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2013 Journal of Proceedings
2013 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 2013, contained in this volume is true and correct. ItATHERINEkOVERTR 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; Nathan Shinagawa, District No. 4, City of Ithaca; Pat Pryor, District No. 6, Town of Lansing, portion of Village of Lansing; Dooley Kiefer, District No. 10, Villages of Lansing and Cayuga Heights, Northeast Town of Ithaca; Brian Robison, District No. 9, Town of Groton, NW Town of Dryden, SE Town of Lansing; 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, District No. 11, Town of Ithaca (Eastern part); David McKenna, District No. 8, Town of Newfield, Town of Enfield (Southern part); Will Burbank, District 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 2013 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Committees will take effect on February 1, 2013 Budget, Capital and Personnel - Dennis (Chair), Shinagawa (Vice Chair), Robison, Herrera, McBean-Clairborne Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policies Finance Department Capital Programs TC3 (Finances) Personnel Department (incl. performance evaluation and staff training) Workforce Diversity and Inclusion Economic Development - Burbank (Chair), Lane (Vice Chair), Dennis, Chock, Proto Workforce Development Tompkins County Area Development (ED Collaborative) Industrial Development Agency TC3 (Workforce programs) Chamber of Commerce Tourism Program/Convention and Visitors Bureau Strategic Tourism Planning Board Ithaca Downtown Partnership Community Celebrations & Arts County Historian Facilities and Infrastructure - Stein (Chair), Kiefer (Vice Chair), Chock, Dennis, McKenna Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Weights and Measures Utilities Government Operations — Pryor (Chair), Lane (Vice Chair), Kiefer, McKenna, Stein Tompkins County Legislature Administration Depai tiaent Organizational Development Risk management/contract performance Public Information Information Technology Services Depthtinent 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, Shinagawa, Mackesey 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, Energy, & Environmental Quality — Chock (Chair), Mackesey (Vice Chair), Burbank, Kiefer, Pryor 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 Public Safety - Robison (Chair), Stein (Vice Chair), Dennis, McBean-Clairborne, Mackesey 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 Broadband - Pryor (Chair), McKenna (Vice Chair) Capital Plan Review Committee (first half of year) - Lane (Chair), Robertson (Vice Chair), Kiefer, Proto CJC - Old Library, Public Safety Building Charter Review Committee (after CPR concludes) - Lane (Chair), Kiefer (Vice Chair), Herrera, McKenna, Stein 2 January 3, 2013 Organizational Meeting Call to Order Mrs. Covert, Clerk of the Legislature, called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag 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 Title Status Member Present Member Present Member Present Member Present Member Present Member Present Member Present Member Present Member Present Member Present Member Present Chair Present Member Present Vice Chair Present Member Present Arrived 5:39 PM 5:39 PM First Order of Business Election of Temporary Chair Mrs. Covert opened the floor for nominations for Temporary Chair. It was MOVED by Ms. Robertson, seconded by Mr. Lane, to nominate Mr. Proto as Temporary Chair. Hearing no more further nominations, it was MOVED by Mr. Dennis, seconded by Ms. Mackesey, to close nominations for Temporary Chair. A vote on the motion to close nominations for Temporary Chair resulted as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Pamela Mackesey, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Carol Chock, Peter Stein 3 January 3, 2013 * * * * * * * * * * A vote on the motion to nominate Mr. Proto as Temporary Chair resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Martha Robertson, Chair SECONDER: Michael Lane, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa EXCUSED: Peter Stein Mr. Proto was elected Temporary Chair. Mr. Stein and Ms. Chock arrived at this time. * * * * * * * * * * Election of Chair of the Legislature Mr. Proto spoke about the voting rules and said secret ballots were not allowed. He asked if voting by show of hands was acceptable. Legislators agreed to elect the Chair and Vice Chair by a show of hands vote. At this time, Mr. Proto opened the floor for nominations for the 2013 Chair of the Legislature. It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, to nominate Mr. Lane as Chair of the Legislature for 2013. It was MOVED by Mr. Shinagawa, seconded by Mr. Burbank, to nominate Ms. Robertson as Chair of the Legislature for 2013. It was MOVED by Ms. Herrera, to nominate Mrs. McBean-Clairborne as Chair of the Legislature for 2013. Mrs. McBean-Clairborne thanked Ms. Herrera and said as much as she would like to be Chair of this Legislature her work schedule and family commitments would not allow her to represent this body to the level she would like and respectfully declined the nomination. It was MOVED by Mr. Dennis, seconded by Mr. Robison, to close nominations for Chair of the Legislature for 2013. follows: A vote on the motion to close nominations for Chair of the Legislature for 2013 resulted as 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 4 follows: January 3, 2013 A vote on the election of the Chair of the Legislature for 2013 by show of hands resulted as Mr. Lane - 6 (Legislators Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, and McKenna) Ms. Robertson - 9 (Legislators Burbank, Chock, Dennis, Proto, Pryor, Robertson, Robison, Shinagawa, and Stein) Ms. Robertson was declared Chair of the Legislature for 2013. * * * * * * * * * * Election of Vice Chair of the Legislature Ms. Robertson opened the floor for nominations for Vice Chair of the Legislature for 2013. Ms. Chock nominated Mr. Lane for the position of Vice Chair of the Legislature, seconded by Ms. Mackesey. Hearing no other nominations, it was MOVED by Mr. Burbank, seconded by Ms. Pryor, to close nominations. A vote on the motion to close nominations for Vice Chair of the Legislature for 2013 resulted as follows: follows: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Will Burbank, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * A vote on the motion to elect Mr. Lane as Vice Chair of the Legislature for 2013 resulted as 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 Mr. Lane was declared Vice Chair of the Legislature for 2013. * * * * * * * * * * Presentation of Proclamation Official Radon Action Month in Tompkins County 5 January 3, 2013 Ms. Robertson read and presented a proclamation to Carole Fisher of Cornell Cooperative Extension declaring January 2013 as Radon Action Month in Tompkins County. Ms. Fisher thanked the Legislature and announced there will be an annual event on January 17th from 3-5 p.m. at Cornell Cooperative Extension where they will be handing out free radon test kits. Privilege of the Floor by the Public Laurie Konwinski, City of Ithaca, staff member at Catholic Charities, and representative of the Labor -Religion Coalition of the Finger Lakes, spoke about the workers at the Recycling Center and support for the workers who spoke at a previous Legislature meeting asking to earn a living wage. She believes those workers deserve the County's attention and thanked Legislator Jim Dennis and Solid Waste and Recycling Center's Manager, Barbara Eckstrom, who has spoken directly with the workers to see what can be done for them. In Suffolk and Nassau