someone to be there three days per week. It is a program that provides a safe, secure place for kids to be after school in the neighborhood and community they live. There is a need for this program and it is growing every day. 325 November 13, 2012 Asher Hockett, Chair of the Youth Services Board, spoke in support of the programs mentioned earlier in the hearing. There have been drastic cuts in the programs over the years. Funding from the County can make a huge difference in children. If kids do not get the support they need at this age, they will likely have trouble in life and cost our culture a whole lot more. The programs provided by the Youth Services Department are vitally important and critical. Randy Brown, Town of Newfield, said he agrees with the comments made about the children. There is a need to figure out how to work better with the County and the schools. He spoke about the counseling that is happening by the County and the schools and believes there needs to be better coordination and connections. One of the biggest areas he sees in the school is on the buses because kids are getting worked up before getting to school. He said over the last year, Cornell Cooperative Extension has started to reach out to the Newfield School District. He said he is willing to give $10,000 to Cornell Cooperative Extension in Newfield to make anything happen and said he would like to have the County split that amount. No one else from the public wished to speak. Mr. Dennis asked Mr. Mareane to review the tax cap information. Mr. Mareane explained there is a new ruling by the State Comptroller on how to calculate the tax cap. To calculate the tax cap, the County must take items in the budget that affect the levy such as the pension, growth of the tax base, etc. and how others are applying sales tax money that is received through the sales tax sharing formula, specifically, the towns that apply their sales tax as a credit against the County's levy. Before the new ruling, the County's tax cap would have been 3.15%. With the new approach, the tax cap is 3.75%. Right now the proposed tax levy is 3.77% which is very close to the tax cap. Mr. Mareane said these same factors could work against the County next year and possibly lower the tax cap. Mr. Dennis asked Legislators that if there are any known amendments for the proposed budget, to get them to County Administration. Adjournment The meeting adjourned at 7:42 p.m. 326 November 20, 2012 Regular Meeting Call to Order The meeting was called 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. Attendance Attendee Name Title Status Present Arrived Excused 8:47 PM Will Burbank Member Carol Chock Member Present 6:18 PM James Dennis Member Present 6:02 PM Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present Peter Stein Member Present Presentation of Proclamation(s) Ms. Robertson presented a proclamation to Lisa Holmes, Director of the Office for the Aging, declaring November 2012 to be Home Care Month in Tompkins County. Distinguished Youth Award Mr. Proto presented the November 2012 Distinguished Youth Award to the 4H Junior Tailwaggers of Tompkins County. The 16 -member team captured Reserve Champion Honors in the Drill Team category at the New York State Fair and was recognized for their many successes in Tompkins County. They were praised as a valuable community resource, sharing their "passion of pooches" with the community, including at many community events, where they demonstrate what youth can accomplish with their dogs, and help the public learn more about their favorite canines. In the Drill Team, youth plan the routine, select and organize the music, develop costume ideas, and facilitate the practice sessions, exhibiting leadership, patience, diligence, and practice, as well as respect and support for each other. Junior Tailwaggers Drill Team members include Abigail and Lindsey Caskey, Ian Chan, Claire Conklin, Monika Conrad, Brandon and Lizzy Drake, Caleb George-Hinnant, Elisa Godoy, Brian Lampman, Melissa LoPinto, Bailey Lyons, Jacob Ragusa, Hannah Ritter, and Erin and Claira Seely. Privilege of the Floor by the Public Fay Gougakis, City of Ithaca, provided Legislators with an article from the November 19, 2012, issue of the Cornell Daily Sun concerning the dangers to pedestrians because of tinted windows in 327 November 20, 2012 vehicles. She also asked the Legislature to look into the enforcement of laws prohibiting tinted windows and cell phone usage while driving. Later in the meeting Ms. Robertson asked the Public Safety Committee to look into this. Peter Myers, Director of the Tompkins County Worker's Center, spoke concerning employers paying a living wage in Tompkins County. He said historically the Legislature has shown support as one of the first employers to become a Living Wage employer. Several months ago several workers came to the Center saying they weren't able to make a living on their minimum wage pay earned from the contractor that operates the Tompkins County Recycling and Solid Waste Center. Mr. Myers encouraged Legislators to think about what can be done differently to support those who are earning the lowest wages. He said people shouldn't be living in poverty in a society such as ours and hopes that Tompkins County can figure out a way to change that. Stanley McPherson, City of Ithaca, said he is an employee of the company referred to by Mr. Myers. He said the company is making millions of dollars. The County makes sure its workers earn a living wage but is not making sure that the outside contractors that get long-term contracts worth millions of dollars, are paying a living wage. Mr. McPherson said the County should require companies it contracts with to pay a living wage. Mr. Dennis arrived at 6:02 p.m. Milton Webb, employee of a contractor for the Tompkins County Recycling and Solid Waste Center, said there are many workers in Tompkins County who are not earning a living wage and are not able to live on the wages they earn. He urged the Legislature to require contractors to pay a living wage. Chair's Report, and Chair's Appointments Ms. Robertson asked the Public Safety Committee to look into the issue of tinted windows that was raised by Fay Gougakis earlier in the meeting. Appointment Ms. Robertson made the following appointment: Workforce Investment Board Melanie Solomon - Business representative; term expires June 30, 2013 Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Leslyn McBean-Clairborne, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Resolution 2012-229: Designation of Tourism Promotion Agency for State (DOC ID: 3772) 328 November 20, 2012 WHEREAS, the Tompkins County Planning Department in its administrative function for tourism matters is qualified to recommend the appropriate agency for official Tourism Promotion Agency (TPA) designation, and WHEREAS, Tompkins County has historically been a gateway to the Finger Lakes region of New York State and experiences significant economic benefit from tourism as a result, and WHEREAS, to obtain certain New York State funding, counties must designate a TPA, and WHEREAS, Tompkins County has a contract with the Tompkins County Chamber of Commerce for the period of January 1, 2011, through December 31, 2015, to provide destination marketing services for Tompkins County through the Ithaca Tompkins County Convention and Visitors Bureau (ITCCVB), now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Ithaca/Tompkins County Convention and Visitor's Bureau (ITCCVB) be granted the official TPA designation for Tompkins County for State Fiscal Year 2012-2013, and RESOLVED, further, That the Director of the ITCCVB report to the Planning, Development, and Environmental Quality Committee if change occurs in state tourism funding requirements. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-230: Acceptance of State Grant Funds for Update of Tompkins County Agriculture and Farmland Protection Plan (DOC ID: 3788) WHEREAS, it is in the interest of Tompkins County and its residents to support farm operations and protect valuable agricultural resources for their contribution to the local economy, as a local source of food and other products, and as an important contributor to the quality of life in rural communities, and WHEREAS, the Tompkins County Agriculture and Farmland Protection Plan (1996) was developed to protect these valuable agricultural resources, and WHEREAS, agricultural data, planning initiatives, municipal priorities and development have changed since 1996, and WHEREAS, Tompkins County has been awarded a New York State Agricultural and Farmland Protection grant of $27,650 for the update of its Agriculture and Farmland Protection Plan, and WHEREAS, the Tompkins County Agriculture and Farmland Protection Board endorsed the application to the New York State Department of Agriculture and Markets for grant funding for this plan update, and WHEREAS, Cornell Cooperative Extension of Tompkins County's (CCETC) mission includes protection of working farms in Tompkins County, and CCETC has agreed to take responsibility for implementation of a portion of this grant on behalf of Tompkins County, and WHEREAS, under State Environmental Quality Review (SEQR) the update of the plan is considered a Type II action and not subject to further review, 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 enter into agreements with the State of New York for the Agriculture and Farmland Protection Grant for the update of the Tompkins 329 November 20, 2012 County Agricultural and Farmland Protection Plan, RESOLVED, further, That the County Administrator or his designee is authorized to enter into an agreement with CCETC for implementation of this project. SEQR ACTION: TYPE II - 21 * * * * * * * * * * Resolution 2012-231: Budget Adjustment - 6777 -CSE (Community Services for the Elderly) Program Increase - Office for the Aging (DOC ID: 3785) 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 Amount Appropriation Acct Title 6777.43803 State Revenue $2,668 6777.54491 Subcontracts 6777.43803 State Revenue $4,045 6777.51000559 Salary 6777.43803 State Revenue $2,196 6777.55880 Fringes SEQR ACTION: TYPE I1-20 * ********* Resolution 2012-232: Budget Adjustment - HEAP (Home Energy Assistance Program) Early Outreach - Office for the Aging (DOC ID: 3789) 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 Amount Appropriation Acct Title 6778.41972 Chgs--Programs for Aging $7,311 6787.51000 Salary 6778.41972 Chgs--Programs for Aging $3,970 6787.58800 Fringes SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-233: Budget Adjustment - EISEP (Expanded In -Home Services for the Elder Program) Increase - Office for the Aging (DOC ID: 3790) 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 330 November 20, 2012 Revenue Acct Title Amount Appropriation Acct Title 6780-43803 State Revenue $22,192 6780-54491 Subcontract SEQR ACTION: TYPE I1-20 ********** Resolution 2012-234: Authorizing Acceptance of a New York State Grant for Various Projects — Ithaca Tompkins Regional Airport (Project Identification Numbers (PIN) 3902.26/.27/.28/.29/.30) (DOC ID: 3751) WHEREAS, the County has received a combined grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $161,944, being a total of the customary five percent (5%) matching grants for federal Airport Improvement Program (AIP) grants of ninety percent (90%), and WHEREAS, the projects and NYSDOT matching grants are as follows: Project Identification Number Project Grant Amount PIN 3902.26 Terminal Apron Rehabilitation and Runway 14/32 Centerline Joint Repair $90,200 PIN 3902.27 Expand Aircraft Rescue and Fire Fighting (ARFF) Building for ARFF Operations Center $32,250 PIN 3902.28 Perform Terminal Expansion Feasibility Study $8,400 PIN 3902.29 Prepare Airport Pavement Management System (APMS) $4,500 PIN 3902.30 Acquire Snow Removal Equipment (Snow Plow) $26,594 , and WHEREAS, the five projects have received the Legislature's approval in 2012 under resolution numbers 2012-146, 2012-147, 2012-115, 2012-99, and 2012-178, respectively, and WHEREAS, the ninety percent (90%) federal grants have already been received and approved in 2012 under resolution numbers 2012-172, 2012-148, 2012-175, 2012-171, and 2012-169, respectively, and WHEREAS, the remaining five percent (5%) for each project has been set aside in the airport's annual operating budget, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%), to a maximum of $186,236 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT Grant in the amount of $161,944 be and is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 11-2 * * * * * * * * * * Resolution 2012-235: Budget Adjustment - Unanticipated Sale of Scrap and Insurance Recovery Revenues — Highway Division (DOC ID: 3761) 331 November 20, 2012 WHEREAS, the Highway Division received revenues from the sale of scrap and insurance recoveries above the anticipated 2012 budgeted amounts, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance is hereby authorized and directed to make the following budget adjustment for 2012: FROM: D5110.42650 Sale of Scrap $10,300.00 D5110.42680 Insurance Recoveries $ 500.00 TO: D5110.54312 Highway Materials $10,800.00 SEQR ACTION: TYPE 11-20 Explanation: The Highway Division received higher than anticipated revenues from the sale of scrap and insurance recoveries (reimbursements for damages to guiderail, etc., caused by motor vehicle accidents) in 2012, and the Highway Division is seeking approval for the money to be transferred to the highway materials budget. * * * * * * * * * * Resolution 2012-236: Authorization to Execute Design Services Supplemental Agreement — Fisher Associates — CR 110, Ellis Hollow Road Phase Two Reconstruction, Town of Dryden (DOC ID: 3767) WHEREAS, Resolution No. 249 of 2001 authorized a contract with Fisher Associates, P.E., L.S., P.C., (Fisher), of 135 Calkins Road, Rochester, N.Y., for design services in connection with the reconstruction of County Road 110, Ellis Hollow Road, between Game Farm Road and Thomas Road in the Town of Dryden, and WHEREAS, the original project was deferred several years and the project area split into two sections, the first having been reconstructed between 2010 and 2011, and WHEREAS, the County Highway Director has recommended completion of design for reconstruction of the remaining section, between Game Farm Road and approximately 1000 feet west of Genung Road, "Phase 2," and funding for design is included in the Capital Program budget, 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, N.Y., for design services in connection with Phase 2 of the referenced project for an amount not to exceed $137,000, funds to be provided from account HZ5325.59239.53.25 (Ellis Hollow Road Capital Account). SEQR ACTION: TYPE II - 20 * * * * * * * * * * Appointments Approved Under the Consent Agenda 332 November 20, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Leslyn McBean-Clairborne, Member Brian Robison, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Library Board of Trustees - terms expire December 31, 2014 Tracy Mitrano Kristine Altucher Environmental Management Council Steven P. Bissen - Town of Dryden representative; term expires December 31, 2013 Facilities and Infrastructure Committee Resolution 2012-237: Establishing a Unit Charge for the 2013 Solid Waste Annual Fee (DOC ID: 3758) RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the unit charge for the 2013 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 2013 Solid Waste Annual Fee be established at $56.00 per billing unit, which is the same as the 2012 Solid Waste Annual Fee. ATTACHMENT A: SCHEDULE OF RATES PROPERTY CLASS 'USED AS' CODE (A) Single family residences Mobile Homes Churches 210,240,241,242,250,280 270,271,416 Unit Charge: One billing unit per Church or living unit Z32 (B) Two-family residences All 220's 333 November 20, 2012 and other residences with two living units 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 3 or more units Apartments Rooming houses: 418 2.5 beds = 1 billing unit Unit Charges: One billing unit per living unit 230's A01 - A07 (D) Colleges & Schools: Unit Charges: All tax-exempt parcels owned by the colleges BOCES Cornell University Dryden Central Schools Ithaca College Tompkins Cortland Community College Total Colleges: $ 23,161 $161,570 $ 3,158 $ 32,091 $ 3,310 $223,290 (E) Recreation and Warehouse (except row storage) Unit Charges: $0.0208/sq.ft. All K's, Z01 -Z11, Z19 -Z26, F01 - F04, F06, F07,F08 F10, Fil (F) Wholly Exempt Homes for the Aged Wholly Exempt Other HealthCare 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 F05 Z98 334 November 20, 2012 Local government - all tax-exempt parcels owned by the city, towns, villages, and county within Tompkins County. SEQR ACTION: TYPE II -15 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2012-238: Adoption of 2013 Tompkins County Budget and 2013-2017 Tompkins County Capital Program (DOC ID: 3815) Motion To: Remove funding for a Sustainability Planner position in the Planning Department in the amount of $25,567 Motion To: Amend the Amendment to keep money in the Planning Department and use to restore the hours of staff for sustainability work effective January 1, 2013 Motion To: Call the Question RESULT: DEFEATED [5 TO 9] MOVER: Michael Lane, Member SECONDER: Frank Proto, Member AYES: Dennis, Lane, McKenna, Proto, Robison NAYS: Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Pryor, Robertson, Shinagawa, Stein EXCUSED: Kathy Luz Herrera A vote on the amendment to the amendment took place at this time and was followed immediately by a vote on the amendment. Vote on amendment to the amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [6 TO 8] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Kiefer, Mackesey, Robertson, Shinagawa Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Stein Kathy Luz Herrera Vote on original amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [8 TO 6] James Dennis, Member Leslyn McBean-Clairborne, Member Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Stein Burbank, Chock, Kiefer, Mackesey, Robertson, Shinagawa Kathy Luz Herrera 335 Motion To: Motion To: Recess November 20, 2012 Change $170,000 one-time funds to $70,000 target funding and $100,000 as one-time funding for Tompkins County Area Development Call the Question RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 2] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Pamela Mackesey Kathy Luz Herrera Vote on amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [4 TO 10] Michael Lane, Member Dooley Kiefer, Member Carol Chock, Dooley Kiefer, Michael Lane, Frank Proto Burbank, Dennis, Mackesey, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera * * * * * * * * * * Ms. Robertson declared recess from 7:47 p.m. The meeting reconvened at 8:01 p.m. Motion To: Approve $39,700 in Target funding to support youth services Motion To: Amend the Amendment and reduce the amount from $39,700 to $9,700. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 11] Peter Stein, Member Pat Pryor, Member Michael Lane, Pat Pryor, Peter Stein Burbank, Chock, Dennis, Kiefer, Mackesey, McBean- Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Kathy Luz Herrera Motion To: Amend the Amendment to $20,000 to the Youth Services Department budget with the Department to determine its use; motion made by Mrs. McBean-Clairborne RESULT: NO 2ND, MOTION FAILED 336 November 20, 2012 Vote on original amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [7 TO 7] Frank Proto, Member Dooley Kiefer, Member Burbank, Chock, Kiefer, Mackesey, McKenna, Proto, Robertson Dennis, Lane, McBean-Clairborne, Pryor, Robison, Shinagawa, Stein Kathy Luz Herrera Motion To: * * * * * * * * * * Approve $30,000 in Target Funding to the Youth Services Department RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] Pamela Mackesey, Member Frank Proto, Member Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa James Dennis, Michael Lane, Brian Robison, Peter Stein Kathy Luz Herrera Motion To: Motion To: * * * * * * * * * * Approve one-time funding to Soil and Water Conservation District for hydrilla eradication in the amount of $40,000 Amend the amendment and reduce the amount to $15,000 in one-time funds Vote on amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Pamela Mackesey, Member Frank Proto, Member Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Stein James Dennis, Brian Robison, Nathan Shinagawa Kathy Luz Herrera Vote on amendment as amended: 337 November 20, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED 18 TO 6] Frank Proto, Member Pat Pryor, Member Burbank, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Stein Chock, Dennis, Kiefer, McBean-Clairborne, Robison, Shinagawa Kathy Luz Herrera * * * * * * * * * * Motion To: Approve target funding in the amount of $41,728 for one Cleaner position in the Facilities Division RESULT: DEFEATED [6 TO 8] MOVER: Dooley Kiefer, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Pryor NAYS: Dennis, Lane, McKenna, Proto, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera * * * * * * * * * * Motion To: Amend the amendment and approve target funding in the amount of $25,000 for one half-time Cleaner position in the Facilities Division RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Carol Chock, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Kiefer, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Shinagawa, Stein Michael Lane, Frank Proto, Brian Robison Kathy Luz Herrera * * * * * * * * * * Motion To: Approve $23,000 for the Planning Department to apply towards sustainability planning 338 November 20, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [5 TO 9] Dooley Kiefer, Member Will Burbank, Member Burbank, Chock, Kiefer, Mackesey, Robertson Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Kathy Luz Herrera Motion To: * * * * * * * * * * Approve target funding in the Capital Program in the amount of $84,000 to remove future year deficits; motion made by Ms. Kiefer RESULT: NO 2ND, MOTION FAILED Motion To: Motion To: * * * * * * * * * * Approve the use of 565,000 from the Fund Balance to get to the Property Tax Cap Call the Question RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] Peter Stein, Member Frank Proto, Member Burbank, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer, Pamela Mackesey, Martha Robertson Kathy Luz Herrera Vote on amendment: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 5] James Dennis, Member Leslyn McBean-Clairborne, Member Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Burbank, Chock, Kiefer, Mackesey, Stein Kathy Luz Herrera Motion To: * ********* Approve target funding in the amount of 515,000 to be used towards sustainability efforts in the Planning Department 339 November 20, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [6 TO 8] Carol Chock, Member Will Burbank, Member Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, Robertson Dennis, Lane, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Kathy Luz Herrera Motion To: * * * * * * * * * * To apply $80,000 from the Fund Balance to bring the budget to a 3.5% Property Tax Levy increase as set by the Legislature's guideline RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 11] Dooley Kiefer, Member Will Burbank, Member Will Burbank, Dooley Kiefer, Leslyn McBean-Clairborne Chock, Dennis, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera * * * * * * * * * * Motion To: Call the Question on the 2013 Budget RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Michael Lane, Member Brian Robison, Member Burbank, Chock, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Pamela Mackesey, Leslyn McBean-Clairborne Kathy Luz Herrera * * * * * * * * * * A roll call vote on the resolution to approve the budget resulted as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Michael