Counties their living wage rules apply to companies that the county contracts with. Report from a Municipal Official(s) There was no Municipal Official present. Chair's Report, and Chair's Appointments Chair's Appointment Ms. Robertson appointed Jack Lance to the Workforce Investment Board Rehabilitation representative for a term that expires June 30, 2013. Report from the County Administrator as the Vocational Mr. Mareane said last week he sent information to Legislators on the road patrol arbitration award and reported on major points of that contract. For the record he stated that it covers the years March 2008 through February 2010 with a wage growth of 2.9% for each of those years. Other adjustments included were made in the areas of shift differentials, on-call allowances, clothing allowances, and longevity increases. There was not a change in the contribution for health benefits by employees as was asked for. Recess Ms. Robertson declared recess at 7:45 p.m. The meeting reconvened at 7:57 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda at this time. Later in the meeting the resolution setting salaries for Legislators at $20,000 (Version 3) was withdrawn from the agenda. Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein 6 January 3, 2013 Resolution 2013-1: Delegation of Authority to Authorize Certain Tax Refunds and Credits of $2,500 and Under (DOC ID: 3900) WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax -levying body to delegate the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax -levying body to delegate the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry, and WHEREAS, it is the opinion of the Government Operations Committee, that such delegation would increase efficiency in processing said refunds and therefore 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 2013. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Government Operations Committee Resolution 2013-2: Establishing 2013 Meeting Dates (DOC ID: 3899) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein RESOLVED, on recommendation of the Government Operations Committee, That the 2013 regular meetings of the Tompkins County Legislature are as follows: Tuesday, Tuesday, Tuesday, January 15, February 5, February 19, 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Thursday, Tuesday, Tuesday, Tuesday, SEQR ACTION: March 5, March 19, April 2, April 16, May 7, May 21, June 4, June 18, July 2, July 16, August 6, August 20, September 3, September 17, October 1, October 15, November 7, November 19, December 3, December 17, TYPE II -20 January 3, 2013 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. (November 5th is Election Day) 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. * * * * * * * * * * Resolution 2013-3: Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Four -Year Term Commencing January 1, 2014 (One -Time 2% Increase) (DOC ID: 3830) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to approve the following resolution as recommended by the Government Operations Committee: Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2014 (No Increase) WHEREAS, elections for all 14 members of the Tompkins County Legislature will be held in 2013 for terms commencing on January 1, 2014, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, data collected from Tompkins County Legislators determined that their average monthly time commitment was 30 hours per week, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the annual salary for a Tompkins County Legislator elected for the term commencing January 1, 2014, shall be as follows: January 1, 2014 -December 31, 2014: $18,700 January 1, 2015 -December 31, 2015: $18,700 January 1, 2016 -December 31, 2016: $18,700 January 1, 2017 -December 31, 2017: $18,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2014, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year as needed for the salary and fringe increases of the Legislature. 8 January 3, 2013 SEQR ACTION: TYPE II -20 It was MOVED by Mr. Lane, seconded by Mr. Robison, to substitute the resolution above with the following: WHEREAS, elections for all 14 members of the Tompkins County Legislature will be held in 2013 for terms commencing on January 1, 2014, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, data collected from Tompkins County Legislators determined that their average monthly time commitment was 30 hours per week, and WHEREAS, a Cost of Living Adjustment (COLA) for Tompkins County Legislators is a reasonable way to recognize this time commitment, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the annual salary for a Tompkins County Legislator elected for the term commencing January 1, 2014, shall be as follows: January 1, 2014 -December 31, 2014: $19,075 January 1, 2015 -December 31, 2015: $19,075 January 1, 2016 -December 31, 2016: $19,075 January 1, 2017 -December 31, 2017: $19,075 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2014, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year as needed for the salary and fringe increases of the Legislature. SEQR ACTION: TYPE II -20 It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to amend the amendment and add the following Resolved: "Resolved, further, That this Legislature recognizes that Legislators salaries can be changed by the Legislature during the course of a term,". Mr. Proto noted his intention behind offering the amendment is to allow the Legislature to have the ability to lower salaries, not increase them. follows: A vote on the motion to amend the amendment and add the Resolved as written above resulted as RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [3 TO 12] Frank Proto, Member Dooley Kiefer, Member Dooley Kiefer, Leslyn McBean-Clairborne, Pat Pryor Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Robertson, Robison, Shinagawa, Stein * * * * * * * * * * It was MOVED by Mr. Stein, seconded by Mr. Proto, to amend the amendment and add the 9 January 3, 2013 following Resolved: "Resolved, further, That this Legislature recognizes that Legislators salaries can be reduced by the Legislature during the course of a term,". follows: A vote on the motion to amend the amendment and add the Resolved as written above resulted as RESULT: MOVER: SECONDER: AYES: NAYS: DEFEATED [3 TO 12] Peter Stein, Member Frank Proto, Member Frank Proto, Pat Pryor, Peter Stein Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Robertson, Robison, Shinagawa * * * * * * * * * * It was MOVED by Mr. Lane, seconded by Mr. Stein, to Call the Question on the motion to approve the Substitute resolution. A vote on the motion to Call the Question resulted as follows: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Michael Lane, Member Peter Stein, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer The question was called. * * * * * * * * * * A vote on the motion to approve the Substitute Resolution resulted as follows: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Michael Lane, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Stein Pat Pryor, Nathan Shinagawa A roll call vote on the resolution as amended resulted as follows: 10 January 3, 2013 RESULT: ADOPTED [9 TO 6] MOVER: Dooley Kiefer, Member SECONDER: Pamela Mackesey, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna NAYS: Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, elections for all 14 members of the Tompkins County Legislature will be held in 2013 for terms commencing on January 1, 2014, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, data collected from Tompkins County Legislators determined that their average monthly time commitment was 30 hours per week, and WHEREAS, a Cost of Living Adjustment (COLA) for Tompkins County Legislators is a reasonable way to recognize this time commitment, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the annual salary for a Tompkins County Legislator elected for the term commencing January 1, 2014, shall be as follows: January 1, 2014 -December 31, 2014: $19,075 January 1, 2015 -December 31, 2015: $19,075 January 1, 2016 -December 31, 2016: $19,075 January 1, 2017 -December 31, 2017: $19,075 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2014, shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year as needed for the salary and fringe increases of the Legislature. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Budget, Capital, and Personnel Committee At this time Mr. Dennis was granted permission to withdraw the resolution from the agenda entitled Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2014 (each of the four years at $20,000). Resolution (ID # 3898): Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2014 (DOC ID: 3898) RESULT: WITHDRAWN WHEREAS, elections for all 14 members of the Tompkins County Legislature will be held in 2013 for terms commencing on January 1, 2014, and 11 January 3, 2013 WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, data collected from Tompkins County Legislators determined that their average monthly time commitment was 30 hours per week, and WHEREAS, a Cost of Living Adjustment (COLA) for Tompkins County Legislators is a reasonable way to recognize this time commitment, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the annual salary for a Tompkins County Legislator elected for the term commencing January 1, 2014, shall be as follows: January 1, 2014 -December 31, 2014: January 1, 2015 -December 31, 2015: January 1, 2016 -December 31, 2016: January 1, 2017 -December 31, 2017: $20,000 $20,000 $20,000 $20,000 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2014,shall be one and one-half the salary of a Legislator not serving as Chair, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year as needed for the salary and fringe increases of the Legislature. SEQR ACTION: TYPE II -20 ********** Individual Member -Filed Resolutions Resolution 2013-4: Budget Adjustment and in Support of Gun Buy -Back Program in Collaboration with the City of Ithaca - Sheriff's Office (DOC ID: 3921) motion. It was MOVED by Mr. Proto, seconded by Mr. Burbank, to Call the Question on the main A vote on the motion to Call the Question resulted as follows: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Frank Proto Will Burbank, Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein James Dennis, Brian Robison The question was called. 12 January 3, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Peter Stein, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Tompkins County Legislature is committed to reducing gun violence that has become a pervasive threat to the health and safety of all Americans, and WHEREAS, a litany of recent tragedies, including the Sandy Hook Elementary School shooting in Newtown, Connecticut, has reminded us of the devastating reality of gun violence, and WHEREAS, the Tompkins County Legislature strongly supports the establishment of effective nationwide solutions that recognize and address the consequences of ready access to firearms, and WHEREAS, in furtherance of its desire to contribute to a solution to gun violence, the Legislature supports a gun buy-back initiative, conducted in cooperation with the City of Ithaca, intended to diminish the number of working firearms within the County and thereby diminish the possibility of gun -related death or injury, and WHEREAS, law enforcement agencies, including the Tompkins County Sheriffs Office, receive seized asset forfeiture funds regulated by the United States Drug Enforcement Agency that may be used to support the cost of such a gun buy-back program, and WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, the actual amount of funds required to support the cost of the gun buy-back program will not be known until the event occurs, now therefore be it RESOLVED, That the Director of Finance be directed to make the following adjustments on his books, but shall make such actual adjustments as required by the actual results of the program up to a maximum established by this resolution: Sheriff's Office Revenue Acct Title Amount Appropriation Acct Title Amount 3113-42626 Forfeiture/Federal $10,000 3113-54400 Program Expense $10,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting - December 18, 2012 13 January 3, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [13 TO 2] Pamela Mackesey, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Other Business It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to approve a sense of this body, the Tompkins County Legislature, that all Americans will be better served by having the United States Senate be able to once again pass legislation by simple majority vote rather than a super majority and to do so by returning to use of filibuster in the traditional manner, e.g., as exercised by the late Senator Bryd, where the person invoking filibuster is public identified by and has to actually speak to the body for as long as she or he chooses. A vote on the motion to approve Ms. Kiefer's motion resulted as follows: RESULT: MOVER: SECONDER: AYES: NAYS: AWAY: ADOPTED [10 TO 4] Dooley Kiefer, Member Pamela Mackesey, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, Robertson, Shinagawa, Stein Carol Chock, David McKenna, Frank Proto, Pat Pryor Brian Robison * * * * * * * * * * Adi ournment The meeting adjourned at 10:01 p.m. 14 January 15, 2013 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 Title Member Member Status Present Present Arrived Departed Member Present Kathy Luz Herrera Member I Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne 5:34 PM Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Nathan Shinagawa Member Peter Stein Member Present Present 8:55 PM Present 5:33 PM Announcements of Executive Sessions, Reordering of Business, and Special Orders of the Day Ms. Robertson requested an executive session be held at the end of the meeting to discuss personnel issues and labor negotiations. Privilege of the Floor by the Public Jeri Gallucci, City of Ithaca resident and member of Understand to Overcome, reminded Legislators of an invitation that was extended to the community to attend the community viewing of "Race: The Power of Illusion" that will take place on January 25th at 8:30 a.m. at the Tompkins County Public Library. Ms. Gallucci said she is very excited to be part of a movement in Tompkins County that will start chipping away at structural racism and hopes every Legislator will come to this introductory meeting and watch this film when it is shown in the series that will take place in March and April. Mr. Stein and Ms. Mackesey arrived at this time. Tommy Beers, City of Ithaca resident and member of Understand to Overcome, said the video "Race: The Power of Illusion" reminds him of last year's community read of the Martin Luther King, Jr., book "Where do we go from here". He said if Legislators haven't participated in one of the talking circles by the Multicultural Resource Center they should do so. He said the video on January 25th will kick off a three-part series that will be set up around the County during the months of March and April. He asked for suggestions on sites that may be good to hold viewings in communities. 15 January 15, 2013 Stanley W. Mcpherson, City of Ithaca, said he spoke at a previous meeting about the living wage issue and continued to urge the Legislature to put forth a proposal to help those in the community who are trying to support families and are not able to do so because they are not earning a living wage. Milton Webb, Mecklenburg Road, said he works with Mr. McPherson said there are people who cannot afford the things they need for their children even though they are working 40 hours per week because they are not earning a living wage. He urged the Legislature to help others who are in a similar position. Appointment of Poet Laureate Ms. Robertson appointed Tish Pearlman, 2013 Poet Laureate for Tompkins County. Brett Bossard, Community Arts Partnership, summarized the selection process that was undertaken in the selection of the Poet Laureate and then introduced Ms. Pearlman. Ms. Pearlman said she started writing a variety of poetry in her 20's but stopped writing in her early 30's after the passing of her mother. She said she never expected to return to writing but in 2008 she learned she was going to have heart surgery for a congenital heart problem which she later had surgery and almost died from. This traumatic event inspired her to return to writing poetry and has since written a full book of poetry that has been published. Ms. Pearlman said she looks forward to giving workshops and getting the community involved in poetry. At this time she recited a poem she wrote entitled "The drive home". Report from Municipal Official Mary Ann Sumner, Town of Dryden Supervisor, reported things are going well in Dryden. She spoke of the lawsuit of First Energy against the Town of Dryden and said she received the final Brief today. A date to hear the oral argument has not yet been set and she is hopeful the court will continue to uphold its ruling on land use. Ms. Sumner announced there is a snowman contest in the Town of Dryden and encouraged any interested to submit a picture to the Recreation Department in the Town of Dryden. Mr. Proto said a week ago Senator Schumer visited Greek Peak and asked if the Town of Dryden is involved in any of the economic development aspects of that operation. Ms. Sumner said Greek Peak is in the Town of Virgil and the Town is not involved; however, a Greek Peak accountant serves on the Town of Dryden Planning Board and occasionally provides a report. She agreed that Greek Peak is a major tourism destination in the County. Chair's Appointment(s) Ms. Robertson made the following appointments [Changes were made to Committee assignments subsequent to this meeting, but are reflected below]: 2013 STANDING COMMITTEES Economic Development - Will Burbank (Chair), Mike Lane (Vice Chair), Jim Dennis, Carol Chock, and Frank Proto Planning, Energy, & Environmental Quality - Carol Chock (Chair), Pam Mackesey (Vice Chair), Will Burbank, Dooley Kiefer, and Pat Pryor Facilities and Infrastructure - Peter Stein (Chair), Dooley Kiefer (Vice Chair), Carol Chock, Jim 16 January 15, 2013 Dennis, and Dave McKenna Public Safety - Brian Robison (Chair), Peter Stein (Vice Chair), Jim Dennis, Leslyn McBean- Clairborne, and Pam Mackesey Budget, Capital and Personnel - Jim Dennis (Chair), Nathan Shinagawa (Vice Chair), Brian Robison, Kathy Luz Herrera, and Leslyn McBean-Clairborne Government Operations - Pat Pryor (Chair), Mike Lane (Vice Chair), Dooley Kiefer, Dave McKenna, and Peter Stein Health and Human Services - Frank Proto (Chair), Kathy Luz Herrera (Vice Chair), Will Burbank, Nathan Shinagawa, and Pam Mackesey Workforce Diversity and Inclusion - Leslyn McBean-Clairborne (Chair), Kathy Luz Herrera, Nathan Shinagawa, and Pat Pryor 2013 SPECIAL COMMITTEES Broadband - Pat Pryor (Chair), Dave McKenna (Vice Chair) Capital Plan Review Committee - Mike Lane (Chair), Martha Robertson (Vice Chair), Dooley Kiefer, and Frank Proto Charter Review Committee - Mike Lane (Chair), Dooley Kiefer (Vice Chair), Kathy Luz Herrera, Dave McKenna, and Peter Stein 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: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-5: Authorization to Execute a Supplemental Agreement with Barton and Loguidice, P.C., for Design Services — Pine Tree Road Bike and Pedestrian Paths (PIN 3950.43), Town of Ithaca (DOC ID: 3922) WHEREAS, Resolution No. 47 of 2010 authorized a contract with Barton and Loguidice, P.C., (B&L), of 290 Elwood Davis Road, Box 3107, Syracuse, N.Y., for design and right-of-way support services in connection with the Pine Tree Road Bike and Pedestrian Paths Project (PIN 3950.43), and WHEREAS, the contract scope of work was based upon B&L's participation in two public meetings and their development of one alternative for a pedestrian trail, and WHEREAS, four public information meetings are now anticipated and at least five trail 17 January 15, 2013 alternatives have been developed and evaluated during preliminary design for a multi -use trail, and WHEREAS, the County Highway Director has recommended a supplementary agreement be authorized with B&L to provide additional preliminary 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 Barton and Loguidice, P.C., of 290 Elwood Davis Road, Box 3107, Syracuse, N.Y., for design and right- of-way services in connection with the referenced project for an amount not to exceed $43,000, bringing the total revised contract amount to $195,000, funds to be provided from account HZ 5103.59239.53.15 (Pine Tree Road Capital Account), RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the total revised contract amount, funds to be provided from capital account HZ 5103.59239.53.15 (Pine Tree Road Capital Account). SEQR ACTION: TYPE II- 21 * * * * * * * * * Approval of Appointment(s) Under the Consent Agenda * RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Public Information Advisory Board CJ DelVecchio - term expires December 31, 2014 Human Rights Commission Josephine Carcich - term expires December 31, 2015 Mental Health Subcommittee - Term expires December 31, 2016 Leslie Anne Connors - Community Member representative Office for the Aging Advisory Committee - terms expire December 31, 2015 Peggy Merrill Family Court Advisory Council - term expires December 31, 2015 Nancy Zook - At -large representative Library Board of Trustees Kenneth McClane - term expires December 31, 2013 Molly R. Salky - term expires December 31, 2014 Environmental Management Council Darrick T. Evensen - Town of Lansing representative; term expires December 31, 2014 Capital Plan Review Committee 18 January 15, 2013 Resolution 2013-6: Award of Bid - Tompkins County Legislature Relocation Project (DOC ID: 3950) RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Lane, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Legislature Relocation Project, and WHEREAS, twelve (12) bids were received for four (4) contracts and publicly opened and read on December 20, 2012, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That the base bid plus one (1) alternate for acoustical panel ceiling at first floor (Alternate No. 7) be accepted and awarded to the lowest responsible bidders as follows: General Work Contract McPherson Builders, Inc. Ithaca, NY Mechanical Contract Climate Control Technologies, Inc. Endwell, NY Electrical Contract Richardson Brothers Electrical Contractors, Inc. Ithaca, NY $298,721 $ 53,280 $481,300 TOTAL $833,301 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 ten (10) 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. HB1606.59239-16.10. SEQR ACTION: TYPE II -2 * * * * * * * * * * Health and Human Services Committee Mr. Proto asked that explanations contained in resolutions be included in the minutes. Resolution 2013-7: Budget Adjustment - Youth Services (DOC ID: 3931) 19 January 15, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Youth