Lane, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, the tentative Budget for the year 2013 and the proposed 2013-2017 Capital Program have been presented to the Legislature by the Budget Officer on September 4, 2012, and a revised 340 November 20, 2012 tentative budget for the year 2013 and the proposed 2013 - 2017 Capital Program were adopted by the Legislature for public review on October 30th, and a public hearing was held on November 13, 2012, 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 2013, 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, 2013, RESOLVED, further, That the sum of $43,778,193 required to meet the local share of expenses and costs of county government in Tompkins County for the fiscal year 2013 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 3.69 percent and a county -wide average tax -rate increase of 1.87 percent and an increase of 3.61 percent in local spending, RESOLVED, further, That this tax change will result in a $19.95 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 2013-2017. SEQR ACTION: TYPE I1-21 * * * * * * * * * * Ms. Chock was excused at this time. Government Operations Committee Resolution 2012-239: Approving Revisions of the Tompkins County Government Administrative Policy Manual — Policy 04-06: Compensation Plans and Employee Salaries (DOC ID: 3654) Mr. Proto asked if the changes in this policy transcend the report on compensatory time. Ms. Kiefer said she submitted a revised resolution to staff that did not go through Committee. She did this because when she advertised the Government Operations Committee meeting she said there would be a resolution addressing compensation plans and salaries and assumed it had to do with the study that was recently done which she found out later that was not the case. This policy implements the distinction between Management and Confidential employees that was made in 2007 by resolution. She said she would offer a substitute resolution to clarify this. Mr. Proto requested these comments be included in the minutes. Motion To: Approve revisions to clarify the distinction between Management and Confidential employees 341 November 20, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member James Dennis, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Vote on resolution as amended: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, the Policy 04-06 Compensation Plans and Employee Salaries requires revision to more accurately reflect the distinction between Management and Confidential employees adopted in 2007 by Resolution No. 77, and WHEREAS, this administrative policy has been reviewed and processed according to the guidelines of Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel and the Government Operations Committees, That the following revised Administrative Policy is hereby adopted: 04-06 Compensation Plans and Employee Salaries. SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-240: Authorizing Federal Transit Administration (FTA) Section 5309 State of Good Repair Grant for the City of Ithaca - Ithaca Transportation Hub/Accelerating Community Access (Ithaca) Project (DOC ID: 3787) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5309 of Chapter 53, Title 49, of the 342 November 20, 2012 United States Code, 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 , and WHEREAS, the federal fund source for FTA grant is: Section 5309 State of Good Repair Program $4,500,000 WHEREAS, the FTA conducted a national solicitation for Section 5309 State of Good Repair projects, and WHEREAS, Tompkins County applied for two grants on behalf of the City of Ithaca and Tompkins Consolidated Area Transit, Inc., for the City's Ithaca Transportation Hub/Accelerating Community Access project: one to reconstruct the Ithaca Commons, and one to construct new public transit facilities, a real-time passenger information, traffic signal prioritization and purchase two transit buses to enable enhanced bus service along East Hill corridors to Cornell University, and WHEREAS, the FTA awarded a $4,500,000 Section 5309 program grant to Tompkins County as published in the Federal Register, Vol 77, No. 157, August 14, 2012, pp 48592 and 48597 for said reconstruction of the Ithaca Commons project, and WHEREAS, the Ithaca -Tompkins County Transportation Council Policy Committee approved an amendment to add the ITHACA Project to the Transportation Improvement Program (TIP), on October 9, 2012, as follows: FTA Section 5309 - State of Good Repair Grant Subrecipient Description Federal City/State Total Match City of Ithaca PIN 382409 Ithaca Transportation $ 4,500,000 $ 1,125,000 $ 5,625,000 Hub -Accelerating Community Access (ITHACA) Transit Enhancement Project (Project ID D2012-BUSP-155) WHEREAS, City, County, and TCAT staff regularly meet to align the project scope to FTA, City, and New York State funding, to plan how the project implementation will be managed, to prepare documents to comply with FTA regulations, and to prepare agreements between the City, County, and TCAT necessary to advance the project and to reconcile the project scope to grant funds which are awarded, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Administrator, or his designee, to execute and file an application on behalf of the County of Tompkins with the United States Department of Transportation for the Section 5309 State of Good Repair Grant for the City of Ithaca ITHACA Project totaling $5,625,000, after applicable agreements, plans, studies, schedule, budget, and other documents required for the grant are agreed to by the City of Ithaca, Tompkins Consolidated Area Transit, Inc. and Tompkins County, RESOLVED, further, That the County Administrator, or his designee, is authorized to sign: 343 November 20, 2012 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 New York State Department of Transportation for the Project. 3. Any and all agreements between Tompkins County and all subrecipients necessary to complete the project, if applicable. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-241: Authorization to Execute Agreement to Procure Electricity (DOC ID: 3681) Ms. Kiefer said she serves on the Environmental Management Council's (EMC) Energy Committee which has discussed this in depth. Since they are unable to come forward with a counter proposal, in part because they did not get information and also they wanted to be sure what they offered the County would be different from this. She said although Federal Government allows the County to buy these RECS (Renewable Energy Credits) and to claim all of our energy comes from green sources it does not mean that the County is contributing to the creation of green sources. The EMC Energy Committee would be much happier if an equal amount of money was put towards actually making sure there is some new renewable energy project underway, ideally locally. They fully support the solar panels and all the County's other projects but do not feel they include any solution. Motion To: amend the resolution to add the following language to the end of the sixth Whereas: "these RECS come from renewable energy products built after 1997, and" RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 10] Dooley Kiefer, Member Pamela Mackesey, Member Dooley Kiefer, Pamela Mackesey, Leslyn McBean-Clairborne Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera Vote on resolution: RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Will Burbank, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Carol Chock, Kathy Luz Herrera WHEREAS, in 1998, Tompkins County, in partnership with Tioga County, created the Municipal Electric and Gas Alliance (MEGA), and now, along with more than 30 New York State county governments, has collectively shopped through a public bid process for electricity and natural gas supplies, securing savings in energy costs for the operation of County -owned facilities, and WHEREAS, by resolution of one or more county governments, MEGA periodically bids the electricity and natural gas supplies so that participating municipalities, businesses and residents can obtain 344 November 20, 2012 the lowest cost, and WHEREAS, based on its most recent procurement, conducted by resolution of Genesee County, MEGA has recommended Integrys Energy Services of Buffalo, New York as the low bid supplier of electricity, and WHEREAS, through Section 408-a of the County Law, one or more such county governments have made the terms of such procurement available to all municipal units in New York State, and WHEREAS, as a consequence of MEGA's most recent electricity procurement, Nationwide Renewable Energy Credits are available through MEGA's supplier, Integrys, at favorable pricing, and WHEREAS, Renewable Energy Credits (RECs) are a tradable commodity that is created when harnessing energy from the wind, sun, water, plants, and other renewable sources, and WHEREAS, Tompkins County wishes to purchase RECs to supply County structures with electricity so that 100% of the county's consumption can be attributed to carbon -free energy production, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign an agreement and related documents with Integrys Energy Services, including RECs to offset 100% of the County's electricity use for the period of November 1, 2012, through December 31, 2013, with the option to renew for one additional year, RESOLVED, further, That the County Administrator or his designee is authorized to sign an agreement for the same period for the purpose of receiving Green -e certification on the electricity procurement. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-242: Approving the Issuance by the Tompkins County Development Corporation of Up to $45,000,000 Aggregate Principal Amount Tax -Exempt Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2012 (DOC ID: 3775) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Michael Lane, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera 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 Tompkins Cortland Community College Foundation, 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 (Tompkins Cortland Community College Foundation, Inc. Project), Series 2012, in an aggregate principal amount not to exceed $45,000,000 (the "Bonds"), and 345 November 20, 2012 WHEREAS, the project (the "Project") shall consist of: (A) the financing or refinancing of certain improvements located on the main campus of Tompkins Cortland Community College (the "College"), situated at 170 North Street, in the Town of Dryden, New York (the "Campus"), including (i) the acquisition, construction, and equipping of an approximately 11,000 square -foot addition (the "Series 2012 Addition") to be used to connect two (2) existing residence hall buildings, known as Tompkins Hall and Cortland Hall, containing in the aggregate approximately 291,000 square feet, located at 32 and 36 Far View Drive, Dryden, New York (the "Series 2012 Existing Improvements") to accommodate elevator service, community room space, laundry facilities, life safety feature upgrades, new exits, and fire alarm, sprinkler system and heating control upgrades (the "Series 2012 Improvements"); and (ii) the acquisition of and installation in and around the Series 2012 Improvements of certain machinery, equipment and other items of tangible personal property (the "Series 2012 Equipment", and together with the Series 2012 Addition, the Series 2012 Improvements and the Series 2012 Existing Improvements, the "Series 2012 Facility"); (B) the refinancing of all or a portion of the following series of bonds issued by the Tompkins County Industrial Development Agency: (i) $4,240,000 Variable Rate Demand Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2001A (the "Series 2001A Bonds"), (ii) $4,800,000 Variable Rate Demand Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2003 (the "Series 2003 Bonds"), (iii) $6,925,000 Variable Rate Demand Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2006 (the "Series 2006 Bonds"), and (iv) $18,925,000 Variable Rate Demand Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2008 (the "Series 2008 Bonds"); (C) the funding of a Debt Service Reserve Fund as security for the Bonds; 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 November 7, 2012, the Issuer held such 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, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on November 7, 2012, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(0(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, That the Legislature hereby gives its approval of the issuance by the 346 November 20, 2012 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(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code, 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 II -20 * * * * * * * * * * Minutes of Previous Meeting - November 6, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Peter Stein, Member Pat Pryor, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Kathy Luz Herrera Adjournment On motion, the meeting adjourned at 10:28 p.m. 347 December 4, 2012 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 Attendee Name Title Status Arrived Will Burbank Member Present Carol Chock Member Excused James Dennis Member Present _ 5:55 PM Kath Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Excused Peter Stein Member Present Presentation of Proclamations Ms. Robertson presented the following proclamations: Lifelong Day in Tompkins County to Diane Dawson of Lifelong Dr. Rob Mackenzie Day in Tompkins County Reading by the Poet Laureate Brett Bossard, Executive Director, Community Arts partnership, distributed copies of a recent study entitled "The Economic Impact of Nonprofit Arts and Culture Organization and Their Audiences in Tompkins County". He said Ms. Hoist Warhaft has been one of the most engaged Poet Laureate's the County has had and has worked tirelessly with students and immigrants and many others in the community. He also reported nominations for the next Poet Laureate are now being accepted and said he has asked members of Legislature as well as past Poet Laureate to be part of the selection panel to review nominations. Gail Hoist Warhaft, Poet Laureate for the last two years, said it has been a great pleasure to be Tompkins County's Poet Laureate. She reported on two projects she has worked on, one that involved immigrants and the other involving water and relating poetry and art to water. She said the first poem she wrote as Poet Laureate was entitled "Far From Home" and said copies are available at Buffalo Street Books. She recited a poem entitled "A Bottle of Life" about a bottle of water and concluded with reading 348 December 4, 2012 a poem by a middle school student from South Seneca School entitled "From Where to Where". "Where will you be when they draw the last sip of water. Where will they go"? Privilege of the Floor by the Public No member of the public wished to speak. Municipal Official(s) No municipal official was in attendance. Privilege of the Floor by Legislators Mr. Dennis arrived at this time. Presentation on Highlights from the Office for the Aging's 2012 Needs Assessment Ms. Holmes, Director of the Office for the Aging, presented an overview of the Office for the Aging's 2012 Needs Assessment of Persons Age 60+. Presentation - Tompkins County 2012 Capital Plan Update Ed Marx, Commissioner of Planning and Community Sustainability, and Kevin Sutherland, Executive Assistant for County Administration, provided the Legislature with an update on the Tompkins County Capital Plan. Resolutions Added to and Withdrawn from the Agenda There were no resolutions withdrawn from the agenda. Motion To: Add the resolution to the agenda entitled Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing — Member Filed by Legislator Proto RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Will Burbank, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Carol Chock, Kathy Luz Herrera, Nathan Shinagawa Motion To: * * * * * * * * * * Add the resolution to the agenda entitled Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing - Member Filed by Legislator Kiefer 349 December 4, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [5 TO 7] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Kiefer, Mackesey, McBean-Clairborne, Robertson Dennis, Lane, McKenna, Proto, Pryor, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa * * * * * * * * * * Approval of Resolutions and Appointment(s) Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa Resolution 2012-243: Implementation of 2013 Tompkins County Budget - Memberships (DOC ID: 3842) 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 2013 budget requests and included in the 2013 budget adopted by the Tompkins County Legislature, are hereby authorized and approved. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-244: Authorizing a Multi -Year Contract with Venesky & Company for the Preparation of a Cost Allocation Plan for the Years 2013-2015 (DOC ID: 3824) WHEREAS, Federal OMB Circular A-87 requires the preparation of an annual indirect cost report in order to recover indirect cost reimbursement for certain Federally assisted programs, and WHEREAS, the firm of Venesky & Company is unique in its specialized practice in the area of Federal and State program cost reporting, and WHEREAS, over the past three years with the assistance of Venesky & Company, the Indirect Cost Reports have generated $4,073,186 in reimbursement as compared to the consultants fees totaling $38,700, and WHEREAS, the Finance Director has recommended that it would be in the best interest of the County to renew the Cost Allocation agreement with Venesky & Company because of cost and time efficiencies developed as a result of the consultant's familiarity with the County's operations, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Department of Finance is authorized to enter into a multi-year contract with Venesky & Company for the 350 December 4, 2012 preparation of annual cost reports for the years 2013-2015, at a fee of $12,900 annually. SEQR ACTION: TYPE II -20 Note: The contract renewal is at the same terms as the previous agreement and the cost is distributed as follows: DSS $8,500, Finance $3,400, Health $1,000. * * * * * * * * * * Resolution 2012-245: Authorization to Sign Drafts - County Administrator (DOC ID: 3756) WHEREAS, it is necessary, annually, to authorize a Tompkins County official to sign all Tompkins County drafts, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That during 2013 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 II -20 * ********* Resolution 2012-246: Town and City Budgets and Printing of Tax Rates (DOC ID: 3754) 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 2012 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 2012 Proceedings of the Legislature following the budgets of the several towns and City. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-247: Approving Completed Tax Rolls and Directing the Executing and Delivery of Warrants (DOC ID: 3753) 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 351 December 4, 2012 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 II -20 * * * * * * * * * * Resolution 2012-248: Date of 2013 Organizational Meeting (DOC ID: 3757) 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 Thursday, January 3, 2013, at 5:30 o'clock in the evening thereof. SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 7:28 p.m. The meeting reconvened at 7:35 p.m. Budget, Capital, and Personnel Committee Resolution 2012-249: Changes in Positions - Various Departments (DOC ID: 3835) RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Michael Lane, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the adopted 2013 Tompkins County Budget provides for new positions or for the increase or reduction in the standard work week for existing positions and/or an increase or decrease in the approved hours of existing incumbents, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the following new positions are created and the hours of the positions mentioned below are changed as follows effective January 1, 2013: CREATION OF NEW POSITIONS County Clerk 1.0 Motor Vehicle Examiner, White Collar Grade H (8), Job Code 505, created at 37.5 hours per week. Information Technology Services Department 1.0 Systems Analyst, White Collar Grade N (14), Job Code 719, created at 35 hours per week. Solid Waste 1.0 Assistant Recycling Specialist, Blue Collar Grade J (10), Job Code 867, created at 40 hours per week. INCREASE IN HOURS OF EXISTING POSITIONS 352 December 4, 2012 County Clerk 1.0 Senior Motor Vehicle Examiner, Position #382, White Collar Grade I (9), Job Code 799, increase the standard work week and the approved hours from 37.5 to 40 hours per week. Health Department 1.0 Director of Environmental Health, Position #446, Management Grade R (88), Job Code 167, increase the standard work week and the approved hours from 35 to 37.5 hours per week. Planning Departm en t 1.0 Senior Planner, Position #680, White Collar Grade N (14), Job Code 609, increase the standard work week and the approved hours from 37.5 to 40 hours per week. 1.0 Senior Planner, Position #666, White Collar Grade N (14), Job Code 609, increase the standard work week and the approved hours from 35 to 40 hours per week. 1.0 Principal Planner, Position #660, White Collar Grade 0 (15), Job Code 778, increase the standard work week and the approved hours from 37.5 to 40 hours per week. Probation Department 1.0 Transition Workforce Specialist, Position #853, White Collar Grade L (12), Job Code 783, increase the standard work week and the approved hours of this position from 35 to 40 hours per week. DECREASE IN HOURS OF EXISTING POSITIONS Human Rights Department 1.0 Paralegal Aide, Position #535, White Collar Grade J (10), Job Code 619, reduce the standard work week and approved hours of this position from 40 to 35 hours per week. Information Technology Services Department 1.0 Financial Systems Administrator, Position #392, White Collar Grade P (16), Job Code 766, reduce the standard work week and approved hours of this position from 40 to 35 hours per week. ABOLISH EXISTING POSITIONS Health Departm en t 1.0 Physical Therapist, Position #1311, White Collar Grade 0 (15), Job Code 579. 3.0 Physical Therapists Per Diem, Positions 1t'150, 526 and 467, White Collar Grade 0 (15), Job Code 236. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-250: Authorization for Finance Director to Make Year -End Transfers, Appropriations, and Budget Adjustments as Required (DOC ID: 3755) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa 353 December 4, 2012 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 2013 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 I1-20 * * * * * * * * * * Public Safety Committee Resolution 2012-251: Appropriation from Contingent Fund - Terminal Pay - Jail (DOC ID: 3783) Adopted by short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Sheriff's Office had one (1) Corrections Officer - Sergeant (Gerald Surine), Jail, retire effective October 19, 2012, 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 appropriation for 2012: FROM: A1990.54440 TO: A3150.51000411 SEQR ACTION: TYPE I1-20 Contingent Fund Corrections Officer Sgt. * * * * * * * * * * $5,545.83 $5,545,83 Resolution 2012-252: Appropriation from Contingent Fund - Terminal Pay - Jail (DOC ID: 3779) Adopted by roll call vote. 354 December 4, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Brian Robison, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the Sheriff's Office had one (1) Corrections Officer (Joe Sornberger), Jail, retire effective October 17, 2012, 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 appropriation for 2012: FROM: A1990.54440 TO: A3150.51000406 SEQR ACTION: TYPE II -20 Individual Member -Filed Resolutions Contingent Fund Chief Corrections Officer * * * * * * * * * * $6,764.00 $6,764.00 Resolution 2012-253: Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing (DOC ID: 3892) At this time there was discussion of three proposed changes to the resolution by Ms. Kiefer. The first change was accepted as friendly and inserted as the fifth Whereas. Motion To: To replace the last Whereas with the following: WHEREAS, the Tompkins County Health Department and other local health departments will be due to Open Meetings Law requirements for advance public notice of agendas and supporting materials, the 30 -day comment period essentially eliminates or severely hinders the ability for any municipal the Tompkins County Board of Health and similar regulatory or advisory organizations such as the Tompkins County Board of Health and the Tompkins County Environmental Management Council, to review the released documents and draft, approve, and issue comments, now therefore be it Motion To: Call the Question OCC "C RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [3 TO 9] Peter Stein, Member Pat Pryor, Member Michael Lane, Pat Pryor, Peter Stein Burbank, Dennis, Kiefer, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison Carol Chock, Kathy Luz Herrera, Nathan Shinagawa 355 December 4, 2012 A vote on the amendment took place at this time. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [7 TO 5] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, Robertson McKenna, Proto, Pryor, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa ********** Motion To: Reorder the second and third Whereas, with revised wording as follows: "WHEREAS, NYSDEC has also the documents released revised draft regulations and these documents consist of for public review by NYSDEC number 338 pages including the revised 6 NYCRR Parts 52, 190, 550 - 556, 560, 750.1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, NYSDEC has established a 30 -day public comment period on the revised draft regulations from December 12, 2012 through January 11, 2013, and" RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [4 TO 8] Dooley Kiefer, Member Pamela Mackesey, Member Dooley Kiefer, Michael Lane, Pamela Mackesey, Leslyn McBean-Clairborne Burbank, Dennis, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa * * * * * * * * * * Vote on resolution as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Kathy Luz Herrera, Nathan Shinagawa WHEREAS, the New York State Depail'tient of Environmental Conservation (NYSDEC) has filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health Dr. Nirav Shah time to complete his review of the draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling and High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs, and WHEREAS, NYSDEC has established a 30 -day public comment period on the revised draft regulations from December 12, 2012 through January 11, 2013, and 356 December 4, 2012 WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 NYCRR Parts 52, 190, 550 - 556, 560, 750.1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, and WHEREAS, Dr. Shah is providing a review, in consultation with outside experts, of whether NYSDEC has adequately addressed potential impacts to public health, and the release of the proposed regulations and the 30 -day comment period prohibit inclusion of the results of the independent review of potential impacts to public health in the formation of the regulations as presented for public review, and WHEREAS, many substantive comments on health issues were included among the thousands of public comments on NYSDEC's dSGEIS and it is unclear if the "outside experts" have been given sufficient time to consider these comments as part of their review, and WHEREAS, the 30 -day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays, and WHEREAS, the Tompkins County Health Department and other local health departments will be directly or indirectly affected by the proposed regulations, but due to Open Meetings Law requirements for advance public notice of agendas and supporting materials, the 30 -day comment period essentially eliminates or severely hinders the ability for the Tompkins County Board of Health and similar regulatory or advisory organizations to review the released documents and draft, approve, and issue comments, now therefore be it RESOLVED, upon advisement of the Health and Human Services Committee, That the Tompkins County Legislature urges that: 1. The NYSDEC should extend the public comment period on the revised regulations to a minimum of 90 days, and 2. The NYSDEC should also allow public comment on the results of the independent review of potential public health impacts during the same 90 -day period, and 3. No final decision whether to allow fracking in New York State should be made without full consideration of said public comment on the regulations, the health impact review, and the revised SGEIS as well. RESOLVED, further, That a certified copy of this resolution be sent to: Governor Andrew Cuomo; New York State Department of Environmental Conservation Commissioner Joe Martens, New York State Department of Health Commissioner Nirav Shah, New York State Association of Counties, New York State Association of Towns, New York State Association of State County Health Officials (NYASCHO), Tompkins County Board of Health, New York State Conference of Environmental Health Directors, Tompkins County Planning Department, Tompkins County Health Department, Tompkins County Water Resources Council, Tompkins County Environmental Management Council (EMC), Tompkins County Council of Governments (TCCOG), and the Tompkins County Soil and Water Conservation District (TCSWCD). SEQR ACTION: TYPE II ********** Adjournment On motion the meeting adjourned at 8:17 p.m. 357 December 18, 2012 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 the Allegiance to the Flag. Roll Call of Members Attendee Name Title Status Present Arrived Departed _ 9:16 PM Will Burbank Member Carol Chock Member Present James Dennis Member Present 6:21 PM Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Member Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Vice Chair Present 5:36 PM Peter Stein Member Present 5:35 PM Distinguished Youth Award Mr. McKenna presented the December 2012 Distinguished Youth Award to Eagle Scouts, Thomas Murphy and Anton Volkman Mr. Stein and Mr. Shinagawa arrived at this time As members of Boy Scout Troop 55, they were recognized for their Eagle Scout projects: Mr. Volkman for removing and replacing the flag pole near the Ellis Hollow Community Center, relocating it to a better location, and improving the site with flagstone and perennial plantings; and Mr. Murphy for developing a program to donate books on Asperger's Syndrome to schools throughout the Ithaca City School District, promoting understanding by students and teachers of kids with Asperger's Syndrome. Mr. Murphy led efforts that raised about $750 to purchase the books to donate them to all schools in the District. Privilege of the Floor by the Public Civil War Commemoration Presentation Simon St. Laurent, Member of the Tompkins County Sesquicentennial Civil War Commemoration Commission, spoke of recent events the Commission has sponsored and invited Legislators to attend future events to continue to remember Tompkins County's past. Fay Gougakis, City of Ithaca, spoke of the events in Newtown, Connecticut, and said children are 358 December 18, 2012 watching violent video games that are contributing to a lot of problems in society. She said she was invited by Mr. Stein to attend the Public Safety Committee which she was grateful for; however, she was disappointed that she did not receive a response to her comments at that meeting. She said law enforcement officials agree tinted windows and texting are safety hazards. Report from a Municipal Official(s) No Municipal Official was present. Moment of Silence Ms. Robertson asked for a moment of silence at this time and asked everyone to look at all the things that create those kinds of behaviors and events including the lack of mental health services in schools and access to firearms. It's a travesty that it took this kind of event for our Country to think about these kinds of things. Chair's Report Mr. Dennis arrived at this time. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Approval of Resolutions Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera Resolution 2012-254: 2013 Budget Adjustment - Moving Social Services COPS Contracts from 6070 to 6010 (DOC ID: 3883) WHEREAS, the Department of Social Services is mandated by New York State to use the "Automated Claiming System" (ACS) to submit virtually all of its claims for Federal and State reimbursement, and WHEREAS, recent changes to that system require that local social services districts pay for their Community Option Preventive Services (COPS) contracts through the "Administration" budgetary program, instead of the "Purchased Services for Clients" program used historically, and WHEREAS, at present the Department's 2013 Budget reflects the historical practice, and must be amended accordingly, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee and the Budget, Capital, and Personnel Committee, That the Director of Finance make the following adjustments to Social Services 2013 budget: 359 6070.54400 -$512,251 6070.41894 -$10,000 6070.43610 -$156,185 6010.54400 +$512,251 6010.41894 +$10,000 6010.43610 +$156,185 SEQR ACTION: TYPE I1-20 December 18, 2012 * * * * * * * * * * Resolution 2012-255: Budget Adjustment from Highway Fund Balance to Bridge Contracts - Virgil Creek Dam - Town of Dryden (DOC ID: 3861) WHEREAS, Resolution No. 42 of 1996 authorized Tompkins County to enter into an agreement as co-sponsors with the Town of Dryden and the Village of Dryden to operate and maintain a flood control dam on Virgil Creek, and WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) requires an updated Emergency Action Plan, Inspection and Maintenance Plan, and engineering assessment of the dam, and WHEREAS, the Town of Dryden has contracted with a professional engineer to complete the items required by NYSDEC for a cost of approximately $12,000 and has requested that this cost be shared equally among the co-sponsors, and WHEREAS, the Highway Division has funds from previous year's rollover, 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 to cover the cost of participation in engineering costs for the Virgil Creek flood control dam: From: D Fund Fund Balance $4,000.00 To: D5111.54411 Bridge Contracts $4,000.00 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-256: Budget Adjustment from Civil Engineer Funded Salary to Senior Sign Mechanic Underfunded Salary — Promotion from Sign Mechanic — Highway Division (DOC ID: 3862) WHEREAS, in the Highway Division, the Sign Mechanic, Stephen Wright, was promoted to Senior Sign Mechanic, effective January 29, 2012, and WHEREAS, the promotion caused the position to be underfunded, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance is hereby authorized and directed to make the following budget adjustment for 2012: FROM: D5110.51000842 Civil Engineer $5,000 TO: D3310.51000866 Senior Sign Mechanic $5,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-257: Authorization to Accept a Grant from the State Archives (DOC ID: 3878) 360 December 18, 2012 WHEREAS, the County Clerk's Office has been notified of a shared services grant award from the State Archives in the amount of $139,291, and WHEREAS, this State Archives shared services grant represents a project for the Tompkins County Clerk's Office to partner with the Towns of Dryden, Enfield, Groton, Ithaca, Lansing, and Newfield and their use of the Countywide Electronic Document Management System (Laserfiche), and WHEREAS, funds within this grant will be for additional Laserfiche software licensing to accommodate the additional town users, the scanning of 908,000 permanent town minutes and building permits (using Challenge Industries as the vendor), the upgrade and expansion of the County's data storage capacity, and redundancy and disaster recovery between the two County data centers, 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: APPROPRIATION: A1410.54442 Professional Services $139,291 REVENUE: A1410.43089 Other State Aid $139,291 SEQR ACTION: TYPE II -20 Resolution 2012-258: To Amend Resolution No. 231 of December 20, 2011- Determination and Certification of County Clerk's Allowance - Annual Expenses for Administering Mortgage Tax (DOC ID: 3879) 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 $226,852 per annum to $235,460 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 (unchanged), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $235,460 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 $250,460 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, 361 December 18, 2012 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 2012-259: Correction of Errors (DOC ID: 3886) 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 2013 minutes of the Legislature or in reports of any committees. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-260: Designation of Newspaper (DOC ID: 3888) and WHEREAS, the Tompkins County Legislature must annually designate an official newspaper, 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, 2013, to December 31, 2013, as follows: The Ithaca Journal, Ithaca, New York SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-261: Authorizing Federal Transit Administration Section 5311 Rural Capital Application for Tompkins Consolidated Area Transit, Inc., and Tompkins County for 2013-14 (DOC ID: 3858) WHEREAS, the New York State Department of Transportation (NYSDOT) has requested capital project proposals eligible to use federal rural transit funding be submitted by counties, cities, and Indian reservations for 2013 and 2014, and WHEREAS, Tompkins Consolidated Area Transit, Inc., (TCAT, Inc.) rural transit routes serve the Towns of Lansing, Danby, Ithaca, Groton, Lansing, Newfield, Enfield, Dryden, Caroline, and the City of Ithaca in Tompkins County, and WHEREAS, Tompkins County is submitting a request for a consolidated grant of funds to the NYSDOT, pursuant to Section 5311, Title 49, United States Code, for the following capital projects: TCAT Projects Federal NYSDOT TCAT TOTAL Two Replacement 40 ft. Transit buses $ 704,000 $ 88,000 $ 88,000 $ 880,000 Four Under 30 ft. buses $ 368,000 $ 46,000 $ 46,000 $ 460,000 Bus Shelters $ 55,400 $ 6,925 $ 6,925 $ 69,250 362 December 18, 2012 TCAT Facility Renovation $ 334,560 $ 41,820 $ 41,820 $ 418,200 ITS Project $ 833,898 $104,2237 $ 104,237 $1,042,373 TCAT Subtotal $2,295,858 $286,982 $ 286,982 $2,869,823 County Project Federal NYSDOT CCETC TOTAL JARC Mobility Management Way2Go (2013-2014) $ 325,000 $ 40,625 $ 40,625 $ 406,250 TOTAL $2,620,858 $327,607 $ 327,607 $3,276,073 WHEREAS, the Project funding sources are as follows: $2,620,858 $ 327,607 $ 327,607 $3,276,073 FTA Sec 5311 NYSDOT Local Total , and WHEREAS, Tompkins County and the State of New York are entering into an Agreement which authorizes the undertaking of the Project and payment of Federal and State shares of the project and the local shares which shall be provided by TCAT and Cornell Cooperative Extension of Tompkins County, Inc., 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 said application, with a total amount of $3,276,073, and agreement for this project and that the County Administrator, or his designee, is authorized to sign the application and to sign: . Any and all Agreements between Tompkins County and the State of New York for the above- named projects. . Any and all Agreements between Tompkins County and any third -party subcontractors necessary to complete the projects. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-262: Award of Way2Go Community Mobility Education Program Proposal to Cornell Cooperative Extension of Tompkins County, Inc. (DOC ID: 3866) WHEREAS, the Way2Go community mobility education program was created in 2008 by Cornell Cooperative Extension of Tompkins County, Inc., under contract with Tompkins County to develop: a community mobility curriculum for all transportation services and options available to county residents, and methods of outreach, access to information and individual consultations for county residents targeting seniors, people with disabilities, limited income, and rural populations, and WHEREAS, Tompkins County, through the Transportation Planning Program of the Depai tment of Social Services, solicited proposals for the Way2Go community mobility education program on September 14, 2012, with a due date of November 13, 2012, and WHEREAS, the County received a single proposal from Cornell Cooperative Extension of Tompkins County, Inc., with a subcontractor of the 2-1-1 Information & Referral of the Human Services Coalition of Tompkins County, Inc., which was evaluated by County and Ithaca -Tompkins County Transportation Council staff and determined to meet the terms of the Request for Proposals and is within the budget estimate, now therefore be it 363 December 18, 2012 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Health and Human Services Committees, That the Tompkins County Legislature awards the Way2Go community mobility education program proposal to Cornell Cooperative Extension of Tompkins County, Inc., with the term of the contract to be two years with an opportunity for three subsequent one-year renewals, subject to approval by the County, RESOLVED, further, That the proposed budget for 2013 is $258,205, funded 80% with Federal Transit Administration Section 5311 Rural Program grant and 20% by local match provided by Cornell Cooperative Extension of Tompkins County, Inc., and eligible New York State funds, RESOLVED, further, That the sustainability of the Way2Go program relies on competitive grants, and Cornell Cooperative Extension of Tompkins County, Inc., and Tompkins County accept the risks inherent in this arrangement, RESOLVED, further, That the Finance Director is authorized to make payments from the Transportation Grant account 5631.54425 Service Contracts for this contract, RESOLVED, further, That the County Administrator, or his designee, is authorized to execute an agreement with Cornell Cooperative Extension of Tompkins County, Inc., on behalf of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-263: Budget Adjustment - Workforce Investment Board (WIB) (DOC ID: 3847) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Director of Finance be directed to make the following adjustments on his books: Tompkins County Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6290.44959 Federal Aid $7,442 6290.54491 Subcontracts Explanation: Funding was made available by New York State Department of Labor for Assistive Technology. Funds previously transferred from subcontracts to order technology, this adjustment restores those funds to that line. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-264: Worker's Compensation Budget and Apportionment - Mutual Self -Insurance Plan (DOC ID: 3827) WHEREAS, the Budget, Capital, and Personnel Committee estimates that the sum of $2,000 will be required during the year 2013 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 2013 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 364 follows: Municipality Caroline Danby Dryden Enfield Groton Ithaca (Town) Lansing (Town) Newfield Ulysses Ithaca (City) Dryden (Village) Freeville (Village) Trumansburg (Village) Lansing (Village) Groton (Village) Cayuga Heights (Village) County of Tompkins Total SEQR ACTION: TYPE II -20 December 18, 2012 Taxable Full Value $ 195,452,652 $ 250,306,514 $ 760,335,266 $ 168,686,566 $ 170,332,988 $ 899,308,248 $ 718,618,586 $ 250,818,764 $ 327,650,656 $ 1,536,271,523 $ 106,579,768 $ 24,671,171 $ 114,559,827 $ 458,543,208 $ 80,373,757 $ 379,716,368 $ 6,442,185,862 $12,884,371,724 ********** Apportionment $ 30.34 $ 38.85 $ 118.02 $ 26.18 $ 26.44 $ 139.60 $ 111.54 $ 38.93 $ 50.86 $ 238.47 $ 16.54 $ 3.83 $ 17.78 $ 71.18 $ 12.48 $ 58.94 $1,000.00 $2,000.00 Resolution 2012-265: 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, 2013 (DOC ID: 3828) 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 2013, 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, 2013, is hereby delegated to the Finance Director, the chief fiscal officer of such County. Such notes shall be of such terms, form, 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 2012-266: Implementation of the 2013 Budget - Departmental Fees (DOC ID: 3843) 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 365 December 18, 2012 changes and increases in fees and changes in methods of charging fees specifically identified in the departmental budget requests and included in the 2013 budget adopted by the Tompkins County Legislature, are hereby authorized and approved. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2012-267: Authorization to Disburse Funds - County Administration (DOC ID: 3885) 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 2013 budget, provided that whenever a contract is required funds will be disbursed in accordance with the terms of said agreement. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-268: Delegation of Authority to Authorize Certain Tax and Solid Waste Fee Refunds Under $500 (DOC ID: 3887) 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 2013. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2012-269: Authorizing Payments for Community College Operating Budget (DOC ID: 3895) WHEREAS, this Legislature has by Resolution No. 119 of July 3, 2012, approved the 2012-2013 operating budget for the Tompkins Cortland Community College and appropriated the necessary funds to pay Tompkins County's proportionate share of the operating budget of said college, and 366 December 18, 2012 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 Tompkins County's budgeted share of the operating costs of said college for the fiscal year 2012-2013 on the following dates in the following amounts: January 1, 2013 March 1, 2013 May 1, 2013 July 1, 2013 Total: SEQR ACTION: TYPE 11-20 $ 676,851 $ 676,851 $ 676,851 $ 676,851 $ 2,707,403 ********** Approval of Appointments Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Water Resources Council - Terms expire December 31, 2015 Frank P. Proto - At -large representative Darby Kiley - Municipal representative John Andersson - At -large representative Joan Jurkowich - Planning Department representative Marjory Rinaldo -Lee - Environment representative R. Barry Goodrich - Watershed representative Sarah Johnson Dwyer - Business/Industry representative Ed Bugliosi - U.S.G.S. Ex -officio representative Terms expire December 31, 2013 Rick Manning - At -large representative Scott Carpenter - At -large representative Planning Advisory Board - Terms expire December 31, 2015 Richard Coogan - Local Planning (Non -Urban) representative Susan Cosentini - Business representative Rick Couture - Education representative Environmental Management Council - Terms expire December 31, 2014 James McGarry - At -large representative 367 December 18, 2012 Strategic Tourism Planning Board - Terms expire December 31, 2015 Anne Sheila Kellerman - At -large representative Stephen Nunley - At -large representative Miram Musco - At -large representative Steven W. Hugo - At -large representative Anthony Hopson - Ithaca College representative Sue Perlgut - Arts/Culture representative Board of Health - Terms expire December 31, 2018 Patricia L. Meinhardt, MD - Physician representative James C. Macmillan, MD - Physician representative Workforce Diversity and Inclusion Committee - Terms expire December 31, 2015 Anita Fitzpatrick - County staff representative Lisa Holmes - County representative Office for the Aging Advisory Committee - term expires December 31, 2015 Charlie Hart Board of Human Rights Commissioners - Term expires December 31, 2015 Barbara L. Coman Personal Emergency Response Service Advisory Board - Terms expire December 31, 2014 Edward H. Bergman - Agency representing disabled or elderly Dorothy Daetsch - At -large representative Mental Health Subcommittee - Terms expire December 31, 2016 Patricia Zalewski - Community Member Traffic Safety Committee - Terms expire December 31, 2015 Kenneth W. Lansing - Sheriff representative Air Service Board - Terms expire December 31, 2015 John C. Gutenberger - Cornell University representative Hillview Road Landfill Citizens Advisory Committee - Term expires December 31, 2016 Brian Eden - At -large representative Workforce Diversity and Inclusion Committee - Terms expire December 31, 2015 Jamaica Breedlove - County staff representative Marcia Lynch - County staff representative Library Board of Trustees - Terms expire December 31, 2015 Bruce Ryan Peter McCracken * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2012-270: Ban the Use of Hydrofracking By -Product Brine on County Roads and Property (DOC ID: 3877) 368 December 18, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera WHEREAS, by adoption of Resolution No. 215 of 2011 the Tompkins County Legislature submitted comments to the New York State Department of Environmental Conservation on the Revised Draft Supplemental GEIS (Generic Environmental Impact Statement) on the Oil, Gas, and Solution Mining Regulatory Program for the Marcellus Shale Gas Drilling, 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, and WHEREAS, Resolution No. 216 of 2011 supported Home Rule Authority regarding local land use and gas drilling in New York State, and WHEREAS, Resolution No. 217 of 2011 recommended a ban on horizontal drilling and high- volume hydrofracturing in the Finger Lakes Region, and WHEREAS, the definition of a "natural gas and oil by-product" is any refuse, sludge, or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semi-solid, or contained gaseous material that results from, is associated with, or produced as a byproduct of natural gas and oil exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids, or hydraulic fracturing fluids, and WHEREAS, the mineral properties of this by-product brine include certain chlorides that lower the freezing point and/or draw moisture from the air allowing the hydrofracking by-product brine to be used as a deicing agent in snow and ice control and/or being used as dust control on gravel roads, and WHEREAS, Tompkins County officials have been made aware that roads in certain areas adjacent to hydrofracking sites are being sprayed with hydrofracking by-product liquid brine, and WHEREAS, Tompkins County Legislature recognizes the dangers of additional harmful contents contained within this hydrofracking by-product brine, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County hereby bans the spraying, depositing, placing of all hydrofracking by-products, including brine liquid upon roads and properties for which Tompkins County is responsible and this prohibition will be reflected in relevant bidding documents and contracts, RESOLVED, further, That copies of this resolution shall be sent to Governor Andrew Cuomo, New York State Department of Transportation Commissioner Joan McDonald, New York State Department of Environmental Conservation 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, 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, 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, 369 December 18, 2012 Attorney General Eric Schneiderman, New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors, and all municipalities and Highway Superintendents located within Tompkins County. SEQR ACTION: TYPE II -20 ********** Capital Plan Review Committee Resolution 2012-271: Adopting 2012 Tompkins County 20 -Year Capital Plan Update (DOC ID: 3817) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Michael Lane, Member Frank Proto, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock Kathy Luz Herrera WHEREAS, Tompkins County is responsible for maintaining critical elements of community infrastructure including the county highway system, the emergency communications network, and facilities to support a wide range of governmental activities including public safety, social and human services, public health, public works, and general government, and WHEREAS, the County owns capital assets including land, buildings, equipment, and infrastructure valued at approximately $180 million, and WHEREAS, by Resolution No. 99 of 2006 the County Legislature adopted the Capital Plan "to be used as a guide in making decisions regarding the community infrastructure needed to support the operations and responsibilities of Tompkins County government with a consistent and manageable level of public investment," stating that "maintaining current facilities and infrastructure and meeting the future needs of county government and the Tompkins County community requires a plan for capital investment that is consistent with meeting overall county government budgetary goals," and WHEREAS, the Legislature also resolved "that the plan shall be reviewed periodically, updated as necessary, and may be amended at any time by majority vote of the Legislature," and WHEREAS, the Capital Plan Review Committee has met throughout 2011 and 2012 to review the status of the capital needs of the County, and WHEREAS, the 2006 Capital Plan has been updated to reflect current capital commitments, planned projects, future needs, and current fiscal realities, now therefore be it RESOLVED, on recommendation of the Capital Plan Review and the Budget, Capital and Personnel Committees, That the Tompkins County Legislature adopts the 2012 Tompkins County 20 - Year Capital Plan Update, RESOLVED, further, That the plan is to be used as a guide in making decisions regarding the community infrastructure needed to support the operations and responsibilities of Tompkins County government with a consistent and manageable level of public investment, RESOLVED, further, That the plan shall be reviewed periodically, updated as necessary, and 370 December 18, 2012 may be amended at any time by majority vote of the Legislature. SEQR ACTION: TYPE I1-21, II -27 * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2012-272: Requesting New York State to Authorize the Dedication of Revenues Produced by the Imposition of a $0.25 Per $100 "Additional Tax Mortgage Recording Tax" for Mass Transportation Purposes (DOC ID: 3859) Recess Ms. Robertson declared recess at 7:37 p.m. The meeting reconvened at 7:46 p.m. Discussion on Resolution No. 272 continued following recess Mr. Proto asked if non-profit organizations were exempt from the Mortgage Recording Tax. Mr. Mareane said it is not known, but he will look into it. Ms. Kiefer offered the following amendment at this time. Motion To: Amend the resolution as follows: Ms. Kiefer's motion to add the following language as highlighted below: • Add to the title: "...Mass Transportation and Other Purposes" • Fifth Whereas: "WHEREAS, in response to such constraints, TCAT has increased its fares, negotiated stringent labor contracts, and operated at virtual austerity levels while still maintaining a standard of quality that has earned it recognition in 2011 as the best transit system of its size in North America by the American Public Transportation Association, and" • Sixth Whereas: "WHEREAS, in light of pending federal and state deficit reduction initiatives, there is great uncertainty about the future near-term level of transit aid available to support on-going public transit operations, and" • Seventh Whereas: "WHEREAS, the federal "earmarks" that have historically provided funding for capital projects, including the purchase of buses, no longer exist, and the availability of future capital funding through formula -based aid is, at best, uncertain and is thus unlikely in the near-term not likely to be sufficient to provide for the systematic replacement of buses and essential facility improvements, and" • Add the following Whereas: "WHEREAS, similar structural deficits affect our community college (Tompkins Cortland Community College) and our public library (Tompkins County Public Library), and the County's ability to raise revenue to maintain its infrastructure assets is also negatively affected by the 2% tax cap on increases in property taxes, now therefore be it" • Add to the Resolved: "RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That this Legislature requests that Assemblyperson Lifton, Senator O'Mara, Senator Seward, and Senator Nozzolio sponsor and support legislation that would authorize the dedication of revenue produced by Tompkins County's imposition of the "Additional Tax" element of the Mortgage Recording Tax for mass transportation and/or education, and/or other necessary County purposes that serve the health, safety, and welfare of our residents purpeses." Motion To: Call the question 371 December 18, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 5] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Chock, Kiefer, Mackesey, McBean-Clairborne, Stein Kathy Luz Herrera The question was called. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [1 TO 13] Dooley Kiefer, Member Carol Chock, Member Dooley Kiefer Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera * * * * * * * * * * Ms. Chock offered the following amendment at this time. Motion To: Amend the resolution as follows: Amend resolution as follows: Remove the word "Mass" in the title and add the following Whereas: "WHEREAS, Tompkins County in the past has supported additional successful transportation options and will continue to do so". RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: DEFEATED [2 TO 12] Carol Chock, Member Dooley Kiefer, Member Carol Chock, Dooley Kiefer Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Discussion continued on the resolution. Ms. Kiefer said she does not think this is the right way to go about this and thinks it should be broader. Motion To: Call the Question 372 December 18, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 5] James Dennis, Member Will Burbank, Member Burbank, Dennis, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Chock, Kiefer, Lane, Mackesey, McBean-Clairborne Kathy Luz Herrera The question was called. * * * * * * * * * * The vote on the resolution was taken by roll call. Following the vote Ms. Kiefer requested the reasons she voted against the resolution be summarized in the minutes. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [UNANIMOUS] Pamela Mackesey, Member Peter Stein, Member Burbank, Chock, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Kathy Luz Herrera WHEREAS, Tompkins Consolidated Area Transit, Inc., (TCAT) is the sole provider of mass public transit within Tompkins County, and WHEREAS, TCAT is the product of a unique effort among the City of Ithaca (City), Tompkins County (County), and Cornell University that replaced several fragmented transit operations with a single entity that is far more efficient and effective than the systems it replaced, and WHEREAS, TCAT is organized as a New York not-for-profit corporation with 501(c)(3) federal tax status and with a board whose members are recommended in equal number by each of the three local funding entities and supported by fare and other self -generated revenue, state, and federal transit aid secured on its behalf by the County, and direct contributions in equal amounts from the City, County, and Cornell University, and WHEREAS, in recent years, the City, County, and Cornell University have faced unparalleled fiscal challenges that have limited their capacity to increase their contributions to TCAT, a constraint made even more difficult by the imposition of a 2% cap on increases in property tax levies the City and County rely upon to support their contributions to TCAT, and WHEREAS, in response to such constraints, TCAT has increased its fares, negotiated stringent labor contracts, and operated at virtual austerity levels while still maintaining a standard of quality that has earned it recognition as the best transit system of its size in North America by the American Public Transportation Association, and WHEREAS, in light of pending federal and state deficit reduction initiatives, there is great uncertainty about the future level of transit aid available to support on-going public transit operations, and WHEREAS, the federal "earmarks" that have historically provided funding for capital projects, 373 December 18, 2012 including the purchase of buses, no longer exist, and the availability of future capital funding through formula -based aid is, at best, uncertain and is not likely to be sufficient to provide for the systematic replacement of buses and essential facility improvements, and WHEREAS, Tompkins County firmly believes that a highly functional transit system is a critical element of a livable community and contributes significantly to reduced carbon emissions associated with alternative forms of transportation, and WHEREAS, in 24 counties in New York State, public transit is supported through the one- quarter percent ($0.25 per $100) "Additional Tax" of the Mortgage Recording Tax pursuant to Section 261 of the New York State Tax Law, and WHEREAS, the collection of the "Additional Tax" would place the Tompkins County total Mortgage Recording Tax rate at 1 %, putting it among the 46 counties in New York State with Mortgage Recording Tax rates of one percent or higher, and WHEREAS, the "Additional Tax" would provide an appropriate, equitable, and sustainable source of support for TCAT, without which the County expects declines in service and quality, higher passenger fares, deteriorating quality of TCAT's capital stock and facilities, and additional pressures on already over -burdened City and County property taxes, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That this Legislature requests that Assemblyperson Lifton, Senator O'Mara, Senator Seward, and Senator Nozzolio sponsor and support legislation that would authorize the dedication of revenue produced by Tompkins County's imposition of the "Additional Tax" element of the Mortgage Recording Tax for mass transportation purposes. SEQR ACTION: TYPE I1-20 ********** Health and Human Services Committee Ms. Chock was excused at this time. Planning, Development, and Environmental Quality Committee (continued) Resolution 2012-273: Authorizing Federal Transit Administration (FTA) Section 5316 Job Access & Reverse Commute (JARC) and Section 5317 New Freedom Grant Applications for 2013 (DOC ID: 3849) RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Pat Pryor, Member AYES: Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Kathy Luz Herrera WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5316 and Section 5317 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 certain Federal Transit Administration (FTA) funding programs, and 374 December 18, 2012 WHEREAS, the FTA fund sources for 2013 JARC Grant is as follows: 2012 Section 5316 Job Access & $76,089 Reverse Commute Match 2012 Section 5316 New Freedom $32,650 Total Federal Funds , and $108,739 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 on October 9, 2012, and WHEREAS, the County desires to submit two grant applications to FTA, for JARC and New Freedom operating assistance and mobility management projects, for 2013 as follows: Section 5316 - Job Access and Reverse Commute Agency Subrecipient Agency Description Federal Match Total Catholic Charities, Inc. Operating Assistance: Critical Needs Car Repair Loan Program $ 17,295 $ 17,295 $ 34,590 GADABOUT, Inc. Operating Assistance: User Fare Subsidy for Challenge Industries Client Workers $ 19,233 $ 19,233 $ 38,466 Ithaca Carshare, Inc. Operating Assistance: Ithaca Carshare EZ Access Car -share membership program for low- income residents $ 17,540 $ 17,540 $ 35,080 Challenge Inc. Mobility Management: Travel Training for Adults with Disabilities $ 6,726 $ 1,681 $ 8,407 Human Services Coalition of Tompkins County, Inc. Mobility Management: 211 Trip Request Call System for FISH $ 7,687 $ 1,922 $ 9,609 Dept of Social Services Grant/Project Administration $ 7,608 $ $ 7,608 TOTAL Section 5317 - New Freedom Subrecipient Description Agency $ 76,089 $ 57,671 $ 133,759 Federal Agency Total Match FISH, Inc. Operating Assistance: Volunteer Service for Medical Transportation $ 7,650 $ 7,650 $ 15,300 GADABOUT, Inc. Operating Assistance: New Freedom Paratransit Service for ADA -Certified Persons, exceeding minimum ADA $ 25,000 $ 25,000 $ 50,000 requirements TOTAL $ 32,650 $ 32,650 $ 65,300 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Health and Human Services Committee, That the Tompkins County Legislature authorizes the County Administrator, or his designee, to execute and file applications on behalf of the 375 December 18, 2012 County of Tompkins with the United States Department of Transportation for the 2013 JARC Grant totaling $133,759 and for the 2013 New Freedom Grant totaling $65,300, RESOLVED, further, That the County Administrator, or his designee, 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 subrecipients necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting November 13, 2012 RESULT: MOVER: SECONDER: AYES: EXCUSED: ACCEPTED [UNANIMOUS] Pamela Mackesey, Member Pat Pryor, Member Burbank, Dennis, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Kathy Luz Herrera November 20, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] Pamela Mackesey, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Carol Chock, Kathy Luz Herrera December 4, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] Pamela Mackesey, Member Pat Pryor, Member Burbank, Dennis, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Carol Chock, Kathy Luz Herrera Adjournment On motion the meeting adjourned at 9:26 p.m. 376 Tompkins County Proceedings 2012 LOCAL LAWS 377 Tompkins County Proceedings LOCAL LAW TITLE(S) Local Law No. 1 of 2012 - A Local Law to Opt -Out of Section 487 of the New York State Real Property Tax Law (Adopted May 15, 2012) Local Law No. 2 of 2012 — A Local Law Overriding Tax Levy Limit for Fiscal Year 2013 (Adopted June 19, 2012) Local Law No. 3 of 2012 — A Local Law to Amend the Tompkins County Charter Article 9 — Department of Health (Adopted July 17, 2012) Local Law No. 4 of 2012 — A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County (Adopted July 17, 2012) Local Law No. 5 of 2012 — A Local Law Amending the Tompkins County Charter and Code — Chapter 28 — Election Districts (Adopted September 4, 2012) 378 Tompkins County Proceedings Local Law No. 1 of 2012 A Local Law to Opt -Out of Section 487 of the New York State Real Property Tax Law Section 1: Legislative Intent It is the intent of this Local Law to provide no exemption from taxation as authorized in Real Property Tax Law Section 487. Section 2: Exemption From Taxation No exemption from taxation shall be applicable with respect to any solar or wind energy system or farm waste energy system. Section 3: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. Local Law No. 2 of 2012 A Local Law Overriding Tax Levy Limit for Fiscal Year 2013 SECTION 1. Overriding Tax Levy Limit for 2013. For fiscal year 2013, 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. Local Law No. 3 of 2012 A Local Law to Amend the Tompkins County Charter Article 9 — Department of Health Section 9.00 County Health District; Department of Health; Public Health Director; Appointment; Term; Qualifications. The County of Tompkins shall be a County Health District. There shall be a Department of Health headed by a Public Health Director, who shall be appointed by the County Administrator, upon the recommendation of the Board of Health, subject to confirmation by the Tompkins County Legislature, the Board of Health, and the New York State Commissioner of Health. The Public Health Director shall be directly responsible to the Board of Health for the implementation and enforcement of the County Sanitary Code and other public health programs, and directly responsible to the County Administrator for the implementation of financial, personnel, and administrative policies, not directly affecting the public health within the County, established by the Tompkins County Legislature. The term of office shall be six years. The Public Health Director shall meet qualifications as prescribed by the local Civil Service office. 