Services D Revenue Acct. 7020.42797 7020.42797 7020.42797 7020.42797 ept. Title Other Local Govt Cont Other Local Govt Cont Other Local Govt Cont Other Local Govt Cont Amt $5,103 $4,154 $5,498 $ 245 Approp Acct 7020.51000711 7020.51000655 7020.58800 7020.54442 Title Coord Yth Srvs Prg Mgmt Spec Fringe Prof Sry Fees Explanation: The County Youth Services Dept. has entered into an agreement with the Workforce Investment Board (WIB) to assist with youth initiatives. This agreement will fund the cost to increase the hours of two Youth Services Department staff by 7.5 hours/week each to provide services from January 1 - June 30, 2013. These adjustments reflect the salaries, fringes, and related expense lines associated with this agreement. SEQR ACTION: TYPE II -20 ********** Resolution 2013-8: Budget Adjustment - Office of National Drug Control and Policy (ONDCP) Mentoring Grant - Youth Services Department (DOC ID: 3930) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, that the Director of Finance be directed to make the following budget adjustments on his books: Youth Services Dept. Revenue Acct. 7020.44820 7020.44820 7020.44820 7020.44820 Title Amt Programs for Youth $20,023 Programs for Youth $11,894 Programs for Youth $390 Programs for Youth $310 20 Approp Acct 7020.51000655 7020.58800 7020.54303 7020.54330 Title Prg Mgmt Spec Fringe Office Supplies Printing 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 January 15, 2013 Programs for Youth $9,565 Programs for Youth $1,075 Programs for Youth $300 Programs for Youth $22,732 Programs for Youth $420 Programs for Youth $400 Programs for Youth $400 7020.54412 7020.54414 7020.54416 7020.54442 7020.54452 7020.52206 7020.52230 Travel/training Local mileage Dues Prof Sry Fees Postage Computer Eq. Comp software Explanation: Resolution #2012-189 authorized the Youth Services Dept to accept an Office of National Drug Control and Policy (ONDCP) Mentoring Grant to mentor the Schuyler County Commission on Underage Drinking and Drugs (SCCUDD) to develop activities to support and encourage the development of SCCUDD and prepare them to apply for their own Drug Free Communities grant. This is a two-year grant of $75,000/per year. This adjustment reflects the salary, fringe and related expense lines associated with this grant for 2013. SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Ms. Robertson asked the Charter Review Committee to consider the status of the County Clerk position issue. Resolution 2013-2: Establishing 2013 Meeting Dates (DOC ID: 3899) It was MOVED by Mr. Dennis, seconded by Mr. Robison, to reconsider Resolution No. 2 of 2013 entitled "Establishing 2013 Meeting Dates. The following is a vote result on the motion to Reconsider Resolution No. 2 of 2013 entitled "Establishing 2013 Meeting Dates" (DOC ID: 3899): RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [12 TO 3] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Mackesey, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Michael Lane, Frank Proto It was MOVED by Mr. Proto, seconded by Mr. Stein, to amend the resolution to change the February 5th meeting date to January 29, 2013. The following is the vote result on the motion to change the February 5 meeting date to January 29, 2013: 21 January 15, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Frank Proto, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Michael Lane The following is the vote result of the vote on the resolution reconsidered and amended: RESULT: MOVER: SECONDER: AYES: NAYS: RECONSIDERED & AMENDED [13 TO 2] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Michael Lane RESOLVED, on recommendation of the Government Operations regular meetings of the Tompkins County Legislature are as follows: Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Thursday, Tuesday, Tuesday, Tuesday, SEQR ACTION: TYPE January 15, January 29, February 19, March 5, March 19, April 2, April 16, May 7, May 21, June 4, June 18, July 2, July 16, August 6, August 20, September 3, September 17, October 1, October 15, November 7, November 19, December 3, December 17, II -20 Committee, That the 2013 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. (November 5th is Election Day) 2013 at 5:30 p.m. 2013 at 5:30 p.m. 2013 at 5:30 p.m. * * * * * * * * * * Minutes of Previous Meeting — January 3, 2013 22 Recess January 15, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [13 TO 2] Frank Proto, Member Pamela Mackesey, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Ms. Robertson declared recess at 7:36 p.m. The meeting reconvened at 8:06 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Mr. Robison, to hold an executive session to discuss litigation, labor negotiations, and a personnel matter. An executive session was held at 8:06 p.m. and returned to open session at 9:23 p.m. Mr. Shinagawa was excused at 8:55 p.m. Adjournment The meeting adjourned at 9:23 p.m. 23 January 29, 2013 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 Present Present Arrived Will Burbank Member Carol Chock Member _ James Dennis Member Present _ Kathy Luz Herrera Member Present 5:47 PM Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 5:34 PM 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 Present _ Peter Stein Member Present _ 5:34 PM Distinguished Youth Award Mr. Robison presented the Distinguished Youth Award to Groton Central School senior Joel Twitchell. He was nominated by Groton Mayor and Middle School principal Jeff Evener, who described him as "our man of all trades at the Groton Central School District." Joel was honored for his many academic, church, and community achievements and activities such as president of the National Honor Society, member of Student Council and drama club, member of the varsity soccer, bowling, and track teams: church missionary challenge; and helping others in his neighborhood. Mr. Stein and Ms. Mackesey arrived at this time. Report from a Municipal Official(s) Jeff Evener, Mayor, Village of Groton, said the Village population is 2,400 and has its own utilities. A multi-million dollar wastewater treatment plant was just built and the Village also includes a police department, fire department, ambulance, and a code enforcement office. Mr. Evener provided an update on some of the topics and projects underway at the Village: changing zoning codes to better match properties to what they feel would be more conducive to welcoming new businesses to the industrial park, Challenge Industries will be breaking ground in the spring to build a complex in the Village's industrial park, recently the Council voted to override the tax cap and will be voting soon on nuisance abatement legislation and the amount of resources the Village has to put into commercial properties in the Village. Ms. Herrera arrived at this time. 24 January 29, 2013 Report from the County Administrator Mr. Mareane announced that Shawn Martel Moore has accepted a position in New York City and will be resigning from her position as Human Rights Director at the end of the month. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Will Burbank, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-9: Authorizing Public Hearing on Fact Finder's Report - Deputy Sheriff's Association Contract (DOC ID: 3962) WHEREAS, the Tompkins County Deputy Sheriff's Association (PBA) represents a unit consisting of primarily Road Patrol Deputy Sheriffs and several civilian clerical titles employed by the Tompkins County Sheriff's Office, and WHEREAS, the County and Sheriff of Tompkins County (County) and the PBA are parties to a negotiated collective bargaining agreement effective March 1, 2001, through February 28, 2004, an Interest Arbitration Award for the period of March 1, 2004, through February 28, 2006, (PERB Case No. IA 2005-011; M2004-335) covering the Deputy Sheriffs; and an Interest Arbitration Award for the period March 1, 2006, through February 28, 2008, (PERB Case No. IA2008-006; M2007-121) covering the Deputy Sheriffs, and WHEREAS, the terms and conditions of employment for the clerical employees were modified by County Resolution No. 127 of July 19, 2006, which accepted with some changes the Fact Finding Report and Recommendation (M2004-335; Fact Finder Dennis Campagna) and established wages for the clerical employees for the period March 1, 2004, through December 31, 2007, and WHEREAS, negotiations between the County and the PBA for a successor collective bargaining agreement began on or about January 11, 2011, followed by additional negotiation sessions on March 10, 2011, and April 19, 2011, and WHEREAS, on May 16, 2011, the PBA filed a declaration of impasse with the New York State Public Employment Relations Board (PERB) and thereafter on November 4, 2011, filed a Petition for Interest Arbitration, and WHEREAS, on April 30, 2012, the PBA requested that PERB appoint a fact -finder to render findings and recommendations to the parties for matters regarding Road Patrol Deputy Sheriffs that are not subject to interest arbitration and all matters pertaining to the civilian employees, and WHEREAS, on May 10, 2012, PERB appointed Howard Foster as the Fact Finder and he issued his Report dated December 28, 2012, which was received by the County on December 31, 2012, and 25 January 29, 2013 WHEREAS, the County Administrator is required by law, within ten days of receiving the Fact Finder's Report, to recommend to the Legislature whether the County should accept, in whole or in part, the Fact Finder's recommendations, and WHEREAS, by written notice dated January 9, 2013, to the Legislature, the County Administrator did not accept all of the Fact Finder's recommendations, and WHEREAS, in accordance with the Taylor Law, if one or both parties do not accept the Fact - Finding Report in its entirety, then the next step is for the County Legislature to conduct a public hearing at which the parties may explain their positions with respect to the Fact -Finder's report and recommendations and, thereafter, the Legislature may take such action as it deems to be in the public interest, including the interest of the employees involved, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel Committee, That a public hearing will be held by the Legislature on February 19, 2013, at 5:30 o'clock in the evening thereof to hear all interested persons in the subject matter, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-10: Adoption of Revised Administrative Policy 01-01— Preparing Resolutions (DOC ID: 3801) WHEREAS, the Administrative Policies 01-01 - Preparing Resolutions required updating to more accurately reflect existing procedures and format, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following Administrative Policy is hereby revised and adopted: 01-01 - Preparing Resolutions SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-11: Adoption of Revised Administrative Policy 01-02 — Preparing Local Laws (DOC ID: 3943) WHEREAS, the Administrative Policy 01-02 Preparing Local Laws required updating to more accurately reflect existing procedures and format, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following Administrative Policy is hereby revised and adopted: 01-02 - Preparing Local Laws SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-12: Adoption of List of Designated Officers and Employees Required to File an Annual Financial Disclosure Form (DOC ID: 3939) 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 26 January 29, 2013 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 Contracts Coordinator County Administrator Deputy County Administrator Airport Manager Assistant Airport Manager Director of Assessment Assistant Director of Assessment Valuation Specialists (3) Valuation Support Specialist (1) 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 Department/Division Administration Administration Administration Airport Airport Assessment 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 27 Commissioner of Planning Deputy Commissioner of Planning Probation Director II Deputy Director of Probation 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 Employment and Training Director Workforce Development Director Youth Services Director Administrative Assistant SEQR ACTION: TYPE I1-20 January 29, 2013 Planning Planning Probation and Community Justice Probation and Community Justice Sheriff Sheriff Sheriff Sheriff Social Services Social Services Social Services Solid Waste Solid Waste Weights and Measures Workforce Development Workforce Development Youth Services Youth Services * ********* Resolution 2013-13: Correction of Taxes -131.-1-6.3 & 6.4 (DOC ID: 3952) WHEREAS, this Legislature is informed that an error has been made in the 2013 City and County tax roll for Tompkins County, namely parcels 131.-1-6.3 and 131.-6-6.4 assessed to Widewaters Elmira Rd. Co, LLC, were erroneously charged $7,360.03 on each parcel for a combined total of $14,720.06 for Solid Waste Fees that were erroneously placed on the parcels, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the Tompkins County tax roll be changed to reflect a total of $2,720.34 for parcel 131.-1-6.3 and $40.81 for parcel 131.-1-6.4, RESOLVED further, That City of Ithaca is directed to correct the 2013 County tax bill. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-14: Correction of Taxes - 50368913.-6-3.5 (DOC ID: 3953) WHEREAS, this Legislature is informed that an error has been made in the 2013 Town and County tax roll for the Town of Ulysses, namely parcel 13.-6-3.5 assessed to Lucia Tyler, was erroneously charged $9,352.73 for the relevied Trumansburg Central School taxes which were actually paid before the school warrant expired yet were processed incorrectly by the collecting agent, Tompkins Trust Company, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the Town and County tax roll be changed to reflect a total of $4,344.07 for 2013 for parcel 13.-6-3.5, RESOLVED further, That the Town of Ulysses Tax Collector is directed to correct the 2013 Town and County tax bill. SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointment(s) Approved Under the Consent Agenda 28 January 29, 2013 Local Zone Administration Board - Terms expire December 31, 2015 David W. Sprague - Local Business representative Environmental Management Council John Dennis - Village of Lansing; term expires December 31, 2014 Soil and Water Conservation District - terms expire December 31, 2013 Pat Pryor - Legislator Frank Proto - Legislator * * * * * * * * * * Planning, Development, and Environmental Quality Committee Resolution 2013-15: Adopting the Report of the Tompkins County Area Development (TCAD) Funding Task Force (DOC ID: 3935) Ms. Herrera thanked Mr. Wood for preparing the explanatory memo and asked that it be included in the resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Will Burbank, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, in the contemporary economy, local government plays a significant role in the identification and realization of opportunities to increase the net wealth of the community by developing and providing information critical to business location and expansion decisions and by assisting businesses to access a variety of public -sector economic development incentives, and WHEREAS, Tompkins County has long chosen to contract with Tompkins