379 Tompkins County Proceedings Section 9.01Public Health Director; Powers and Duties. The Public Health Director shall have all the powers and perform all the duties now or hereafter conferred or imposed by law or code upon a County Public Health Director, together with such other and related duties as may be required by the Tompkins County Legislature or the Board of Health as provided in Section 9.04 of this Article. The powers and duties of the Public Health Director shall be to: (a) Appoint such deputies, assistants, and employees of the department as shall be authorized by the Tompkins County Legislature; (b) Plan, organize, and direct a local public health program in accordance with the local Municipal Public Health Services Plan, including the identification, influence, and treatment of disease and disease trends throughout the County; (c) Direct the operation of environmental health programs to promote and protect the public health through supervision and regulation of public eating places, swimming and camping facilities, drinking water supplies and sewage systems, rabies control, indoor air quality, open burning, youth tobacco control, exposure to chemicals, and other activities as warranted; (d) Collect any fees established by the Tompkins County Legislature and the Board of Health for public health work and remit same to the Department of Finance; (e) Initiate, implement, and coordinate health and health education programs with public and private community groups throughout the County and regionally in the planning of community health relations and programs; (f) Collect and record information relating to births, deaths, and other statistics necessary or appropriate to the maintenance of a responsive health program throughout the County; (g) Implement policies established by the Tompkins County Legislature and/or the Board of Health as provided in Section 9.04 of this Charter; (h) Serve as the County official to coordinate the identification, tracking, and screening of children at risk of developmental delay; (i) Coordinate public -health-related emergency preparedness responses. Section 9.02 Medical Director; Appointment; Qualifications. There shall be a Medical Director who shall be appointed by the Public Health Director, after consultation with the Board of Health. The Medical Director shall be directly responsible to the Public Health Director and shall exercise general supervision and control, in concert with the Public Health Director, of all medical aspects of the department's operations, including the medical treatment of patients in public health centers and clinics operated by the health district. At the time of appointment and throughout the term of office, the Medical Director shall be and remain duly licensed and entitled to practice medicine in the State of New York, and shall have such other qualifications as may be required by law, the local Civil Service office, and the Tompkins County Legislature. Section 9.03 Medical Examiner; Appointment; Qualifications; Powers and Duties. There shall be a Medical Examiner(s) appointed by the Public Health Director after consultation with the Board of Health. The Medical Examiner(s) shall be directly responsible to the Public Health Director for the implementation of policies established by the Tompkins County Legislature. At the time 380 Tompkins County Proceedings of appointment and throughout the term of office, the Medical Examiner(s) shall be and remain duly licensed to practice medicine in the State of New York. The Medical Examiner(s) shall have all the powers and perform all the duties now or hereafter conferred or imposed by law upon a Medical Examiner and shall perform such other and related duties as may be required by the Tompkins County Legislature. Section 9.04 Board of Health; Appointment; Powers and Duties. There shall be a County Board of Health, the members of which shall be appointed by the Tompkins County Legislature. The County Board of Health shall consist of seven (7) members, one (1) of whom shall be a member of the Tompkins County Legislature, and at least three (3) of whom shall be physicians licensed to practice in the State of New York. In addition thereto, each city which becomes a part of the County Health District shall be entitled to one (1) additional representative member of the Board of Health. The term of office of each member of the County Board of Health shall be six (6) years, and the term of one (1) of the members shall expire annually, except that the term of the office of the representative member of the Tompkins County Legislature shall be for such lesser period as may be required in the event that this member does not continue as a member of the Tompkins County Legislature. The Board of Health shall have the authority to draft bylaws for approval by the Tompkins County Legislature, elect officers from its membership, and establish committees. Updated copies of bylaws must be kept on file in the Office of the Clerk of the Tompkins County Legislature. The Board of Health shall have the following powers and duties: (a) Formulate, promulgate, adopt, amend or repeal, and publish rules, regulations, orders, and directives for the security of life and health in the health district that shall not be inconsistent with the Public Health Law or the State Sanitary Code. Such rules, regulations, orders, and directives shall be known as the "County Sanitary Code"; (b) Take appropriate action to preserve and improve public health within the County; (c) Consider any matters that may come to its attention relating to the preservation and improvement of public health within the County and advise the Public Health Director thereon, either at the Public Health Director's request or upon its own initiative, and from time to time make recommendations to the Public Health Director thereon; (d) Serve as the governing authority for the Tompkins County Licensed Home Care Services Agency pursuant to Codes, Rules, and Regulations of the State of New York and be responsible for the establishment of standards of the agency service and care and the approval of standard clinical regimens; (e) Select and appoint a qualified Agency Administrator and delegate to the administrator executive authority and responsibility for the operation of the agency, including the employment of the professional staff; (f) Organize and maintain, or contract for, public health clinics in Tompkins County; (g) Review and make recommendations on the budget of the Department of Health; (h) Operate within the financial, personnel, and administrative County policies as established by the Tompkins County Legislature; (i) With the approval of the Tompkins County Legislature (and the State Commissioner of Health, where required by law), establish fees for the services provided by the Department of Health. 381 Tompkins County Proceedings Both the Board of Health and the Tompkins County Legislature must mutually agree on the fees. If a disagreement occurs, the fee schedule shall return to the Board of Health for review and recommendation back to the Tompkins County Legislature. Section 9.05 Board of Health; Sanitary Code; Procedure for Adoption. (a) The affirmative vote of a majority of the total membership of the Board of Health shall be required to pass any rule, regulation, order, or directive that constitutes the adoption of, or an amendment or addition to, or to repeal a portion of the County Sanitary Code. On the final passage, the question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes of proceedings. (b) Every rule, regulation, order, or directive that constitutes an amendment or addition to or removal from the County Sanitary Code shall be mailed or delivered in final form to each member at least ten (10) calendar days, exclusive of Sunday, prior to its final passage. (c) The Board of Health shall hold a public hearing on every rule, regulation, order, or directive that constitutes the adoption of, or an amendment or addition to, or removal from the County Sanitary Code, prior to its final passage. Such public hearing shall be on at least five (5) days' notice, published in the official daily newspaper(s) in the County. (d) The Board of Health shall cause to be published annually a supplement to the County Sanitary Code which shall indicate all additions to, repeals, and amendments of any section of said Code. (e) The Public Health Director shall cause to be furnished certified copies of the County Sanitary Code and its amendments for such fees as may be authorized by law. Section 9.06 County Sanitary Code; Violations and Penalties. The provisions of the County Sanitary Code shall have all the force and effect of law. Penalties for violation of or nonconformance with any provision of such County Sanitary Code, or of any rule, regulation, order, or directive made thereunder, shall be in accordance with provisions of the Public Health Law of the State of New York. Certified copies of the County Sanitary Code shall be received in evidence in all courts and proceedings in the State. Section 9.07 Board of Health; Recommendations. The Board of Health shall, in consultation with the Public Health Director, prepare annually its recommendations for meeting the public health needs of the County. Copies of the recommendations shall be transmitted to the Tompkins County Legislature, the County Administrator, and the State Commissioner of Health each year or as required by New York State Department of Health regulations. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. Local Law No. 4 of 2012 A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County SECTION I. TITLE. This Local Law shall be known and may be cited as "A Local Law to Prevent the Spread of Aquatic Invasive Species in Tompkins County". 382 Tompkins County Proceedings SECTION II. LEGISLATIVE INTENT. The Tompkins County Legislature hereby finds and determines that aquatic invasive species can displace native species and alter natural ecosystems, and cause negative environmental and economic impacts such as that presently occurring with regard to the infestation by the invasive submerged aquatic plant, Hydrilla verticillata (Hydrilla) in Cayuga Inlet. Ultimately, residents and visitors to Tompkins County alike are negatively impacted by the decline in quality of any water body subjected to aquatic invasive species. It is the intent of this law to protect the ecology of water bodies wholly or partially located and/or accessed in Tompkins County by preventing the introduction of any aquatic invasive species and therefore helping to protect the environment and economy of Tompkins County. SECTION III. DEFINITIONS. As used in this law, the following terms shall have the following meanings: (a) "Aquatic Invasive Species" means with respect to waters located and/or accessed in Tompkins County, any aquatic species, whether animal or plant, including its eggs, spores or other biological material capable of propagating or reproducing that species, whether or not natural to said waters including all of its cultivars and varieties, whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species, as that term is used herein, includes but is not limited to Asian clam (Corbicula fluminea), Eurasian water milfoil (Myriophllum spicatum), Hydrilla (Hydrilla verticillata), zebra mussels (Dreissena polymorpha) and quagga mussels (Dreissena bugensis). "Aquatic Invasive Species" shall also include any species listed separately either within the New York State Environmental Conservation Law, New York State Rules and Regulations or by a local agency duly authorized to define invasive species and as listed on the attached Schedule as it may be amended from time to time. Commercial availability of an "Aquatic Invasive Species", such as in aquarium stores, pet stores, bait shops, or otherwise, does not exempt such plant or animal from the provisions of this legislation. (b) "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof. (c) "Launch" means to place a watercraft into a water body for any purpose and any related activity that takes place within fifty feet of the high water mark of the water body for the purpose of placing a watercraft into a water body, including moving by trailer or other device or carrying by hand a watercraft toward a water body, or entering a queue prior to launching. (d) "Haul" means to lift a watercraft above or lift above and remove beyond 50 feet from the high water mark of any water body. (e) "Water body" means the same as "waters". (f) "Waters" means all lakes, including Cayuga Lake, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, including intermittent streams or creeks, estuaries, marshes, inlets, canals, ephemeral drainage ways, and ditches, within the territorial limits of the County of Tompkins, and all other bodies of surface or underground water, natural or artificial, fresh, public or private, that are wholly or partially within or bordering the County or within its jurisdiction. (g) "Watercraft" means every motorized or non -motorized boat, vessel, shell, jet ski, personal watercraft, canoe, kayak, raft, derrick, barge, platform or vehicle either recreational or commercial capable of being used or operated in or on water. 383 Tompkins County Proceedings SECTION IV. PROHIBITIONS (UNLAWFUL ACTIVITIES). In Tompkins County it shall be unlawful for any person to: (a) launch, haul, or attempt to enter or exit a watercraft into or from a water body with any plant or animal, or parts thereof, visible to the human eye in, on, or attached to any part of the watercraft, including in live wells, bilges or confined spaces, the motor, raw water cooling system, rudder, anchor or other appurtenance, any equipment or gear, or trailer or any other device used to transport or launch a watercraft that may come into contact with the water; (b) enter the County, or transport within the County, watercraft without first removing by hand any and all plant or animal, or parts thereof, visible to the human eye in, on, or attached to any part of the watercraft, including in live wells, bilges, the motor, rudder, anchor or other appurtenance, any equipment or gear, or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water; (c) introduce, throw, dump, deposit, place, allow or cause to be propagated, transplanted, introduced, thrown, dumped, deposited or placed in any water body, in whatever capacity and for whatever purpose, an aquatic invasive species. In addition, any and all items removed pursuant to the requirements of this local law must be discarded away from the shoreline in such a manner as to prevent the removed items from re-entering any water body. SECTION V. EXCEPTIONS TO PROHIBITIONS. The provisions of Section IV of the Local Law shall not apply to: (a) The use of the above -water portions of native or non-invasive plants for camouflage of the watercraft for the purpose of hunting, consistent with all applicable laws and regulations related to the use, possession and harvesting of plants and provided that the source of any such plant is the water body in which it is used; (b) The intentional transport of plants or animals for food, research, or landscaping, provided they are fully and securely contained within or on board the watercraft. (c) Dredging approved by the New York State Department of Environmental Conservation or the appropriate regulatory agency. SECTION VI. PENALTY FOR VIOLATION. Any person who engages in any activity prohibited by this Local Law shall be guilty of a violation. Every person convicted of a violation of this Local Law shall be subject to a fine of not more than $250. SECTION VII. ENFORCEMENT. Enforcement of this Local Law shall be in the same manner as a traffic violation is handled; through the use of an appearance ticket and procedures similar to that used to enforce the Vehicle and Traffic Law of the State of New York except that the citation may be in a form determined to be adequate and expedient by the law enforcement agency issuing the citation. 384 Tompkins County Proceedings SECTION VIII. SEVERABILITY. If any section, subdivision, paragraph, subparagraph, clause, or item of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION IX. EFFECTIVE DATE. This act shall take effect immediately upon filing in the Office of the Secretary of State. Attachment Schedule of Aquatic Invasive Species: Asian clam (Corbicula fluminea) Eurasian water milfoil (Myriophllum spicatum) Hydrilla (Hydrilla verticillata) Zebra mussels (Dreissena polymorpha) Quagga mussels (Dreissena bugensis) State Defined Aquatic Invasive Species County Defined Aquatic Invasive Species Local Law No. 5 of 2012 A Local Law Amending the Tompkins County Charter and Code — Chapter 28 — Election Districts Section 1. This Local Law amends Chapter 28 of the Tompkins County Charter and Code. Section 2. Chapter 28 of the Tompkins County Charter and Code is amended and shall read as follows: Chapter 28 ELECTION DISTRICTS §28-1. Composition of Tompkins §28-3. Election of County Legislators. County Legislature; terms of office. §28-4. Construal of provisions. §28-2. Districts enumerated. [HISTORY: Adopted by the Board of Representatives of Tompkins County 5-15-2001 by L.L. No. 3-2001. Amendments noted where applicable.] §28-1. Composition of Tompkins County Legislature; terms of office. The governing board of County of Tompkins, known and designated as the Tompkins County Legislature, shall be made up of 14 Legislators, each of whom shall be elected for a four-year term of office commencing January 1, 2014. §28-2. Districts enumerated. 385 Tompkins County Proceedings The County of Tompkins be and hereby is divided into Districts which shall be made up of municipalities, or portions thereof, as described hereafter. Legislative District Number 1 Description Part of the City of Ithaca 2 Part of the City of Ithaca 3 Part of the City of Ithaca 4 Part of the City of Ithaca 5 Town of Ulysses; part of the Town of Ithaca; and part of the Town of Enfield 6 Part of the Town of Lansing 7 Town of Caroline; Town of Danby and part of the Town of Ithaca 8 Town of Newfield; and part of the Town of Enfield 9 Town of Groton; part of the Town of Dryden; and part of the Town of Lansing 10 Village of Lansing; Village of Cayuga Heights; and part of the Town of Ithaca 11 Part of the Town of Ithaca 12 Part of the Town of Ithaca 13 Part of the Town of Dryden 14 Part of the Town of Dryden DESCRIPTION OF DISTRICT BOUNDARIES DISTRICT NO. 1 Part of the City of Ithaca described as follows: Beginning at a monument marking the former southwest corner of the corporate limits of the City of Ithaca, also known as the southwest corner of "DeWitt location", located approximately 315 feet west of the center line of Floral Avenue, on the corporate limits; thence running easterly along the south line of the corporate limits a distance of 1,728 feet, to a point on the City of Ithaca corporate limits; thence along the western and southern corporate limits a distance of 15,816 feet, more or less, to a point on the City of Ithaca corporate limits, which is the northwesterly corner of said Tax Parcel 503089-40.-3-3 (Tax Role Status 2011); thence northeasterly across Tax Parcel 500700-106.-1-8 (Tax Role Status 2011) a distance of approximately 615 feet, to the southerly end of the centerline of South Cayuga Street; thence northerly along the centerline of South Cayuga Street a distance of approximately 1,480 feet to the southern end of North Cayuga Street; thence northerly along centerline of North Cayuga Street a distance of approximately 1,840 feet to the intersection with Cascadilla Creek; thence westerly and northwesterly 386 Tompkins County Proceedings along the centerline of Cascadilla Creek a distance of 4,458 feet, more or less, to the intersection with the centerline of Cayuga Inlet; thence northerly along the center line of Cayuga Inlet, and as extended, to the north line of the City of Ithaca a distance of 5,523 feet, more or less; thence westerly along the north line of the City of Ithaca a distance of 3,420 feet, more or less, to a point on the west shore of Cayuga Lake; thence southeasterly along the line of the corporate limits of the City of Ithaca as it twists and turns a distance of 4,613 feet, more or less; thence westerly along the City of Ithaca corporate limits a distance of 2,587 feet, more or less; thence southwesterly along the City of Ithaca corporate limits, which is also the center line of Williams Brook, a distance of 331 feet, more or less; thence southerly along the western line of the corporate limits of the City of Ithaca a distance of 9,800 feet, more or less, to the point and place of beginning. DISTRICT NO. 2 Part of the City of Ithaca described as follows: Beginning at a point of intersection of the center lines of Linn Street, University Avenue and Cascadilla Creek; thence easterly along the center line of Cascadilla Creek a distance of 1,490 feet, more or less, to a point of intersection with the center line of Stewart Ave; thence northeasterly along the center line of Stewart Avenue a distance of 1,943 feet; thence northeasterly along the northwest face of Carl Becker House, a building on Cornell University campus, a distance of 330 feet, more or less, to the northeast corner of Carl Becker House; thence southeasterly along the westernmost edge of the access road located east of Carl Becker House a distance of 294 feet, more or less, to a point; thence easterly along a line which is also the north face of Mennen Hall a distance of 222 feet, more or less, to a point of intersection with the center line of West Avenue; thence northerly along the center line of West Avenue a distance of 530 feet, more or less, to a point of intersection of the center lines of University Avenue and McGraw Place; thence northerly along the center line of University Avenue a distance of 1,924 feet, more or less, to a point of intersection with the center line of Thurston Avenue; thence northerly along the center line of Thurston Avenue a distance of 760 feet, more or less, to a point of intersection of the center line of Wait Avenue; thence northeasterly and northwesterly along the center line of Wait Avenue a distance of 621 feet, more or less, to a point of intersection with the center line of Triphammer Road; thence northeasterly along the center line of Triphammer Road a distance of 303 feet, more or less, to the of intersection with the center line of Sisson Place; thence easterly along the centerline of Sisson Place a distance of 1,012 feet, more or less, to the intersection with the centerline of Robert Purcell Community Center access road; thence southeasterly a distance of 168 feet, more or less, to the northwestern corner of Mews Hall; thence southeasterly along the northern face of Mews Hall a distance of 225 feet, more or less, to the northeast corner of Mews Hall; these northeasterly a distance of 250 feet, more or less, to the southern end of Sisson Place Extension; thence northeasterly along the centerline of Sisson Place Extension a distance of 277 feet, more or less, to the intersection with the eastern boundary of the City of Ithaca; thence northerly along the eastern boundary of the City of Ithaca a distance of 403 feet, more or less, to the northeast corner of the corporate limits of the City of Ithaca, where the Village of Cayuga Heights and the Town of Dryden boundaries meet; thence westerly along the north line of the City of Ithaca a distance of 9,087 feet, more or less, to a point of intersection with the east line of North Cayuga Street, a corner of the City of Ithaca boundary; thence northerly along the corporate limit of the City of Ithaca a distance of 4,705 feet, more or less to the most northerly, northeast corner of the corporate limits of the City of Ithaca, which is on the east shore of Cayuga Lake; thence westerly across Cayuga Lake a distance of 4,430 feet, more or less, to the approximate center of Cayuga Lake, which said point is on a line due north of the centerline of Cayuga Inlet; thence southerly along the center line of the Cayuga Inlet, as extended, and along the actual center line of the Cayuga Inlet a distance of 7,500 feet, more or less, to a point of intersection with the centerline of Cascadilla Creek; thence easterly and southeasterly along the centerline of southeasterly along the center line of Cascadilla Creek a distance of 6,070 feet, more or less, to the intersection to a point of intersection of the south line of Cascadilla Creek and the center line of North Cayuga Street; thence northerly along the center line of North Cayuga Street a distance of 111 feet, more or less, to a point of intersection with the center line of Farm Street; thence easterly along the center line of Farm Street a distance of 1,239 feet, more or less, to a point of intersection with the center line of Linn 387 Tompkins County Proceedings Street; thence southerly along the center line of Linn Street a distance of 707 feet, more or less, to the point of beginning. DISTRICT NO. 3 Part of the City of Ithaca described as follows: Beginning at a point in the south corporate limits of the City of Ithaca at its intersection with the center line of East State Street (New York State Route 79); thence easterly along the south corporate limit of the City of Ithaca a distance of 260 feet, more or less, to a monument marking the southeast corner in the corporate limits of the City of Ithaca; thence northerly along the east line of the City of Ithaca a distance of 10,966 feet more or less, to the intersection with Sisson Place Extension, a road on the Cornell University campus; thence southwesterly along the centerline of Sisson Place Extension a distance of 277 feet, more or less, to the southern end of Sisson Place Extension; these southwesterly a distance of 250 feet, more or less, to the northeast corner of Mews Hall; thence northwesterly along the northern face of Mews Hall a distance of 225 feet, more or less, to the northwest corner of Mews Hall; thence northwesterly a distance of 168 feet, more or less, to the intersection of the centerlines of Robert Purcell Community Center access road and Sisson Place; thence westerly along the centerline of Sisson Place a distance of 1,012 feet, more or less, to the intersection with the centerline Triphammer Road; thence southerly and southwesterly along the center line of Triphammer Road a distance of 303 feet, more or less, to a point of intersection with the center line of Wait Avenue; thence southeasterly and southwesterly along the center line of Wait Avenue a distance of 621 feet, more or less, to a point of intersection with the center line of Thurston Avenue; thence southerly along the center line of Thurston Avenue a distance of 760 feet, more or less, to a point of intersection of the center lines of Forest Home Drive and University Avenue; thence westerly and southwesterly along the center line of University Avenue a distance of 1,924 feet, more or less, to a point of intersection of the center lines of McGraw Place and West Avenue; thence southerly and southeasterly along the center line of West Avenue a distance of 1,212 feet, more or less, to a point of intersection with the center line of Campus Road; thence southeasterly along the center line of Campus Road a distance of 800 feet, more or less, to a point of intersection with the Central Avenue; thence southeasterly along Central Avenue a distance of 799 feet, more or less, to a point of intersection with the center line of College Avenue; thence southeasterly along the center line of Campus Road a distance of 800 feet, more or less, to a point of intersection with the center line of Central Avenue; thence southerly along the center line of Central Avenue a distance of 960 feet, more or less, to a point of intersection with the center line of Oak Avenue; thence easterly along the center line of Oak Avenue a distance of 569 feet, more or less, to a point of intersection with the center line of Summit Avenue; thence southerly along the center line of Summit Avenue extended a distance of 409 feet, more or less, to a point of intersection with the center line of Dryden Road; thence westerly along the center line of Dryden Road a distance of 325 feet, more or less, to a point of intersection with the center line of Linden Avenue; thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line of Bool Street; thence westerly along the center line of Bool Street a distance of 267 feet, more or less, to a point of intersection with the center line of College Avenue; thence southerly along the center line of College Avenue a distance of 614 feet, more or less, to a point of intersection with the center line of Mitchell Street (New York State Route 336); thence southwesterly along the center line of Mitchell Street (New York State Route 336) a distance of 306 feet, more or less, to a point of intersection with the center line of East State Street; thence northwesterly along the center line of East State Street a distance of 2,126 feet, more or less, to a point of intersection with the center line of East Green Street (New York Route 79E); thence southwesterly along the centerline of East Green Street (New York Route 79E) a distance of 430 feet, more or less to the intersection with the centerline of South Aurora Street; thence southwesterly a distance of 40 feet, more or less, to the intersection with the centerline of Sixmile Creek; thence southeasterly along the center line of Sixmile Creek a distance of 1,660 feet, more or less, to the intersection with the center line of South Cayuga Street; thence southerly along South Cayuga Street a distance of 1,200 feet, more or less, to the southern end of the centerline of South Cayuga Street; thence southwesterly across Tax Parcel 500700- 106.