County Area Development (TCAD) to provide this service, and WHEREAS, TCAD is a not-for-profit organization whose board includes representatives of the business community, higher education, local government (including four County representatives) and public education, the tourism industry, and organized labor, and WHEREAS, TCAD has maintained high levels of performance on behalf of the County, including assisting a broad range of projects that now contribute nearly $800,000 annually in County property taxes and helped create approximately 5,300 jobs for area residents through tax-exempt financing provided by the County's Industrial Development Agency (IDA) and Local Development Corporation (LDC), a revolving loan fund managed by TCAD, and administration of the Empire Zone program. In addition TCAD fosters economic development through the negotiation of payment -in -lieu - of -tax agreements and by undertaking general economic, demographic, infrastructure, and other analyses that assist business decision -makers, and WHEREAS, TCAD is financially supported by contributions from local businesses and institutions, project fee income generated by projects assisted by the County's IDA and LDC, and appropriations by local government, and 29 January 29, 2013 WHEREAS, in the decade prior to the 2008 recession, fee income generated by the County's IDA and LDC was robust, fueled by a strong national economy and several major institutional developments, allowing TCAD's budget to be balanced largely with IDA/LDC fee income and employer contributions that, in turn, enabled the County to enjoy a strong economic development program at a minimal direct cost to the County, and WHEREAS, in the wake of the 2008 recession, private and institutional development slowed, and the development -financing philosophy of Cornell University changed, causing financial support for TCAD to shift from ongoing IDA/LDC revenue to the reserves those agencies had accumulated prior to the recession, and WHEREAS, recognizing the need to maintain the programs and activities provided by TCAD and the unsustainability of TCAD's revenue structure, the Tompkins County Legislature provided $170,000 in one-time funding to TCAD in the 2013 County budget in addition to $7,750 in on-going funding and committed itself to the review of revenue structures that would be more resilient and sustainable than the current model, and WHEREAS, the Legislature's Planning, Development, and Environmental Quality Committee commissioned a Task Force to provide it advice regarding such alternative revenue structures, as well as any operational issues associated with an alternative model, and WHEREAS, the 14 -person TCAD Funding Task Force consisted of five County Legislators, two representatives of TCAD, the Chamber of Commerce, and the Strategic Tourism Planning Board, a representative of organized labor, and two community representatives, and WHEREAS, the Task Force met five times over a six-week period to review alternatives, including the benefits and detriments associated with each, and unanimously recommended an approach that would result in a balanced revenue structure supported in equal amounts by the County, IDA/LDC fees, and employer investors, or member businesses and institutions, and WHEREAS, the Task Force recommended a six-year plan, commencing in 2013 and concluding at the end of 2018, that will phase-in the use of Room Occupancy Tax revenue as one source of funds available to the County to address the TCAD funding goals, and WHEREAS, the Task Force specifically recommended the County appropriation to TCAD be supported by an allocation of County Room Occupancy Tax Revenues in the following amounts: 2014- $150,000 from Room Tax Reserves; 2015-$50,000; 2016-$125,000; 2017-$200,000; 2018-$205,000, and WHEREAS, such allocations of Room Occupancy Tax Revenue will contribute a portion, but not all, of the County funds necessary to provide one-third of the support for TCAD's budget, which currently stands at approximately $615,000, resulting in the need for additional County general funds to be appropriated during the 2013-2018 period, and WHEREAS, the Task Force found that TCAD's commitment to maintain and expand programs and activities that contribute to tourism and visitor activity justify such allocations of Room Occupancy Tax revenue within existing State and County law, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed and accepted the January 3, 2013, report of the TCAD Funding Task Force and concurs with its recommendations, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That this Legislature adopts the TCAD Funding Task Force report and the recommendations contained therein, 30 January 29, 2013 RESOLVED, further, That the Legislature hereby authorizes the County Administrator to enter into any contracts necessary to implement said recommendations. SEQR ACTION: TYPE II -20 31 January 29, 2013 MEMORANDUM TO: County Legislature FROM: Jonathan Wood, County Attorney DATE: January 28, 2013 SUBJECT: TCAD Room Tax Revenues (REVISED) I have been asked to give an opinion on the use of room tax proceeds for Tompkins County Area Development (TCAD). As you may recall the State authorizing legislation and the implementing County Code provide that room tax revenue is to be used for "tourism and convention development." Excluding a small administrative fee, funds cannot be used for other purposes without amending the State law the County local law. In my opinion TCAD does enough tourism related activities to justify an allocation of a small percentage of the room tax revenues. In reaching that conclusion I reviewed the relevant sections of the TCAD Funding Task Force final report. I have attached that portion of the report to this memo. In addition, I asked Michael Stamm, the Director of TCAD, to put together a more detailed analysis of the tourist related activities conducted by TCAD. This analysis is also attached. Based on my review of these documents and my discussion with Michael Stamm, I conclude that TCAD does enough tourism related activities to justify receiving a small percentage of the room tax revenue. Additional Information At the request of a Legislator I add this information as an addition to my memorandum of January 24: The relevant laws are State Tax Law Section 1202-f and County Code 150-6 through 150-29. Both laws include the wording "for tourism and convention development." In addition, the laws state that money shall be allocated to "enhance the general economy of Tompkins County, its cities, towns and villages through promotion of tourist activities, conventions, trade shows, special events and other directly related and supporting activities." (County Code Section 150-7; Tax Law Section 1202-f (9)). 