-1-8 (tax Role Status 2011) a distance of approximately 615 feet to a point of intersection with the City of Ithaca corporate limits, which is the northwesterly corner of said Tax Parcel 503089-40.-3-3 (Tax 388 Tompkins County Proceedings Role Status 2011); thence easterly along the southerly boundary of the City of Ithaca corporate limits, as it twists and turns, a distance of 9,000 miles, more or less, to the point and place of beginning. DISTRICT NO. 4 Part of the City of Ithaca described as follows: Beginning at a point on the center line of Cascadilla Creek at the point of intersection with the center line of Stewart Avenue; thence running northeasterly along the center line of Stewart Avenue a distance of 1,943 feet, more or less, to a point on the center line of Stewart Avenue, which is the northeasterly corner of face of Carl Becker House, a building on the Cornell University Campus; thence southeasterly along the westernmost edge of the access road located east of Carl Becker House a distance of 294 feet, more or less, to a point; thence easterly along a line which is also the north face of Mennen Hall a distance of 222 feet, more or less, to appoint of intersection with the center line of West Avenue; thence southerly along the center line of West Avenue a distance of 636 feet more or less, to a point of intersection with the center line of Campus Road; thence southeasterly along the center line of Campus Road a distance of 800 feet, more or less, to a point of intersection with the center line of College Avenue; thence southerly along the center line of College Avenue a distance of 960 feet, more or less, to a point of intersection with the center line of Oak Avenue; thence easterly along the center line of Oak Avenue a distance of 569 feet more or less, to a point of intersection with the center line of Summit Avenue; thence southerly along the center line of Summit Avenue a distance of 409 feet, more or less, to a point of intersection with the center line of Dryden Road; thence westerly along the center line of Dryden Road a distance of 325 feet, more or less, to a point of intersection with the center line of Linden Avenue; thence southerly along the center line of Linden Avenue a distance of 838 feet, more or less, to a point of intersection with the center line of Bool Street; thence westerly along the center line of Bool Street a distance of 267 feet, more or less, to a point of intersection with the center line of College Avenue; thence southerly along the center line of College Avenue a distance of 614 feet, more or less, to a point of intersection with the center line of Mitchell Street; thence southwesterly along the center line of Mitchell Street a distance of 306 feet, more or less, to a point of intersection with the center line of East State Street (New York Route 79E); thence northwesterly along the center line of East State Street (New York Route 79E) a distance of 2,126 feet, more or less, to a point of intersection with the center line of East Green Street (New York Route 79E); thence southwesterly along the centerline of East Green Street (New York Route 79E) a distance of 430 feet, more or less to the intersection with the centerline of South Aurora Street; thence southeasterly a distance of 40 feet, more or less, to the intersection with the centerline of Sixmile Creek; thence southwesterly along the center line of Sixmile Creek a distance of 1,660 feet, more or less, to the intersection with the center line of South Cayuga Street; thence northerly along the centerline of South Cayuga Street a distance of 1,480 feet, more or less, to the southern end of North Cayuga Street; thence northerly along centerline of North Cayuga Street a distance of 1,951 feet, more or less, to the intersection with the centerline of Farm Street; thence easterly along the center line of Farm Street a distance of 1,239 feet, more or less, to a point of intersection with the center line of Linn St; thence southerly along the center line of Linn Street a distance of 707 feet, more or less, to the intersection with the centerline of Cascadilla Creek; thence easterly along the centerline of Cascadilla Creek a distance of 1,490 feet, more or less, to the point of beginning. DISTRICT NO. 5 All of the Town of Ulysses and those parts of the Town of Enfield and Town of Ithaca described as follows: Beginning at the northwesterly corner of the Town of Enfield where it adjoins the Town of Ulysses; thence southerly along the westerly boundary of the Town of Enfield a distance of approximately 9,332 feet, more or less, to the intersection of the centerlines of Buck Hill Road North and Mecklenburg Road (New York State Route 79); thence easterly along the centerline of Mecklenburg Road (New York State Route 79) a distance of approximately 6.2 miles to the intersection of Sheffield Road, which is also the westerly boundary of the Town of Ithaca; thence northerly along the centerline of Sheffield Road a distance of approximately 2.4 miles to the northeasterly corner of the Town of Enfield; thence westerly 389 Tompkins County Proceedings along the centerline of Iradell Road, which is also northerly boundary of the Town of Enfield, a distance of approximately 6.1 miles to the point of beginning. Beginning at the northwesterly corner of the Town of Ithaca; thence southerly along the centerline of Sheffield Road, which is also the westerly boundary of the Town of Ithaca, a distance of 7,457 feet, more or less, to the intersection with Bundy Road; thence easterly along the centerline of Bundy Road a distance of approximately 2.16 miles to the intersection with the centerline of Trumansburg Road (New York Route 96); thence southeasterly along the centerline of Trumansburg Road (New York Route 96) a distance of 2,770 feet, more or less, to the corporate limits of the City of Ithaca; thence easterly along the corporate limits of the City of Ithaca a distance of 1,033 feet, more or less, to the southeasterly corner of Tax Parcel 503089-26.-4-3 (Tax Role Status Year 2011); thence north and northwesterly along the corporate limits of the City of Ithaca and in part along Taughannock Boulevard (New York State Route 89) a distance of 4,441 feet, more or less, to the northwesterly corner of the most northerly boundary of the City of Ithaca, a point on the west shore of Cayuga Lake; thence easterly along the north boundary of the City of Ithaca and across Cayuga Lake a distance of 3,420 feet, more or less, to the approximate center of Cayuga Lake, which said point is on a line due north of the centerline of Cayuga Inlet; thence northwesterly along the approximate centerline of Cayuga Lake a distance 5,717 feet, more or less, to the southeasterly corner of the Town of Ulysses; thence westerly along the southerly boundary of Town of Ulysses a distance of approximately 2.7 miles to the point of beginning. DISTRICT NO. 6 All of the Town of Lansing, excluding all of the Village of Lansing and excluding the part of the Town of Lansing described as follows: Beginning in the northeasterly corner of the Town of Lansing; thence southerly along the easterly boundary of the Town of Lansing a distance of approximately 6.1 miles to the intersection with the centerline of Peruville Road; thence westerly along the centerline of Peruville Road a distance of 3,700 feet, more or less, to the intersection with the centerline of Van Ostrand Road; thence northerly along the centerline of Van Ostrand Road approximately 4.4 miles to the intersection with the centerline of North Lansing School Road; thence westerly along the centerline of North Lansing School Road a distance of 1,992 feet, more or less, to the intersection with the centerline of Breed Road; thence northerly along the centerline of Breed Road a distance of approximately 1.7 miles to the intersection with the centerline of Weeks Road, which is the northerly boundary of the Town of Lansing; thence easterly along the centerline of Weeks Road a distance of approximately 1.0 miles to the point of beginning. DISTRICT NO. 7 All of the Town of Caroline and all of the Town of Danby, and that part of the Town of Ithaca described as follows: Beginning at the intersection of the centerline of Danby Road (New York State Route 96B) and the southerly boundary of the Town of Ithaca; thence easterly along the southerly boundary of the Town of Ithaca a distance of approximately 1.2 miles to the centerline of Troy Road; thence northerly a distance of 3,054 feet, more or less, to the intersection with the centerline of East King Road; thence westerly along the centerline of East King Road a distance of approximately 1.4 miles to the intersection with the centerline of Danby Road (New York State Route 96B); thence westerly and southerly along the centerline of West King Road a distance of approximately 1.9 miles to the southerly boundary of the Town of Ithaca; thence easterly along the southerly boundary of the Town of Ithaca a distance of approximately 1.2 miles to the point of beginning. DISTRICT NO. 8 All of the Town of Newfield and that part of the Town of Enfield described as follows: Beginning at the southwesterly corner of the Town of Enfield; thence easterly along the southerly boundary of the Town of Enfield a distance of approximately 6.1 miles to the southeasterly corner of the 390 Tompkins County Proceedings Town of Enfield; thence northerly along the easterly boundary of the Town of Enfield a distance of approximately 3.7 miles to the intersection of the centerlines of Mecklenburg Road (New York State Route 79) and Sheffield Road; thence westerly along the centerline of Mecklenburg Road (New York State Route 79) a distance of approximately 6.2 miles to the intersection Buck Hill Road South, which is the westerly boundary of the Town of Enfield; thence southerly along the westerly boundary of the Town of Enfield a distance of approximately 4.3 miles to the point of beginning. DISTRICT NO. 9 All of the Town of Groton and those parts of the Town of Lansing and the Town of Dryden described as follows: Beginning in the northeasterly corner of the Town of Lansing; thence southerly along the easterly boundary of the Town of Lansing a distance of approximately 6.1 miles to the intersection with the centerline of Peruville Road; thence westerly along the centerline of Peruville Road a distance of 3,700 feet, more or less, to the intersection with the centerline of Van Ostrand Road; thence northerly along the centerline of Van Ostrand Road approximately 4.4 miles to the intersection with the centerline of North Lansing School Road; thence westerly along the centerline of North Lansing School Road a distance of 1,992 feet, more or less, to the intersection with the centerline of Breed Road; thence northerly along the centerline of Breed Road a distance of approximately 1.7 miles to the intersection with the centerline of Weeks Road, which is the northerly boundary of the Town of Lansing; thence easterly along the centerline of Weeks Road a distance of approximately 1.0 miles to the point of beginning Beginning in the northeasterly corner of the Town of Dryden; thence westerly along the northerly boundary of the Town of Dryden a distance of approximately 4.2 miles to the intersection with the centerline of Ed Hill Road; thence southerly and easterly 6,570 feet, more or less, along the centerline of Ed Hill Road to the intersection with the centerline of Hile School Road; thence easterly along the centerline of Hile School Road a distance of 2,912 feet, more or less, to the intersection with the centerline of Red Mill Road; thence northerly and easterly along the centerline of Red Mill Road a distance of 1,975 feet, more or less, to the intersection with the centerline of West Malloryville Road; thence easterly along the centerline of West Malloryville Road a distance of 4,172 feet, more or less, to the intersection with the centerline of Fall Creek Road; thence easterly along the centerline of East Malloryville Road a distance of 7,008 feet, more or less, to the intersection with the centerline of Gulf Hill Road; thence easterly along the centerline of Gulf Hill Road a distance of 3,375 feet, more or less, to the intersection with the centerline of Cortland Road (New York State Route 13); thence northeasterly 369 feet, more or less, along the centerline of Cortland Road (New York State Route 13) to the intersection with Old Dryden Road; thence northeasterly along the centerline of Old Dryden Road a distance of 2,805 feet, more or less, to the easterly boundary of the Town of Dryden; thence northerly along the easterly boundary of the Town of Dryden a distance of 3,675 feet, more or less, to the point of beginning. DISTRICT NO. 10 All of the Village of Lansing and all of the Village of Cayuga Heights, and that part of the Town of Ithaca described as follows: Beginning in the southwesterly corner of the Village of Cayuga Heights where it adjoins with the City of Ithaca and the Town of Ithaca; thence westerly along the southerly boundary of the Town of Ithaca a distance 1,653 feet, more or less, to the intersection with the corporate limits of the City of Ithaca which is also the centerline of Cayuga Street North; thence northerly long the corporate limits of the City of Ithaca a distance of approximately 4,600 feet to the northern corner of City of Ithaca, which is on the eastern side of Cayuga Lake; westerly across Cayuga Lake a distance of 3,207 feet, more or less, to the approximate center of Cayuga Lake, which said point is on a line due north of the centerline of Cayuga Inlet; thence northwesterly along the approximate centerline of Cayuga Lake a distance 4,043 feet, more or less, to the southwesterly corner of the Town of Lansing, which is also located in the approximate center of Cayuga Lake; thence easterly along the southerly boundary of Town of Lansing a distance of 3,542 feet, more or less, to the northwesterly corner of the Village of Cayuga Heights; thence southerly, 391 Tompkins County Proceedings easterly, and southerly along the westerly boundary of the Village of Cayuga Heights a distance of approximately 2 miles to the point of beginning. DISTRICT NO. 11 Part of the Town of Ithaca described as follows: Beginning at the northeasterly corner of the Town of Ithaca, where it adjoins with the Village of Lansing and the Town of Dryden; thence southerly along the easterly boundary of the Town of Ithaca a distance of approximately 5.7 miles to the southeasterly corner of the Town of Ithaca; thence westerly along the southerly boundary of the Town of Ithaca a distance of approximately 1.4 miles to the intersection of the centerline of Troy Road; thence northerly along the centerline of Troy Road a distance of approximately 1.4 miles to the intersection with the centerline of Coddington Road; thence northwesterly along the centerline of Coddington Road a distance of approximately 1.1 miles to the intersection with the boundary of the City of Ithaca; thence northeasterly, northwesterly, easterly, northerly, northeasterly, northwesterly, westerly, and northerly a distance of approximately 4.6 miles along the boundary of the City of Ithaca and Village of Cayuga Heights to the intersection with the southerly boundary of the Village of Lansing and the northeasterly corner of the Village of Cayuga Heights; thence easterly along the northerly boundary of the Town of Ithaca a distance of approximately 1.3 miles to the point of beginning. DISTRICT NO. 12 Part of the Town of Ithaca described as follows: Beginning at the southwesterly corner of the Town of Ithaca; thence northerly along the westerly boundary of the Town of Ithaca a distance of approximately 4.5 miles to the intersection with the centerline of Bundy Road; thence easterly along the centerline of Bundy Road a distance of approximately 2.2 miles to the intersection with the centerline of Trumansburg Road (New York Route 96); thence southeasterly along the centerline of Trumansburg Road (New York Route 96) a distance of 1,774 feet, more or less, to the City of Ithaca corporate limits; thence westerly and northwesterly along the City of Ithaca corporate limits a distance of 2,606 feet, more or less, to the northwesterly corner of Tax Parcel 503089-26.-8-1 (Tax Role Status Year 2011); thence southwesterly along the boundary of City of Ithaca a distance of 334 feet, more or less, to the northwesterly corner of Tax Parcel 500700-132.-1-25 (Tax Role Status Year 2011); thence southerly along the western line of the corporate limits of the City of Ithaca a distance of 9,800 feet, more or less, to a monument marking the corner of the corporate limits of the City of Ithaca, also known as the southwest corner of "DeWitt location" located approximately 315 feet west of the center line of Floral Ave, on the corporate limit; thence easterly, southerly, northwesterly, and southwesterly along the boundary of the City of Ithaca, as it twists and turns, a distance of approximately 3.8 miles to the intersection with the centerline of Coddington Road; thence southeasterly along the centerline of Coddington Road a distance of approximately 1.1 miles to the intersection with the centerline of Troy Road; thence southerly along the centerline of Troy Road a distance of 4,581 feet, more or less, to the intersection with the centerline of East King Road; thence westerly along the centerline of East King Road a distance of approximately 1.4 miles to the intersection with the centerline of Danby Road (New York State Route 96B); thence westerly and southerly along the centerline of West King Road a distance of approximately 1.9 miles to the southerly boundary of the Town of Ithaca; thence westerly along the southerly boundary of the Town of Ithaca a distance of approximately 2.4 miles to the point of beginning. DISTRICT NO. 13 Part of the Town of Dryden described as follows: Beginning at the northwesterly corner of the Town of Dryden, where it adjoins the Town of Lansing; thence southerly along the westerly boundary of the Town of Dryden a distance of approximately 10.3 miles to the southwesterly corner of the Town of Dryden; thence easterly approximately 3.0 miles along the southerly boundary of the Town of Dryden; thence northerly approximately 1.0 mile along the boundary of the Town of Dryden; thence easterly approximately 1.9 miles along the southerly boundary 392 Tompkins County Proceedings of the Town of Dryden to the intersection of Hollister Road and Midline Road; thence easterly and northwesterly 3.3 miles, more or less, along the centerline of Midline Road to the intersection with the centerlines of Ringwood Road and Mineah Road; thence northwesterly 2.1 miles, more or less, along the centerline of the Mineah Road to the intersection with the centerlines of Dryden Road (New York State Route 13) and Kirk Road; thence northerly 3,775 feet, more or less, along the centerline of Kirk Road to the intersection with the centerline of Main Street (New York State Route 366); thence northeasterly approximately 8,687 feet along the centerline of Main Street (New York State Route 366) to the intersection with the westerly boundary of the Village of Freeville; thence northerly approximately 3,335 feet along the westerly boundary of the Village of Freeville to the intersection with the centerline of West Dryden Road, a point which is also the northwestern corner of the Village of Freeville; thence easterly along the northern boundary of the Village of Freeville, 422 feet, more or less, to the intersection of Groton Road (New York State Route 38); thence northerly along the centerline of Groton Road (New York State Route 38) a distance of 2.1 miles, more or less, to the intersection of the Peruville Road, which is the northern boundary of the Town Of Dryden; thence westerly approximately 4.7 miles along the northerly boundary of the Town of Dryden to the point of beginning. DISTRICT NO. 14 Part of the Town of Dryden described as follows: Beginning at the southeasterly corner of the Town of Dryden; thence westerly approximately 4.8 miles to miles along the southerly boundary of the Town of Dryden to the intersection with Midline Road; thence easterly and northwesterly 3.3 miles, more or less, along the centerline of Midline Road to the intersection with the centerlines of Ringwood Road and Mineah Road; thence northwesterly 2.1 miles, more or less, along the centerline of the Mineah Road to the intersection with the centerlines of Dryden Road (New York State Route 13) and Kirk Road; thence northerly 3,775 feet, more or less, along the centerline of Kirk Road to the intersection with the centerline of Main Street (New York State Route 366); thence northeasterly approximately 8,687 feet along the centerline of Main Street (New York State Route 366) to the intersection with the westerly boundary of the Village of Freeville; thence northerly approximately 3,335 feet along the westerly boundary of the Village of Freeville to the intersection with the centerline of West Dryden Road, a point which is also the northwestern corner of the Village of Freeville; thence easterly along the northern boundary of the Village of Freeville, 422 feet, more or less, to the intersection of Groton Road (New York State Route 38); thence northerly along the centerline of Groton Road (New York State Route 38) a distance of 2.1 miles, more or less, to the intersection of the Peruville Road, which is the northern boundary of the Town Of Dryden; thence easterly approximately 4,830 feet along the centerline of Peruville Road, which is also the northern boundary of the Town of Dryden, to the intersection with the centerline of Ed Hill Road; thence southerly and easterly 6,570 feet, more or less, along the centerline of Ed Hill Road to the intersection with the centerline of Hile School Road; thence easterly along the centerline of Hile School Road a distance of 2,912 feet, more or less, to the intersection with the centerline of Red Mill Road; thence northerly and easterly along the centerline of Red Mill Road a distance of 1,975 feet, more or less, to the intersection with the centerline of West Malloryville Road; thence easterly along the centerline of West Malloryville Road a distance of 4,172 feet, more or less, to the interception with the centerline of Fall Creek Road; thence easterly along the centerline of East Malloryville Road a distance of 7,008 feet, more or less, to the intersection with the centerline of Gulf Hill Road; thence easterly along the centerline of Gulf Hill Road a distance of 3,375 feet, more or less, to the intersection with the centerline of Cortland Road (New York State Route 13); thence northeasterly 369 feet, more or less, along the centerline of Cortland Road (New York State Route 13) to the intersection with Old Dryden Road; thence northeasterly along the centerline of Old Dryden Road a distance of 2,805 feet, more or less, to the easterly boundary of the Town of Dryden; thence southerly approximately 8.4 miles along the easterly boundary of the Town of Dryden to the point of beginning. §28-3. Election of County Legislators. One County Legislator shall be elected from each of the above Districts 1 through 14 inclusive. 393 Tompkins County Proceedings §28-4. Construal of provisions. Nothing herein shall be so construed as to create any vacancies in any public office. Section 3. This local law shall become effective January 1, 2014. 2013 TOWN BUDGET SUMMARIES Tompkins County Proceedings Town of Caroline 2013 Budget Summary FUND APPROPRIATIONS REVENUES UNEXPENDED TO TAX RAISE RATE 2013 2013 2013 2013 /1000 GENERAL A 660,624 152,622 135,000 373,002 1.810 HIGHWAY DA 1,080,534 223,950 15,000 841,584 4.083 DEBT SERVICE 66,500 0 2,000 64,500 0.313 TOTAL FOR TOWN W/O SPECIAL DIST 1,807,658 376,572 152,000 1,279,086 6.205 SPECIAL DISTRICT 2013 ADOPTED BUDGET 1..t11N.VL11vri riles $75,539 $0 $200 $75,339 1.545 CAROLINE LIGHTING SL1 $7,000 $0 $1,000 $6,000 0.028 TOTAL DISTRICTS $82,539 $0 $1,200 $81,339 TOTAL W/SPECIAL DIST $1,890,197 $376,572 $153,200 $1,360,425 NONTAX TOWN ITEMS Brooktondale Fire District $139,775 1.344 31illW[V111C rnu T,: $90,940 1.459 396 Tompkins County Proceedings Town of Danby 2013 Budget Summary APPROPRIATIONS ESTIMATED UNEXPENDED AMOUNT TO BE FUND RAISED BY REVENUE BALANCE TAX A GENERAL FUND - TOWNWIDE $784,110.00 $94,106.00 $25,000.00 $665,004.00 DA HIGHWAY FUND - TOWNWIDE $1,077,505.00 $132,069.00 $40,000.00 $905,436.00 TOTAL TOWN $1,861,615.00 $226,175.00 $65,000.00 $1,570,440.00 SPECIAL DISTRICTS SF DANBY FIRE $381,998.00 $0.00 $0.00 $381,998.00 SW WEST DANBY WATER DISTRICT $65,854.00 $13,525.00 $0.00 $52,329.00 TOTAL SPECIAL DISTRICTS $447,852.00 $13,525.00 $0.00 $434,327.00 GRAND TOTAL $2,309,467.00 $239,700.00 $65,000.00 $2,004,767.00 397 Tompkins County Proceedings Town of Dryden 2013 Budget Summary AMOUNT TO BE A W F�I 0 0000 a1 O kr) N 64 0 N M o0 N M O - 69 0 © 64 0 © 64 $1,288,506.00 SPECIAL DISTRICTS 2013 ADOPTED BUDGET 0 0 v'; In 00 a1 VD 00 64 0 0 V'; N — V 64 0 0 to is ,- I M 64 0 0 L(3kr;v; o0 N EA 0 0 00 .-, 01 VD M 0 0 r N N 64 0 0 O V') , ,--i N 69 0 0 kr; O s N 69 $45,378.00 0 0 O O 00 N .D 69 0 0 O kr) 00 N 64 0 0 v'; O a1 M ,--1 64 0 0 tri k('1 M - -1 69 0 0 O N 01 64 $43,475.001 0 © O O O M 69 $23,315.001 © © O O O ,-1 69 $1,540,153.00 0 0 a1 kr)�D C 00 N 00 N 64 UNEXPENDED FUND BALANCE O O - co N O 71- 00 64 O O © O V) a; N 69 O O 00 M V) o0 ,- 64 $510,732.00 O O . N 01 \O .-- 64 00000000000000 00000000000000 0 O O O N b9 0 64 0 69 0 69 0 69 0 69 0 O O N 64 0 69 0 O O O —i 64 0 64 0 69 0 69 0 69 0 64 00000 000000 0 69 0 O .-I M 64 0 69 0 69 0 O ,-i V') M 64 O r - O O O 64 ESTIMATED REVENUES 0000 0000 N N 00 VO O M ,--1,-- 69 © O kr) N 7r 64 M a1 VD N ,--- 64 © V) . kr 01 ,-I i 69 0 O M .--1 7r., M V') O cn 64 $2,162.00 0 0000000000000 tri N EA 0 kr; N 64 0 to •--i 64 0 to VD N ,- 64 0 V3 NO M 00 69 0 O N VD 64 0 © O- N S s -- ,( 64 0 S S N N 64 0 0 00 M ,- N EA 0 0 M N 69 0 0 O 01 69 0 0 O �D S N EA 0 0 M 00 N EA 0 00 0 V1 VD O N 64 0 0 kr) M 01 69 $31,600.00 O O © © O N 64 O O 4 O O ken `1 -In 64 O O r - k 711 cn O t n 69- 4O APPROPRIATIONS 0 O a, vO N a1 M N 69 $1,491,837.00 $311,474.00 O O N 00 o0 kin' © S 69 O O O 01 00 O © 01 69 0000000000 0 5 . O N.' al 00 EA 0 0 O NN 69 0 0 O M 69 0 0 O N N 69 0 0 In a1 O N rn 69 0 0 kn VD ken ,-� 64 0 0 kn m 00 69 0 V7 O VD © N 69 0 kr; N ,--i 00 N 69 0 0 O ,--1 d= 00 64 00.05 i `S$ 000 0 v'; © 00 ,-, 64 0 kr; "n 01 ,-1N a1 69 0 O O O •--, 69 00000 0 v; N vD 69 0 © kn 4') ,� 69 0 v; ,-- 01 V') 69 0 O O O a1 ,� 69 0 s a1 N kri N O N 69 $7,932,187.00 A 6 A GENERAL TOWNWIDE IDA HIGHWAY TOWNWIDE B GENERAL OUTSIDE DB HIGHWAY OUTSIDE TOTAL FOR TOWN W/O SPECIAL DISTRICTS SF 1 DRYDEN FIRE SL 1 VARNA LIGHTING SL2 ETNA LIGHTING SL3 MEADOW/LEISURE LIGHTING SM AMBULANCE DISTRICT SS1 SAPSUCKER SEWER SS2 VARNA SEWER SS3 CORTLAND ROAD SEWER SS4 MONKEY RUN SEWER SS5 TURKEY HILL SEWER 1SS6 PEREGRINE HOLLOW SEWER SS7 ROYAL ROAD SEWER SW1 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 398 Tompkins County Proceedings Town of Enfield 2013 Budget Summary ADOPTED 2013 FUND BUDGET GENERAL FUND APPROPRIATIONS $546,186.23 LESS ESTIMATED REVENUES $396,186.23 LESS APPROPRIATED FUND BALANCE $150,000.00 TOTAL TO BE RAISED IN TAXES $338,186.23 HIGHWAY FUND APPROPRIATIONS $709,801.12 LESS ESTIMATED REVENUES $694,801.12 LESS APPROPRIATED FUND BALANCE $15,000.00 TOTAL TO BE RAISED IN TAXES $612,900.00 TOWN TOTAL TO BE RAISED IN TAXES $951,086.23 TAX RATE 5.567486 ASSESSED VALUE TOTAL $170,828,672.00 TOWN OF ENFIELD FIRE PROTECTION DISTRICT APPROPRIATIONS $323,975.12 LESS ESTIMATED REVENUES $321,975.12 LESS APPROPRATED FUND BALANCE $2,000.00 TOTAL TO BE RAISED IN TAXES $321,975.12 TAX RATE 1.818333 ASSESSED VALUE TOTAL $177,071,596.00 399 Tompkins County Proceedings Town of Groton 2013 Budget Summary AMOUNT TO BE RAISED BY TAX $398,503.00 0 a1 OM1 00 M .--i 69 o o O 000 01 00 kr) 69 $249,250.001 O 0 (Ni \O r— M i 69 Cs O 000 M 69 0 O NN N 69 O O t!1 O '--.1 69 $91,107.001 $202,107.00 $1,578,599.00 UNEXPENDED FUND BALANCE $180,000.00 O O O 0000 O 71- 69 O O O N ,--I 69 O O O 06 M 69 O O O O N 1- 64 O O 69 O O 69 O O 69 O O 69 ESTIMATED REVENUE $99,650.00 O O O V7 M N 0 64 O O O O kr) O 00 69 l� 01 M N N 64 $466,897.00 O O 69 O 69 O O 69 O 69 O O 69 $2,465,496.00 $466,897.00 APPROPRIATIONS $678,153.00 $241,289.00 O O O O N M 00 69 Cs N ,--i V7 64N O O 01 00 M \O N 69 O 0 0 M 69 O 0 O N 69 0 00 V) O --1 69 O N O ,--1- 01 69 $202,107.00 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 Q PP Q •--i CA N CA ,--1 CCA N CA 400 Tompkins County Proceedings rTown of Ithaca 2013 Budget Summary AMOUNT TO BE RAISED BY TAX o 00 . 0 ovs N ,O N N N EA o . 0 o 0 . 0 o M O\ O, C 00 $758,212.001 0 0,0000 O, ,O c O, 00 0 0 69 0 0 0 0 ds 0 00 o0 M M N 69 0 0 0 0 Vl V1 ,O V M 69 0 0 0 0 - N 69 0 0 0 ,0)0, 69 0 0 0 0, e9 0 O 0 o O, ,64 $225.001 0 o 0 O l� 69 0 0 0 O 00 69 0 0 o o V. N 69 0 0 0 0 V1 69 $3,476,825.00 $7,708,206.00 UNEXPENDED FUND BALANCE 0 O l- 0 7 l� O, 669 ct 0 O O �O 7 N .-. 69 0 O O �O M E0 ,O 69 0 OO v-, l� O O N 6 69 0 r. M N 0 EA 6 O O 0 0 vl Q, 69 0 O 0 0 f 69 0 O 0 Vl ,O t` I----- - 69 0 O V - 00 6�9 O 0000 0 0 N O 0 6N 9 0 0 O M 69 0 0 O -• 69 0 0 Vl 69 0 O O O M 69 $45.00 0 000 O O_ 69 0 O O 69 0 O 0 69 0 000 O 0 N 69 O vn 0 En o0 Q, 69 0 a, ,O ,O O, r 499 ESTIMATED REVENUE $2,649,300.00 $1,257,650.00 0 00 . 0 0 NEED l- N 69 $3,528,000.00 0 0 On [ O N 69 0 0 O O9 En N 69 0 o O 6 0 O a1 N. l�N V) 69 0 0 criN O ^. 00 N 69 $42,200.00 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 0 69 0 0 . 0 O N CY 69 $12,863,229.00 APPROPRIATIONS 0 O 0 OOi N N 7 En 69 0 0 O - O l� V r. 69 0 O O O N- l� l— M 59 0 O r9 _M -. 0 - 69 0 0 0 En 8- 7 N 69 0 O 0 0 Er, - .-. 69 0 O 0 0 vl 4 69 0 O N N O I� r 69 0 0 00 00 O M O n , ^. 69 O O 0 0 0 n M 69 O O 0 OV N 69 © O 0 n 69 O O 0 O_ 49 69 O O 0 0 N 69 O O 0 N 69 © O 0 00 69 © O 0 O 69 0 O O C N 69 0 O 0 0 , 69 0 O 0 En N O N M M 69 0 O . 0 O_ V1 N N 69 FUNDS GENERAL FUND TOWNWIDE GENERAL FUND PART TOWN HIGHWAY FUND PART TOWN WATER FUND SEWER FUND RISK RETENTION FUND INLET VALLEY CEMETERY DEBT SERVICE TOTAL TOWN SPECIAL DISTRICTS FIRE PROTECTION FUND FOREST HOME LIGHT DISTRICT F• 0 00 4 E. Z c7 a W Ca Z w a c7 RENWICK HGTS LIGHT DISTRICT EASTWOOD COMMONS LIGHT DISTRICT CLOVER LANE LIGHT DISTRICT WINNER'S CIRCLE LIGHT DISTRICT BURLEIGH DRIVE LIGHT DISTRICT WEST HAVEN ROAD LIGHT DISTRICT CODDINGTON ROAD LIGHT DISTRICT TOTAL SPECIAL DISTRICTS GRAND TOTAL 401 Tompkins County Proceedings Town of Lansing 2013 Budget Summary AMOUNT TO BE RAISED BY TAX en . v5 s O 00 r-- N 69 O . O 69 . S N N N v) 00 69 o . O Efi o . O 69 $1,630,853.701 O . O O 00 r+ 69 0 . O O O 00 0 . O 69 0 . o0 V0 vn N O V) 69 0 . O 69 0 . O 64 0 . O Efl 0 . O 69 0 . O 69 $3,345.001 O . M ,� N - VD o0 v) 69 $2,217,066.70 UNEXPENDED FUND BALANCE 0 000000O © © N- l- N 69 0 00 cs, O , . 6�4 0 O. 69 0 O O VO N 69 0 O 69 0 O 00. 01 M M Vim') 69 O O O 69 00.00S$ 0 00000000000 0 O v) 69 0 0 69 0 0 69 0 0. 69 0 0 69 0 0 69 0 0. 64 ,--i .0 01 M Ol 69 O 69 ,--- ,:i 01 M O EA N. 01 l M DO EA ESTIMATED REVENUE $748,319.00 O OMOOM O O N 00 O 00 ,-- 69 --I 0 . ^ N IN •--1 69 0 vi 7r l� ,--1 O O ,-y 69 0 O 69 ,--i O CO M ,--, ,--1 N 69 000000000000,--i O 0. 69 O 0. -604 O 0 69 O 0 N N 69 O 0. O 01 01 69 O 0 69 O 0 69 O 0 69 O 0 69 O .O N VD M 01 N 69 O 69 O vi Cl M l- ,--i 00 EA M kr; O r- N N 01 N 69 % INCREASE 0.00% 0.00% APPROPRIATIONS M ,--q . � 01 O N1 ,-_ 69 O O . oo 01 N. 01 N 69 00 DO . M 01 00 NO ,--i 69 $1,236,345.00 O O . O 69 $4,294,632.01 0 0 . O O 00. ,--i 69 0 0 . O O O 40 69 0 0 . O O v? 00 69 0 0 . O WI N 6N9 0 0 . 0o VD 01 \O O ,-ti 69 0 0 . O 69 0 0 . O 69 0 0 . O 69 0 0 . O 69 ,--4 0 . a1 VD O M M (� $3,345.00 ,--4 O . N M 01 M en 69 N O . VD u n 00 N V7 69 M eq 0 N in O 00 M• .--1 1.3805 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 WOODLAND PARK DRAINAGE DISTRICT TOTAL SPECIAL DISTRICTS GRAND TOTAL TAX RATE WHOLE TOWN PART TOWN Q al Q> Caii ii] 00 00 00 A A A A 00 A 402 Tompkins County Proceedings Town of Newfield 2013 Budget Summary FUND APPROPRIATIONS LESS LESS AMOUNT TO ESTIMATED UNEXPENDED BE RAISED BY REVENUES BALANCE TAXES GENERAL $650,190.00 $108,267.00 $2,855.00 $539,068.00 RECREATION $94,801.00 $69,482.00 $0.00 $25,319.00 HIGHWAY $1,274,000.00 $161,200.00 $120,001.00 $992,799.00 TOTAL $2,018,991.00 $338,949.00 $122,856.00 $1,557,186.00 SPECIAL DISTRICTS FIRE-SF1 $351,711.00 $0.00 $0.00 $351,711.00 LIGHT-SL1 $17,500.00 $0.00 $17,016.00 $484.00 WATER-SW1 $110,229.00 $79,925.00 $30,304.00 $0.00 WATER-SW2 $169,042.00 $32,020.00 $0.00 $137,022.00 SEWER-SS1 $67,643.00 $64,052.00 $3,591.00 $0.00 TOTAL $716,125.00 $175,997.00 $50,911.00 $489,217.00 GRAND TOTAL $2,735,116.00 $514,946.00 $173,767.00 $2,046,403.00 403 Tompkins County Proceedings Town of Ulysses 2013 Budget Summary a) c OA 0 p ~O ,sN o �o M c:© 00 -4 M 0 N O 8.2% 3.5% 53.6% 0 V7 4 c:';'''•! t --N 0 N 0 01 O M 0 O O O 0 N oo 0 V1 M 53.6%I 0 \O 4 0 01 ,--, 0 M M --� N t) -. to O N UE -$27,358 M 01 r- O 7r00 .-1 69 oo ,--, oo b9 $13,627 9L1`L$ TL0`ii$ $25 N oo 00 t: ,--1 69 V'1 11- s 8:r7 64 N r- O 01 69 M 01 M 64 N M ,1 64 O M t` ,--r .--4 64 ti0 t- - r 69 ,-. N- O - 64 $25 -$240,827 'C , a) N tio M CI.,, --I 0 O -00 - N = 00 01 V) O t� 69 N kr) 0\ N 00 kr) 69 --4 t� t ----V0 kri Co M bR VD 01 CT t� ,--I 59 00 O V') M EA N V) O N 64 ,--4 VD t� ,--- In N 69 $1,369 $2,513,208 V)) N 00 t� M 69 $384,563 -4 t� N 00 M bR V7 01 t--- ,--4 69 00 O In M 6.3 V7 t� V) O N 64 ,--4 \O t---„ ,-1 V) N 69 01 VD M - 64 VD 71- O - V7 0 69 al +-, •E OUA M E"C O •--i N U 1." O• 00 01 V7 O t- 69 N 01 N 00 kr) 69 N t V) 0o M 69 V7 01 '.O 01 N ,- 4 6R 00 •dam O V) M 69 t--- kr) O N 64 V7 l- O V) N 64 a1 M ,-1N 69 00 O N --4b kr) N EA N 00 M 69 $384,563 O Ef3 VD 01 VD 01 t.-- ,- 4 64 In 00 O V) MEA 64 V7 N kr) O N ,--101 \o t-- O V) N 64 V7 M -� 64 l - N VD 'r 69 Tentative Budget 2013 $732,559 $582,324 $392,652 V3 01 VD 01 N ,--- Ef3 0\ O --i O V) M 64 V3 t� V) O N EA- ,� V0 t- O V'1 N Er3 C\ VD M ,� Ef3 VD O O ,� V) N 69 $376,825 M V) 00 M EA O 64 VD 01 VD c:7' s - EA 01 O ,-1 V'1 M 64 V0 t� V'1 O N 69 --4 t� O V) N &I 01 '.o M -+ ER 01 01 00 M VD In ti 69 d' ti N '•-+ © N U 1 MCT V) 01 ,--� 00 69 --i 0\ 00 71-00 N 64 M V) 01 ch M EA. t- s ,-1 t� 00 EA t- 01 01 O N 64 00 00 N O ,--101 64,--4\D N 00 V7 E'3 01 ,--1 ,- i EA N O M O N 69 00 01 V0 V7 O N 64 ,--I O ,--i V) M ,--1 Ef3 M V 7 01 7r 00 M ER —1 01 N s EA- V7 00 V� M M ,-- E4 M M M O ,-, Ei3 t- M , -, O N 64 N -+ 69 00 VD V) 'd' ^' 64 2012 Modified Budget VD V) 0\ t� V7 N 69 01 V) -, N dt 69 M V1 01 00 M 64 01 V7 O \0 ,--I 64 V) s 00 M M 6R O O 7r M ,--, 69 O 01 v7 01 M N 69 $1,344 $2,354,326 O N O N V7 M 64 --1 N o0 M 0\ N 64 M V'1 0\ 00 M 69 0\ O V7 V7 --i 69 $338,755 O O V M ,--I 64 O 01 vz, 0\ M N 64 $1,344 (NI O -+ to O 00 1—; 64 y� N ,_,O ›" a. �, U O a- N , --1t--- M 01 VD 64 VO O N 01 N 69 1/4c) V7 Et kn VD M 64 V) V) O M d" ,--( 69 00 00 00 N EA $14,329 MCT N N M N 64 0\ N ,--4 69 V0 \O N N M O N Ef3 M01 00 O � 00 M 69 $208,351 M0 01 00 t— M 64 01 N V) --i 64 $292,882 $14,384 ,-1 ,--1 00 S. ,--4 N 64 71- 00 N 69 M, t N . V? _ .e,3 FUND CODE DA SF SW SW3 SW4 DA SF SW3 SW4 69 w Appropriations General 3 4 on Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1&2 Water District 3 Water District 4 Appropriation Revenues General Highway Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1 &2 Water District #3 Water District #4 Revenue TOTALS 404 Tompkins County Proceedings Town of Ulysses 2013 Budget Summary - Page 2 W % Change from Current Year -10.18% 32.05% -1.25% * * * * * * * * * * * * * * * * * * * * $0 $0 0.00000 ***** $947,933 Current Tax Rate: $ per Thousand 0.91680 0.34010 O VD Implied Tax Rate: $ per Thousand 0.8235 0.44910 1.13220 0.00000 0.00000 0.00000 0.00000 Taxable Assessed Value $441,742,533 $441,742,533 0 0 71- M 69 69 69 64 664 TAX RATE SCHEDU] Less Less Fund Balance Amount to Estimated & Approp. be Raised FUNDS Appropriations Revenues Reserves by Tax $363,773 00 M 06 00 01 ,--, 69 S I"- 00 M 69 69 64 64 64 Inc. in A revenue Inc. in DA revenue 64 69 64 69 69 69 64 $376,825 Cr) V3 00 M 64 O R VD \O N .--i 64 V) kr) M 69 N N 64 ^-I Ln N 64 01 Cr)., 69 V) N �D ,� 69 00 01 O �' r-- 6R $582,952 .-i 00 M 69 VD VD 01 N ^--- 69 kr) O N M 6R VD O N 69 •--, VD N 64 01 - 69 00 NN M ,.- i N General Highway Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1 &2 Water District #3 SW4 WATER DISTRICT (4 0 405 Tompkins County Proceedings City of Ithaca 2013 Budget Summary APPROPRIATIONS TOTAL GENERAL WATER SEWER SOLID WASTE FUND FUND FUND FUND GENERAL GOVERNMENT SUPPORT $4,997,981 $4,641,821 $164,832 $191,328 $0 PUBLIC SAFETY $14,237,964 $14,237,964 $0 $0 $0 TRANSPORTATION $4,788,699 $4,788,699 $0 $0 $0 ECONOMIC DEVELOPMENT $61,000 $61,000 $0 $0 $0 CULTURE & RECREATION $4,979,330 $4,979,330 $0 $0 $0 HOME & COMMUNITY SERVICES $7,002,958 $874,396 $2,291,356 $3,396,337 $440,869 EMPLOYEE BENEFITS $18,331,833 $15,408,261 $1,013,839 $1,743,540 $166,193 DEBT SERVICE $7,962,367 $6,676,678 $490,843 $782,507 $12,339 INTERFUND TRANSFERS $52,301 $52,301 $0 $0 $0 TOTAL APPROPRIATIONS $62,414,433 $51,720,450 $3,960,870 $6,113,712 $619,401 ESTIMATED REVENUES REAL PROPERTY TAX ITEMS $20,799,901 $20,799,901 $0 $0 $0 NON -PROPERTY TAX ITEMS $13,460,806 $13,460,806 $0 $0 $0 DEPARTMENTAL INCOME $18,492,599 $7,994,217 $3,924,170 $6,007,212 $567,000 USE OF MONEY & PROPERTY $376,100 $373,500 $1,500 $1,000 $100 LICENSES & PERMITS $900,733 $900,733 $0 $0 $0 FINES & FORFEITURES $1,191,000 $1,191,000 $0 $0 $0 SALE OF PROPERTY AND COMPENSATION FOR LOSS $367,200 $356,500 $5,200 $5,500 $0 MISCELLANEOUS $1,297,176 $1,297,176 $0 $0 $0 INTERFUND TRANSFERS $1,988,553 $1,806,252 $30,000 $100,000 $52,301 STATE AID $3,225,733 $3,225,733 $0 $0 $0 FEDERAL AID $15,000 $15,000 $0 $0 $0 TOTAL ESTIMATED REVENUES $62,114,801 $51,420,818 $3,960,870 $6,113,712 $619,401 APPROPRIATED SURPLUS $299,632 $299,632 $0 $0 $0 TOTAL REVENUES $62,414,433 $51,720,450 $3,960,870 $6,113,712 $619,401 BALANCE OF APPROPRIATIONS TO BE RAISED BY REAL PROPERTY TAXES TAXABLE ASSESSED 2013 TAX TAX LEVY PROPERTY VALUE RATE $1,536,536,783 13.0800 $20,097,901 406 EXHIBIT A 2013 Tompkins County Budget and Capital Program CONSTITUTIONAL TAX MARGIN and DEBT LIMIT Adopted 2013 Budget Constitutional Tax Margin Total Taxing Power Net Tax Levy Tax Margin Available % of Taxing Power - 2013 % of Taxing Power - 2012 % of Taxing Power - 2011 94,905,601 35,585,220 59,320,381 37.50% 32.48% 32.24% 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, 327, 040, 063 *Includes bonds issued for Community College - financed with Cortland County Constitutional Debt Limit Debt Limit Total Indebtedness* Debt Capacity Available % of Debt Limit - 2013 % of Debt Limit - 2012 % of Debt Limit - 2011 of Debt Limit - 2010 442,892,804 49,513,931 393,378,873 11.18% 12.17% 11.78% 14.17% 2013 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 (35,443,776) 35,443,776 delinquent taxes, and other non -departmental revenue 2 Original agency and departmental budget requests 176,471,195 (95,931,941) 80,539,254 3 Recommended changes made by the County Administrator and (219,670) 22,790 (196,880) Expanded Budget Committee 4 Adopted 2013 Budget (sum of Lines 2 - 3) 176,251,525 (131,352,927) 80,342,374 5 Solid Waste Fund Balance & Other Fund Balance 368,770 (368,770) 0 Unallocated Revenues - Sales Tax, Interest Income, Rent on County 6 owned properties, Payments in Lieu of Tax, Interest & Penalties on (35,443,776) delinquent taxes, and other non -departmental revenue 7 Appropriation from General Fund for authorized use of residual (192,332) (surplus) departmental funds 7 Appropriation from General Fund for non-recurring expenditures and (1,055,405) multi-year funding 10 Appropriation from the General Fund to Reduce the Tax Levy (65,000) 8 Gross Real Property Tax Levy (the amount billed to owners of taxable real property) 43,778,193 Purpose Bonds ADOPTED STATEMENT OF DEBT as of December 31, 2012 Date of Issue Date of Maturity Rate of Interest Outstanding Balance 2003 Refunding 2004 Refunding Series A 2005 Bonds 2006 Bonds 2007 Bonds 2010 Bonds 2012 Bonds BANS 4/15/03 12/8/04 3/1/05 3/1/06 3/1/06 12/15/10 2014 2020 2020 2014 2027 2025 Total Bonds 2.00%-4.50% 2.5%-5.0% 3.375%-4.0% 3.35%-3.50% 3.625%-4.0% 3.0%-4.25% $1,455,000 $10,760,000 $2,045,000 $1,975,000 $4,675,000 $16,860,000 $3,150,000 $40,920,000 Solid Waste Facility Retrofit Federal HWY Projects Long Term Leases 7/15/12 7/15/12 7/15/13 7/15/13 Total BANS 0.41% 0.41% $1,000,000 $1,500,000 $2,500,000 Public Safety Communications Energy Performance Contract Human Services Annex Mortgage Total Long Term Debt 3/30/06 3/8/06 2/22/11 9/30/16 3/8/20 2/22/25 Total Leases 3.75% 1.71% 4.04% $3,734,376 $1,841,442 $518,113 $6,093,931 $49,513,931 STATEMENT OF RESERVES as of January 1, 2012 INSURANCE RESERVE January 1, 2012 Balance 2012 Appropriation Known and Estimate Expenses through 12/31/12 Interest Earned and Recoveries through 12/31/12 Estimated Balance at 12/31/12 Reserve for Indemnification & Expenses, 1/1/13 and beyond Personnel - Arbitrations Assessment Litigation All Other Judgments Estimated Interest and Recoveries 2013 Appropriation Estimated Balance at 12/31/13 $ 884,207 320,000 (125,000) 1,800 $ 1,081,007 $ (49,000) $ (15,000) (25,000) (250,000) 2,000 320,000 $ 1,064,007 TOMPKINS COUNTY TAX DISTRIBUTION TABLE Adopted 2012 Assessed Value for 2013 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 195,452,652 1,328,208.17 664,000.00 ** 664,208.17 30.34 1,317.40 665,555.92 Danby 250,306,514 1,700,970.31 682,000.00 ** 1,018,970.31 38.85 1,317.40 1,020,326.57 Dryden -- Outside the village 760,335,266 5,166,895.95 0.00 5,166,895.95 118.02 4,830.47 5,171,844.45 Dryden -- Vill. of Dryden 106,579,768 724,268.09 724,268.09 16.54 724,284.63 Dryden -- Vill. of Freeville 24,671,171 167,654.16 0.00 167,654.16 3.83 167,657.99 Total 891,586,205 6,058,818.20 0.00 6,058,818.20 138.40 6,063,787.07 Enfield 168,686,566 1,146,317.91 656,000.00 490,317.91 26.18 878.27 491,222.36 Groton -- Outside the village 170,332,988 80,373,757 1,157,506.25 460,000.00 ** 697,506.25 26.44 2,195.67 699,728.36 Groton -- Village of Groton 546,183.85 0.00 546,183.85 12.48 546,196.32 Total 250,706,745 1,703,690.10 460,000.00 1,243,690.10 38.92 1,245,924.69 Ithaca -- Outside the village 899,308,248 379,716,368 6,111,293.73 0.00 6,111,293.73 139.60 6,587.01 6,118,020.33 Ithaca -- Village of Cayuga Heights 2,580,381.38 0.00 2,580,381.38 58.94 2,580,440.32 Total 1,279,024,616 8,691,675.11 0.00 8,691,675.11 198.54 8,698,460.66 Lansing -- Outside the village 718,578,586 458,543,208 4,883,136.36 0.00 4,883,136.36 111.54 3,513.07 4,886,760.97 Lansing -- Village of Lansing 3,116,053.07 0.00 3,116,053.07 71.18 3,116,124.25 Total 1,177,121,794 7,999,189.43 0.00 7,999,189.43 182.72 8,002,885.23 Newfield 250,818,764 1,704,451.33 900,000.00 ** 804,451.33 38.93 1,756.54 806,246.80 Ulysses -- Outside the village 327,650,656 114,559,827 2,226,566.26 0.00 2,226,566.26 50.86 1,756.54 2,228,373.65 Ulysses -- Village of Trumansburg 778,496.98 0.00 778,496.98 17.78 778,514.76 Total 442,210,483 3,005,063.23 0.00 3,005,063.23 68.64 3,006,888.41 City of Ithaca 1,536,271,523 10,439,809.20 0.00 10,439,809.20 238.47 7,904.41 10,447,952.08 TOTAL 6,442,185,862 43,778,193.00 3,362,000.00 40,416,193.00 1,000.00 32,056.78 40,449,249.78 2013 TAX RATE** $3.4052 $4.0763 $6.8021 $6.7957 $2.9120 $4.1080 $6.7957 $6.8030 $6.7957 $6.8006 $6.7957 $3.2145 $6.8011 $6.7957 $6.8008 $5.7135 12/14/2012 - 3:15 PM 5 Year Capital and Debt Program Debt Service (on going) Capital Program local total 2013 2014 2015 2016 2017 DEBT SERVICE TOTAL 4,505,115 4,647,769 4,151,874 4,158,706 3,186,205 Discretionary BAN Federal Aid Projects Anticipated Bond (20 yrs at 4%, 15 yrs at 3.5%, 5 yrs Ellis Hollow Road (Phase II) Dodge Road Bridge Replacement Freese Road Bridge Game Farm Road Bridge Replacement Malloryville Road Bridge Peruville Road and Safety Improvements Seneca Road Bridge Replacement Waterburg Road Bridge Reconstruction Facility Restoration Project Capital Maintenance TBD Onetime Aquifer Study HR/Payroll System Upgrade TCAT Construction 2,415,000 150,000 150,000 150,000 150,000 150,000 at 2.5%) 3,800,000 133,000 352,884 592,000 20,720 55,009 1,888,000 75,520 161,564 158,052 825,000 33,000 102,632 169,552 202,984 1,400,000 56,000 119,798 117,194 114,590 400,000 16,000 34,228 33,484 761,200 26,642 70,658 72,234 70,849 73,874 1,395,000 47,250 125,359 128,078 125,689 131,041 2,350,000 94,000 201,114 196,742 192,370 2,301,737 600,000 76,689 77,255 77,255 77,255 77,255 77,255 DISCRETIONARY TOTAL 377,836 456,272 792,631 1,106,793 1,391,543 CURRENTLY PLANNED TOTAL 4,882,951 5,104,041 4,944,506 5,265,499 4,577,748 Future Planning Anticipated Bond (20 yrs at 3%, 15 yrs at 2.5%, 5 yrs Health Department - Bus worthy road Bostwick Rd Storm Sewer South Street Erosion Fuel Island Courthouse Renovations Public Safety Renovations (Phase I) Public Safety Renovations (Phase II) Public Safety New Building Center of Government Feasibility Telephone VoIP TCAT Library TC3 Master Plan Information Technology Inititatives Legislature Move to Old Courthouse Facilities - Future Deferred Maint. - round 2 Facilities - Future Deferred Maint. - round 3 Facilities - Future Deferred Maint. - round 4 Highway Maintenance Round 1 Highway Maintenance Round 2 Highway Maintenance Round 3 at 1.0%) 350,000 1,000,000 2,000,000 400,000 3,000,000 1,300,000 2,500,000 25,000,000 125,000 467,000 3,000,000 500,000 940,000 250,000 950,000 2,400,000 2,400,000 2,400,000 6,000,000 9,000,000 12,000,000 50,000 10,000 33,266 0 130,000 25,000 166,328 34,296 90,000 130,000 5,250 83,164 171,480 33,864 227,442 130,000 37,500 11,675 38,837 40,041 90,000 23,500 7,500 28,500 72,023 78,174 18,953 70,698 80,596 18,605 69,372 30,000 129,797 232,685 FUTURE PROJECTS TOTAL 0 38,500 357,964 782,083 1,219,997 GRAND TOTAL 4,882,951 5,142,541 5,302,469 6,047,582 5,797,745 Fund A: GENERAL FUND NYS Unit: 1010 - LEGISLATURE 51000002 BOARD MEMBER 51000006 LEGISLATOR 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 0 0 0 0 0 0 0 0 289,933 289,850 289,850 0 0 289,850 0 289,850 Total PERSONAL SERVICES 289,933 289,850 289,850 0 0 289,850 0 289,850 54342 FOOD 668 0 0 0 0 0 0 0 Total SUPPLIES 668 0 0 0 0 0 0 0 54400 PROGRAM EXPENSE 500 0 0 0 0 0 0 0 54412 TRAVEL/TRAINING 3,912 4,000 4,000 0 0 4,000 0 4,000 54414 LOCAL MILEAGE 9,088 9,285 9,285 0 0 9,285 0 9,285 54416 MEMBERSHIP DUES 995 945 945 0 0 945 0 945 54452 POSTAGE 143 0 0 0 0 0 0 0 Total CONTRACTUAL 14,638 14,230 14,230 0 0 14,230 0 14,230 58800 FRINGES 139,168 163,765 172,171 0 0 172,171 0 172,171 Total EMPLOYEE BENEFITS 139,168 163,765 172,171 0 0 172,171 0 172,171 Total Appropriations 444,407 467,845 476,251 0 0 476,251 0 476,251 Total Appropriations 444,407 467,845 476,251 0 0 476,251 0 476,251 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 444,407 476,251 0 0 476,251 0 476,251 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1040 - CLERK, LEGISLATURE 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000178 CLERK, LEGISLATURE 70,949 71,326 72,753 0 0 72,753 0 72,753 51000351 DEP CLERK, LEGISLA 50,046 49,840 50,837 0 0 50,837 0 50,837 51000355 CHIEF DEP CLK 53,367 53,578 54,650 0 0 54,650 0 54,650 51400 DISABILITY PAY 0 0 0 0 0 0 0 0 51600 LONGEVITY 1,100 1,500 1,500 0 0 1,500 0 1,500 Total PERSONAL SERVICES 175,462 176,244 179,740 0 0 179,740 0 179,740 52206 COMPUTER EQUIPMENT 1,630 3,680 500 0 0 500 0 500 52230 COMPUTER SOFTWARE 0 1,900 0 0 0 0 0 0 Total EQUIPMENT 1,630 5,580 500 0 0 500 0 500 54303 OFFICE SUPPLIES 818 1,000 1,000 0 0 1,000 0 1,000 54330 PRINTING 2,512 3,687 3,437 0 0 3,437 0 3,437 Tota I SUPPLIES 3,330 4,687 4,437 0 0 4,437 0 4,437 54402 LEGAL ADVERTISING 533 1,000 1,000 0 0 1,000 0 1,000 54416 MEMBERSHIP DUES 100 100 100 0 0 100 0 100 54422 EQUIPMENT MAINTENANCE 0 0 0 0 0 0 0 0 54424 EQUIPMENT RENTAL 976 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 15,060 16,000 16,000 2,000 2,000 18,000 2,000 18,000 54452 POSTAGE 891 1,100 1,250 0 0 1,250 0 1,250 54472 TELEPHONE 549 920 1,500 0 0 1,500 0 1,500 Total CONTRACTUAL 18,109 19,120 19,850 2,000 2,000 21,850 2,000 21,850 58800 FRINGES 84,222 99,578 106,766 0 0 106,766 0 106,766 Tota I EMPLOYEE BENEFITS 84,222 99,578 106,766 0 0 106,766 0 106,766 Total Appropriations 282,753 305,209 311,293 2,000 2,000 313,293 2,000 313,293 Total Appropriations 282,753 305,209 311,293 2,000 2,000 313,293 2,000 313,293 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 282,753 311,293 2,000 2,000 313,293 2,000 313,293 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1165 - DISTRICT ATTORNEY 42625 FORFEITURE/STATE - RSTD 42626 FORFEITURE/FEDERAL - RSTD 2011 Actual 0 0 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 2012 Modified Budget 7,500 20,000 2013 Dept Base 0 0 2013 Dept New 0 0 2013 Recomm New 0 0 2013 Recomm Total 0 0 3/5/2013 2013 2013 Adopted Adopted New Total 0 0 0 0 Total 42681 Total FINES & FORFEITURES 0 LEGAL SETTLMENTS 0 SALE OF PROPERTY/COMPEN 0 42701 REFUND OF PRIOR YR EXPENS 0 42705 GIFTS & DONATIONS 0 27,500 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 Total 42801 Total MISCELL LOCAL SOURCES 0 INTERFUND REVENUES 0 INTERFUND REVENUES 0 43030 DA SALARY 39,971 43389 OTHER PUBLIC SAFETY 31,538 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 39,532 29,200 0 60,532 29,200 0 0 0 0 0 0 0 60,532 29,200 0 0 0 0 60,532 29,200 Total Total Revenues 51000005 51000176 51000203 51000228 51000277 51000311 51000329 51000330 51000342 51000356 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 DISABILITY PAY LONGEVITY 71,509 71,509 122,700 58,652 0 465,124 0 46,245 26,535 37,254 0 8,965 6,397 850 68,732 96,232 122,700 58,944 64,832 489,254 0 47,336 28,958 37,399 2,492 8,999 0 1,800 89,732 89,732 148,350 60,123 46,290 400,076 88,002 48,283 29,537 38,147 2,542 9,179 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 89,732 89,732 148,350 60,123 46,290 400,076 88,002 48,283 29,537 38,147 2,542 9,179 0 1,800 0 0 89,732 89,732 0 148,350 0 60,123 0 46,290 0 400,076 0 88,002 0 48,283 0 29,537 0 38,147 0 2,542 0 9,179 0 0 0 1,800 Total 52206 52210 52214 52222 PERSONAL SERVICES 772,723 COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMMUNICATIONS EQUIP AdoptedFundV3.rpt 416 0 0 0 862,714 7,403 0 100 0 872,329 0 0 0 0 0 0 0 0 0 0 0 0 0 0 872,329 0 0 0 0 0 0 0 0 0 872,329 0 0 0 0 Fund A: GENERAL FUND NYS Unit: 1165 - DISTRICT ATTORNEY 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 52230 COMPUTER SOFTWARE 0 1,465 0 0 0 0 0 0 Total EQUIPMENT 416 8,968 0 0 0 0 0 0 54303 OFFICE SUPPLIES 7,202 9,660 8,000 0 0 8,000 0 8,000 54330 PRINTING 932 5,826 4,000 0 0 4,000 0 4,000 54332 BOOKS 7,599 8,321 8,000 0 0 8,000 0 8,000 Total SUPPLIES 15,733 23,807 20,000 0 0 20,000 0 20,000 54400 PROGRAM EXPENSE 102 0 0 0 0 0 0 0 54414 LOCAL MILEAGE 1,234 2,000 1,500 0 0 1,500 0 1,500 54416 MEMBERSHIP DUES 750 1,875 1,875 0 0 1,875 0 1,875 54424 EQUIPMENT RENTAL 2,000 0 2,000 0 0 2,000 0 2,000 54425 SERVICE CONTRACTS 227 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 29,684 40,368 27,628 182,500 182,500 210,128 182,500 210,128 54452 POSTAGE 6,158 5,400 6,200 0 0 6,200 0 6,200 54472 TELEPHONE 1,412 2,000 1,600 0 0 1,600 0 1,600 54479 EXTRADITION 2,894 0 0 0 0 0 0 0 54483 WITNESS FEES 123 0 0 0 0 0 0 0 54485 CONFIDENTIAL INVESTIGATIO 554 0 0 0 0 0 0 0 Total CONTRACTUAL 45,138 51,643 40,803 182,500 182,500 223,303 182,500 223,303 58800 FRINGES 370,907 476,937 518,164 0 0 518,164 0 518,164 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rpt 370,907 476,937 1,204,917 1,204,917 71,509 1,133,408 518,164 0 0 518,164 0 518,164 1,424,069 1,451,296 182,500 182,500 1,633,796 182,500 1,633,796 1,424, 069 1,451, 296 182,500 182,500 1,633, 796 182,500 1,633, 796 96,232 89,732 0 0 89,732 0 89,732 1,327,837 1,361,564 182,500 182,500 1,544,064 182,500 1,544,064 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund Fund A: GENERAL FUND NYS Unit: 1170 - PLNG. & COORD.(LEG.DEF.) 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000275 SUPERVISING ATTRNY 31,042 31,000 31,620 0 0 31,620 0 31,620 51000670 PROGRAM COORD AC 50,432 50,229 51,234 0 0 51,234 0 51,234 51000671 SECRETARY 37,255 37,380 38,128 0 0 38,128 0 38,128 51600 LONGEVITY 0 400 400 0 0 400 0 400 Total PERSONAL SERVICES 118,729 119,009 121,382 0 0 121,382 0 121,382 52220 DEPARTMENTAL EQUIPMENT 350 1,481 0 0 0 0 0 0 Total EQUIPMENT 350 1,481 0 0 0 0 0 0 54303 OFFICE SUPPLIES 1,123 1,330 1,330 0 0 1,330 0 1,330 Total SUPPLIES 1,123 1,330 1,330 0 0 1,330 0 1,330 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 529 550 550 0 0 550 0 550 54452 POSTAGE 1,766 2,000 2,000 0 0 2,000 0 2,000 54472 TELEPHONE 729 1,020 1,320 0 0 1,320 0 1,320 Total CONTRACTUAL 3,024 3,570 3,870 0 0 3,870 0 3,870 58800 FRINGES 56,990 67,222 71,863 0 0 71,863 0 71,863 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rpt 56,990 67,222 180,216 192,612 71,863 0 0 71,863 0 71,863 198,445 0 0 198,445 0 198,445 180,216 192,612 198,445 0 0 198,445 0 198,445 0 0 0 0 0 0 0 0 180,216 198,445 0 0 198,445 0 198,445 Fund A: GENERAL FUND NYS Unit: 1171 - DEFENSE OF INDIG. ATTYS. 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42770 OTHER MISCELL REVENUES 0 300,000 300,000 0 0 300,000 0 300,000 Total MISCELL LOCAL SOURCES 0 300,000 300,000 0 0 300,000 0 300,000 43089 OTHER STATE AID 319,826 0 0 0 0 0 0 0 Total Total Revenues STATE AID 319,826 0 0 0 0 0 0 0 319,826 300,000 300,000 0 0 300,000 0 300,000 54120 LEGAL DEFENSE ATTY FEES 947,655 916,500 916,500 0 0 916,500 0 916,500 54121 OTHER CT ORDERED EXPENSE 21,742 0 0 0 0 0 0 0 54406 FAMILY CT ATTY CHGG 860,121 916,500 916,500 0 0 916,500 0 916,500 Tota I CONTRACTUAL 1,829,518 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Appropriations 1,829,518 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Appropriations 1,829,518 1,833,000 1,833,000 0 0 1,833,000 0 1,833,000 Total Revenues 319,826 300,000 300,000 0 0 300,000 0 300,000 Total County Cost 1,509,692 1,533,000 1,533,000 0 0 1,533,000 0 1,533,000 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1180 - JUSTICES & CONSTABLES 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 3/5/2013 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54400 PROGRAM EXPENSE 67 1,785 0 0 0 0 0 0 Total CONTRACTUAL Total Appropriations 67 1,785 0 0 0 0 0 0 67 1,785 0 0 0 0 0 0 Total Appropriations 67 Total Revenues 0 Total County Cost 67 AdoptedFundV3.rpt 1,785 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: 1230 - COUNTY ADMINISTRATION 42610 FINES, FORFEITURES, BAILS 2011 Actual 0 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 2012 Modified Budget 0 2013 Dept Base 0 2013 Dept New 0 2013 Recomm New 0 2013 Recomm Total 2013 Adopted New 0 0 3/5/2013 2013 Adopted Total 0 Total 42701 42770 Total 42801 FINES & FORFEITURES REFUND OF PRIOR YR EXPENS OTHER MISCELL REVENUES MISCELL LOCAL SOURCES INTERFUND REVENUES 0 0 0 0 1,281 0 0 0 0 0 0 0 800 800 0 0 0 0 0 0 0 0 0 0 0 0 0 800 800 0 0 0 0 0 0 0 0 800 800 0 Total Total Revenues 51000 51000253 51000282 51000316 51000360 INTERFUND REVENUES REGULAR PAY COUNTY ADMIN. DEPUTY CO. ADMN. EXEC ASST TO C/ADM ADMIN SPECIALIST 1,281 1,281 0 114,394 61,745 53,367 37,989 0 0 (113) 114,840 86,112 53,579 38,587 0 800 0 117,137 61,112 54,651 39,359 0 0 0 0 25,000 0 0 0 0 0 0 25,000 0 0 0 800 0 117,137 86,112 54,651 39,359 0 0 0 0 25,000 0 0 0 800 0 117,137 86,112 54,651 39,359 Total 52206 52210 52214 52222 52230 Total 54303 54330 54342 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT OFFICE FURNISHINGS COMMUNICATIONS EQUIP COMPUTER SOFTWARE EQUIPMENT OFFICE SUPPLIES PRINTING FOOD 267,495 6,172 0 0 0 2,744 8,916 1,150 2,187 210 293,005 1,200 4,500 655 0 398 6,753 3,000 3,500 0 272,259 25,000 1,500 0 0 0 0 1,500 3,000 2,500 0 0 0 0 0 0 0 0 0 0 25,000 0 0 0 0 0 0 0 0 0 297,259 1,500 0 0 0 0 1,500 3,000 2,500 0 25,000 0 0 0 0 0 0 0 0 0 297,259 1,500 0 0 0 0 1,500 3,000 2,500 0 Total 54400 54412 54414 54416 54424 54425 54432 SUPPLIES PROGRAM EXPENSE TRAVEL/TRAINING LOCAL MILEAGE MEMBERSHIP DUES EQUIPMENT RENTAL SERVICE CONTRACTS RENT AdoptedFundV3.rpt 3,546 0 3,705 0 400 976 0 160 6,500 335 2,000 500 400 0 200 0 5,500 500 3,250 0 400 1,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5,500 500 3,250 0 400 1,000 0 0 0 0 0 0 0 0 0 0 5,500 500 3,250 0 400 1,000 0 0 Fund A: GENERAL FUND NYS Unit: 1230 - COUNTY ADMINISTRATION 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54442 PROFESSIONAL SERVICES 25,042 0 2,500 0 0 2,500 0 2,500 54452 POSTAGE 233 850 250 0 0 250 0 250 54472 TELEPHONE 704 1,500 750 0 0 750 0 750 Total CONTRACTUAL 31,220 5,785 8,650 0 0 8,650 0 8,650 58800 FRINGES 128,398 165,546 173,740 1,643 1,643 175,383 1,643 175,383 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rpt 128,398 165,546 439,575 477,589 173,740 1,643 1,643 175,383 1,643 175,383 461,649 26,643 26,643 488,292 26,643 488,292 439,575 477,589 461,649 26,643 26,643 488,292 26,643 488,292 1,281 0 800 0 0 800 0 800 438,294 477,589 460,849 26,643 26,643 487,492 26,643 487,492 Fund A: GENERAL FUND NYS Unit: 1231 - SMSI GRANT 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 3/5/2013 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42705 GIFTS & DONATIONS 0 9,878 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 0 9,878 0 0 0 0 0 0 43089 OTHER STATE AID 195,538 Total STATE AID 195,538 Total Revenues 195,538 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,878 0 0 0 0 0 0 51000 REGULAR PAY 0 3,233 0 0 0 0 0 0 Total PERSONAL SERVICES 0 3,233 0 0 0 0 0 0 54303 OFFICE SUPPLIES 26 865 0 0 0 0 0 0 54330 PRINTING 45 0 0 0 0 0 0 0 Total SUPPLIES 71 865 0 0 0 0 0 0 54400 PROGRAM EXPENSE 0 5,780 0 0 0 0 0 0 54412 TRAVEL/TRAINING 105 0 0 0 0 0 0 0 54442 PROFESSIONAL SERVICES 119,756 0 0 0 0 0 0 0 Total CONTRACTUAL 119,861 5,780 0 0 0 0 0 0 Total Appropriations 119,932 9,878 0 0 0 0 0 0 Total Appropriations 119,932 9,878 0 0 0 0 0 0 Total Revenues 195,538 9,878 0 0 0 0 0 0 Total County Cost (75,606) 0 0 0 0 0 0 0 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1232 - CJATI ADVISORY BOARD 51000312 PARALEGAL TO CA 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 3,683 3,683 3,757 0 0 3,757 0 3,757 Total PERSONAL SERVICES 3,683 3,683 3,757 0 0 3,757 0 3,757 54330 PRINTING 0 175 175 0 0 175 0 175 Total SUPPLIES 0 175 175 0 0 175 0 175 54412 TRAVEL/TRAINING 0 200 200 0 0 200 0 200 54452 POSTAGE 0 50 50 0 0 50 0 50 Total CONTRACTUAL 0 250 250 0 0 250 0 250 58800 FRINGES 1,768 2,081 2,232 0 0 2,232 0 2,232 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rpt 1,768 2,081 5,451 6,189 2,232 0 0 2,232 0 2,232 6,414 0 0 6,414 0 6,414 5,451 6,189 6,414 0 0 6,414 0 6,414 0 0 0 0 0 0 0 0 5,451 6,414 0 0 6,414 0 6,414 Fund A: GENERAL FUND NYS Unit: 1236 - WDIC 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42770 OTHER MISCELL REVENUES 100 0 0 0 0 0 0 0 Total MISCELL LOCAL SOURCES 100 0 0 0 0 0 0 0 Total Revenues 100 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 385 0 0 0 0 0 0 0 Total SUPPLIES 54412 TRAVEL/TRAINING 385 0 0 0 0 0 0 0 0 0 0 0 0 0 15,000 15,000 Total CONTRACTUAL 0 0 0 0 0 0 15,000 15,000 Total Appropriations 385 0 0 0 0 0 15,000 15,000 Total Appropriations 385 0 0 0 0 0 15,000 15,000 Total Revenues 100 0 0 0 0 0 0 0 Total County Cost 285 0 0 0 0 0 15,000 15,000 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1310 - BUDGET & FINANCE 41230 TREASURER FEES 2011 Actual 81,215 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2012 Modified Budget 123,866 2013 Dept Base 123,866 2013 Dept New 0 2013 Recomm New 0 2013 Recomm Total 123,866 2013 2013 Adopted Adopted New Total 0 123,866 Total DEPARTMENTAL INCOME 81,215 42770 OTHER MISCELL REVENUES 27,137 123,866 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 27,137 15,390 22,000 15,390 22,000 15,698 0 0 0 0 22,000 15,698 0 0 22,000 15,698 Total Total Revenues 51000246 51000296 51000320 51000326 51400 51600 INTERFUND REVENUES COMPTROLLER BGT & FIN MANAGER SR ACCT CLERK/TYP ADMIN ASSISTANT DISABILITY PAY LONGEVITY 15,390 123,742 15,600 65,113 35,396 69,865 1,633 0 15,390 161,256 15,700 64,833 35,536 71,033 0 1,300 15,698 161,564 14,012 66,130 36,246 72,455 0 1,550 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15,698 161,564 14,012 66,130 36,246 72,455 0 1,550 0 15,698 0 161,564 0 0 0 0 0 0 14,012 66,130 36,246 72,455 0 1,550 Total 52206 52210 52222 52230 Tota I 54303 54330 54332 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT COMMUNICATIONS EQUIP COMPUTER SOFTWARE EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 187,607 0 0 0 0 0 539 287 702 188,402 850 2,900 0 0 3,750 1,200 4,737 650 190,393 2,927 0 0 1,300 4,227 1,200 4,800 650 0 0 0 0 25,000 25,000 0 0 0 0 0 0 0 25,000 25,000 0 0 0 190,393 2,927 0 0 26,300 29,227 1,200 4,800 650 0 0 0 0 25,000 25,000 0 0 0 190,393 2,927 0 0 26,300 29,227 1,200 4,800 650 Total 54999 Total 54400 54424 54442 54452 54472 SUPPLIES ROLLOVER ROLLOVER 1,528 0 6,587 0 6,650 PROGRAM EXPENSE EQUIPMENT RENTAL PROFESSIONAL SERVICES POSTAGE TELEPHONE AdoptedFundV3.rpt 0 5,148 240 8,200 5,720 113 0 7,000 263 20,700 7,500 500 0 0 (25,000) 0 (25,000) 7,000 0 265 0 8,700 0 6,000 0 500 0 0 (25,000) (25,000) 0 0 0 0 0 6,650 0 (25,000) (25,000) (25,000) (25,000) 7,000 0 265 0 8,700 0 6,000 0 500 0 6,650 (25,000) (25,000) 7,000 265 8,700 6,000 500 Fund A: GENERAL FUND NYS Unit: 1310 - BUDGET & FINANCE 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total Total CONTRACTUAL 19,421 35,963 22,465 0 0 22,465 0 22,465 58800 FRINGES 90,172 106,447 113,093 0 0 113,093 0 113,093 Total EMPLOYEE BENEFITS 90,172 106,447 113,093 0 0 113,093 0 113,093 Total Appropriations 298,729 341,149 336,828 0 0 336,828 0 336,828 Total Appropriations 298,729 341,149 336,828 0 0 336,828 0 336,828 Total Revenues 123,742 161,256 161,564 0 0 161,564 0 161,564 Total County Cost 174,987 179,893 175,264 0 0 175,264 0 175,264 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1315 - COMPTROLLER 2011 Actual 42770 OTHER MISCELL REVENUES 47,840 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 2012 Modified Budget 69,000 2013 Dept Base 69,700 2013 Dept New 0 2013 Recomm New 0 2013 Recomm Total 69,700 2013 Adopted New 0 3/5/2013 2013 Adopted Total 69,700 Total 42801 Total Total Revenues 51000246 51000252 51000320 51000326 51000327 51000331 51000334 51000349 51200 51200331 51400 51600 MISCELL LOCAL SOURCES INTERFUND REVENUES INTERFUND REVENUES 47,840 9,216 69,000 9,216 69,700 9,400 0 0 0 0 69,700 9,400 0 0 69,700 9,400 COMPTROLLER DIR ACCT SVCS SR ACCT CLERK/TYP ADMIN ASSISTANT AUDITOR PAYROLL COORDINATOR PRIN ACCT CLK TYP PAYROLL SPECIALIST OVERTIME PAY PAYROLL COORDINATOR DISABILITY PAY LONGEVITY 9,216 57,056 88,845 65,013 63,411 23,838 53,367 54,039 20,498 0 0 544 0 1,050 9,216 78,216 88,700 64,833 40,612 23,678 53,579 53,579 0 44,997 0 0 0 3,100 9,400 79,100 95,958 66,130 41,426 24,152 54,651 54,651 45,897 0 800 0 0 2,400 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 9,400 79,100 95,958 66,130 41,426 24,152 54,651 54,651 45,897 0 800 0 0 2,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,400 79,100 95,958 66,130 41,426 24,152 54,651 54,651 45,897 0 800 0 0 2,400 Total 52206 52210 52222 52230 PERSONAL SERVICES COMPUTER EQUIPMENT OFFICE EQUIPMENT COMMUNICATIONS EQUIP COMPUTER SOFTWARE 370,604 663 0 0 0 373,078 1,700 5,100 0 0 386,065 0 0 0 0 0 4,928 0 0 2,720 0 4,928 0 0 2,720 386,065 4,928 0 0 2,720 0 4,928 0 0 2,720 386,065 4,928 0 0 2,720 Tota I 54303 54330 54332 EQUIPMENT OFFICE SUPPLIES PRINTING BOOKS 663 1,586 875 0 6,800 2,900 1,100 1,225 0 2,900 1,100 1,225 7,648 0 0 0 7,648 0 0 0 7,648 2,900 1,100 1,225 7,648 0 0 0 7,648 2,900 1,100 1,225 Total SUPPLIES 54999 ROLLOVER 2,462 0 5,225 0 5,225 Total ROLLOVER 54400 PROGRAM EXPENSE 54402 LEGAL ADVERTISING AdoptedFundV3.rpt 0 0 0 0 0 0 0 0 (10,648) 0 (10,648) 0 0 0 3,000 0 (10,648) 5,225 0 (10,648) (10,648) 5,225 (10,648) (10,648) 0 3,000 (10,648) (10,648) 0 0 3,000 3,000 (10,648) 0 3,000 Fund A: GENERAL FUND NYS Unit: 1315 - COMPTROLLER 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 3/5/2013 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54412 TRAVEL/TRAINING 847 1,350 1,350 0 0 1,350 0 1,350 54414 LOCAL MILEAGE 0 50 50 0 0 50 0 50 54416 MEMBERSHIP DUES 210 225 225 0 0 225 0 225 54424 EQUIPMENT RENTAL 946 1,025 1,025 0 0 1,025 0 1,025 54442 PROFESSIONAL SERVICES 87,903 104,855 87,400 0 0 87,400 0 87,400 54452 POSTAGE 811 750 829 0 0 829 0 829 54472 TELEPHONE 549 900 840 0 0 840 0 840 Total CONTRACTUAL 91,265 109,155 91,719 3,000 3,000 94,719 3,000 94,719 58800 FRINGES 177,770 210,791 229,323 0 0 229,323 0 229,323 Total EMPLOYEE BENEFITS 177,770 210,791 229,323 0 0 229,323 0 229,323 Total Appropriations 642,764 705,049 712,332 0 0 712,332 0 712,332 Total Appropriations 642,764 705,049 712,332 0 0 712,332 0 712,332 Total Revenues 57,056 78,216 79,100 0 0 79,100 0 79,100 Total County Cost 585,708 626,833 633,232 0 0 633,232 0 633,232 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1345 - PURCHASING 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 51000614 BUYER 47,168 47,538 48,490 0 0 48,490 0 48,490 51200614 BUYER 0 0 900 0 0 900 0 900 51400 DISABILITY PAY 0 0 0 0 0 0 0 0 51600 LONGEVITY 500 550 550 0 0 550 0 550 Tota I PERSONAL SERVICES 47,668 48,088 49,940 0 0 49,940 0 49,940 52206 COMPUTER EQUIPMENT 1,211 0 0 0 0 0 0 0 52230 COMPUTER SOFTWARE 318 0 0 0 0 0 0 0 Total EQUIPMENT 1,530 0 0 0 0 0 0 0 54303 OFFICE SUPPLIES 131 300 300 0 0 300 0 300 54330 PRINTING 144 850 850 0 0 850 0 850 Total SUPPLIES 275 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 0 250 480 0 0 480 0 480 54414 LOCAL MILEAGE 0 50 50 0 0 50 0 50 54416 MEMBERSHIP DUES 50 50 50 0 0 50 0 50 54452 POSTAGE 181 375 375 0 0 375 0 375 54472 TELEPHONE 343 500 500 0 0 500 0 500 Tota I CONTRACTUAL 603 1,325 1,555 0 0 1,555 0 1,555 58800 FRINGES 22,881 27,170 29,664 0 0 29,664 0 29,664 Total EMPLOYEE BENEFITS Total Appropriations Total Appropriations Total Revenues Total County Cost AdoptedFundV3.rpt 22,881 27,170 72,956 77,733 29,664 0 0 29,664 0 29,664 82,309 0 0 82,309 0 82,309 72,956 77,733 82,309 0 0 82,309 0 82,309 0 0 0 0 0 0 0 0 72,956 82,309 0 0 82,309 0 82,309 Fund A: GENERAL FUND NYS Unit: 1346 - CENTRAL SERVICES 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 42226 SALE OF SUPPLIES 0 0 0 0 0 0 0 0 Total Total Revenues INTERGOVNMENTAL CHARGE; 0 0 0 0 0 0 0 0 51000789 MAIL & REC CLERK 51200789 MAIL & REC CLERK 0 0 0 0 0 0 0 0 36,678 36,653 37,386 0 0 37,386 0 37,386 79 0 0 0 0 0 0 0 Total PERSONAL SERVICES 36,757 36,653 37,386 0 0 37,386 0 37,386 54303 OFFICE SUPPLIES 0 100 1,500 0 0 1,500 0 1,500 54310 AUTOMOTIVE FUEL 1,892 1,991 2,040 0 0 2,040 0 2,040 Tota I SUPPLIES 1,892 2,091 3,540 0 0 3,540 0 3,540 54414 LOCAL MILEAGE 101 0 0 0 0 0 0 0 54421 AUTO MAINTENACE/REPAIRS 24 150 150 0 0 150 0 150 54424 EQUIPMENT RENTAL 0 0 0 0 0 0 0 0 54425 SERVICE CONTRACTS 4,115 3,000 6,000 0 0 6,000 0 6,000 54432 RENT 0 0 0 0 0 0 0 0 54452 POSTAGE 0 0 50 0 0 50 0 50 54472 TELEPHONE 94 150 150 0 0 150 0 150 Total CONTRACTUAL 4,334 3,300 6,350 0 0 6,350 0 6,350 58800 FRINGES 17,643 20,709 22,208 0 0 22,208 0 22,208 Tota I EMPLOYEE BENEFITS 17,643 20,709 22,208 0 0 22,208 0 22,208 Total Appropriations 60,625 62,753 69,484 0 0 69,484 0 69,484 Total Appropriations 60,625 62,753 69,484 0 0 69,484 0 69,484 Total Revenues 0 0 0 0 0 0 0 0 Total County Cost 60,625 62,753 69,484 0 0 69,484 0 69,484 AdoptedFundV3.rpt Fund A: GENERAL FUND NYS Unit: 1355 - ASSESSMENT 41250 ASSESSORS FEES 2011 Actual 27,920 2013 Budget Combined Work Sheet NYS Unit Totals By Fund 2012 Modified Budget 29,000 2013 Dept Base 28,000 2013 Dept New 0 2013 Recomm New 0 2013 Recomm Total 28,000 2013 Adopted New 0 3/5/2013 2013 Adopted Total 28,000 Total 42680 DEPARTMENTAL INCOME INSURANCE RECOVERIES 27,920 11,889 29,000 0 28,000 0 0 0 0 0 28,000 0 0 0 28,000 0 Total 42801 SALE OF PROPERTY/COMPEN 11,889 INTERFUND REVENUES 26,000 0 27,000 0 27,000 0 0 0 0 0 27,000 0 0 0 27,000 Total 43089 INTERFUND REVENUES OTHER STATE AID 26,000 (2,835) 27,000 0 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 (2,835) 0 0 0 0 62,974 56,000 55,000 0 0 11,875 10,000 46,274 (36,274) (36,274) 71,028 71,294 72,720 0 0 86,391 86,264 87,989 0 0 25,399 32,082 0 0 0 36,288 0 0 0 0 42,576 42,738 43,593 0 0 46,957 47,340 48,287 0 0 147,228 176,766 180,301 60,100 46,865 37,246 40,603 41,415 0 0 6,391 0 0 0 0 64,563 64,811 66,107 0 0 89 0 0 0 0 2,286 0 0 0 0 2,200 3,200 3,200 0 0 0 0 0 55,000 0 55,000 10,000 (36,274) 10,000 72,720 0 72,720 87,989 0 87,989 0 0 0 0 0 0 43,593 0 43,593 48,287 0 48,287 227,166 46,865 227,166 41,415 0 41,415 0 0 0 66,107 0 66,107 0 0 0 0 0 0 3,200 0 3,200 Tota I 52206 52222 52230 PERSONAL SERVICES COMPUTER EQUIPMENT COMMUNICATIONS EQUIP COMPUTER SOFTWARE 580,518 18,106 6,746 1,128 575,098 7,616 1,000 1,000 589,886 23,826 3,000 1,000 3,500 0 0 0 10,591 0 0 0 600,477 3,000 1,000 3,500 10,591 0 0 0 600,477 3,000 1,000 3,500 Total 54303 54306 54310 EQUIPMENT OFFICE SUPPLIES AUTOMOTIVE SUPPLIES AUTOMOTIVE FUEL AdoptedFundV3.rpt 25,980 9,189 1,464 3,215 9,616 7,812 2,500 6,000 7,500 8,000 4,000 6,000 0 0 0 0 0 0 0 0 7,500 8,000 4,000 6,000 0 0 0 0 7,500 8,000 4,000 6,000 Fund A: GENERAL FUND NYS Unit: 1355 - ASSESSMENT 2013 Budget Combined Work Sheet 3/5/2013 NYS Unit Totals By Fund 2011 2012 2013 2013 2013 2013 2013 2013 Actual Modified Dept Dept Recomm Recomm Adopted Adopted Budget Base New New Total New Total 54330 P