32 January 29, 2013 Tompkins County Area Development Funding Task Force Final Report and Recommendations to the Tompkins County Legislature's Planning, Development and Environmental Quality Committee December 31, 2012 33 January 29, 2013 • The County's current room tax legislation should be preserved (i.e., do not re -open the law); • Any funding agreement should provide the latitude to re -visit the agreement during its term if major disruptions occur in room tax revenues or TCAD's fee-based income. • A stakeholder group should be convened at the end of 2017 to review the funding model and suggest any changes that might be warranted Task Force findings that support a reasonable allocation of County room tax revenue to help achieve the above -stated goals: As a part of its review of TCAD's programs and activities, the Task Force found that a reasonable amount of room tax revenue could be allocated to support TCAD within the parameters of the existing law. The Task Force found: • TCAD works to improve structural preparedness for economic development for Tompkins County. TCAD's leadership in direct economic development assistance, infrastructure planning, workforce planning, and economic/statistical analysis supports the tourism sector as well as other sectors of the local economy; • Visitors attracted to the area solely for business purposes generate a meaningful level of room tax revenues; • TCAD programs and services are available to the hospitality industry and tourism destinations. These services include: o Financial incentives through the Industrial Development Agency/Local Development Corporation staffed by TCAD; o Small business loans supported by a local loan program administered by TCAD; o Business planning and technical assistance to proposed or expanding tourism destinations; o Studies, data analysis, and technical assistance to visitor/tourism industry stakeholders. • TCAD's active involvement in the promotion of air service to the community contributes to the ease of access to the County by tourists and visitors, and therefore to tourism activity; • TCAD has committed to strengthening its partnership with the area's hospitality industry and tourism destinations as a means to expand the common mission of generating net wealth to the community. 3 34 January 29, 2013 Memorandum To: Jonathan Wood Joe Mareane From: Michael Stamm, TCAD Date: December 18, 2012 Re: TCAD & Room Tax Revenues As requested the following is a detailed summary of TCAD's work that supports the tourism industry. Like those involved in local tourism, we define tourists broadly to include visitors. Assistance delivered to hotels Technical o Data analysis assistance to consultants engaged in feasibility studies for developers ($2,400 in 2012). o Consulting assistance to developers regarding municipal approval process ($41,400 in 2011 and 2012). - Financial o Hilton Garden Inn - completed ($4.9 million of incentives). o Marriott - proposed (estimated at $5 million of incentives). o Holiday Inn - proposed (estimated at $900,000 of incentives) o Hotel X - proposed (estimated at $2.5 million of incentives). Generation of Room Tax (2011 data) - 4.6% of overnight stays in local hotels are attributable to business visitors ($88,136 annually). - 1.4% are both business and leisure ($26,824 annually). Technical assistance to tourism destinations TCAD regularly provide business planning assistance to our customers, which are defined as any business that sells a product or service to customers outside of Tompkins County. We expect the value of these services to tourism destinations to be approximately $10,000 per year in the future. Infrastructure (valued at $50,000 to $75,000 per year) TCAD devotes substantial resources to the development of infrastructure that supports all sectors of the local economy, including the tourism sector. - Air Service: TCAD launched the Air Service Task Force, now the Air Service Board. TCAD's president currently chairs the ASB, which has expanded service to Detroit and Newark and will soon embark on a long-range strategic planning effort. TCAD has participated in meetings with airline officials in Washington, Atlanta, Houston, and Phoenix. - Workforce Development: TCAD launched the Workforce Development Board in anticipation of the federal WIA Act. The WIB staff is co -located with TCAD and has provided workforce training to staff in the hospitality industry. - Water & Sewer Infrastructure: TCAD led a comprehensive study of the County's existing water and sewer system. The data collected helped inform infrastructure investment decisions by municipalities that will, in turn, lead to development. - Municipal Approval Process - TCAD has surveyed local developers and staff of local government in preparation for a report on the local project approval process. The report will focus on potential improvements to that process. - Housing - One of the three major goals identified in TCAD's last Economic Development Strategy was the need for more housing across a broad range of pricing. Of particular interest was the need for housing for workforce at the lower end of the wage spectrum. TCAD continues to be involved in housing development both through the delivery of targeted incentives as well as actively participating in strategic planning activities. 35 January 29, 2013 Technical Assistance to Tourism Stakeholders (values at $6,000 per year) - Participation in development of Tourism Plan and at STPB meetings. TCAD provides studies, data analysis and technical assistance to visitor/tourism industry stakeholders. - Analysis of the Visitor and Tourist sector as part of the County Economic Development Strategy. * * * * * * * * * * Resolution 2013-16: Authorizing Multi -Year Aquifer Study Agreement for the Enfield Creek Aquifer in the Town of Enfield (DOC ID: 3938) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Will Burbank, 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. 98 of 2004 authorized the County to negotiate multi-year aquifer study agreements; established that the County's contribution to such aquifer studies will not exceed thirty-five percent of the total project cost; and established that such agreements will not exceed five years in duration, and WHEREAS, the Tompkins County Legislature, in 2003, approved a 20 -year capital funding program to complete detailed aquifer studies throughout the County, and WHEREAS, the United States Geological Survey (USGS) is prepared to undertake and fund a study of the Enfield Creek Aquifer in the Town of Enfield, and WHEREAS, the Town of Enfield Town Board has expressed support for said Aquifer Study and has proposed a referendum for the voters of the Town of Enfield to consider, and WHEREAS, the cost of said Aquifer Study will be $257,844, to be shared among the three entities as shown: Tompkins County $90,245 35% Town of Enfield $90,245 USGS $77,353 30% 35% , now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee and the Budget, Capital, and Personnel Committee, That the County is authorized to enter into a multi-year contract with USGS to complete a detailed aquifer study for the Enfield Creek Aquifer in the Town of Enfield, RESOLVED, further, That the County Administrator or his designee is authorized to execute said contract in accordance with the requirements established in Resolution No. 98 of 2004, RESOLVED, further, That the County shall not, at any time, contribute more towards said aquifer study than does the Town of Enfield. SEQR ACTION: TYPE: II -18 * * * * * * * * * * 36 January 29, 2013 Appointment - Tompkins Consolidated Area Transit (TCAT) It was MOVED by Mr. Burbank, seconded by Ms. Chock, to nominate Peter Stein with a term expiring December 31, 2015. It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, to amend the motion to nominate Kathy Luz Herrera to the TCAT Board of Directors. It was MOVED by Mr. Lane and seconded by Mr. Robison, to Call the Question. The following is a vote result on the motion to Call the Question: RESULT: ADOPTED [13 TO 2] MOVER: Michael Lane, Vice Chair SECONDER: Brian Robison, Member AYES: Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein NAYS: Carol Chock, Dooley Kiefer The following is a vote result on the motion to amend the nomination for reappointing Kathy Luz Herrera to the TCAT Board of Directors: RESULT: DEFEATED [5 TO 10] MOVER: Pamela Mackesey, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne NAYS: Burbank, Chock, Dennis, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein The following is a vote result on the motion to nominate Peter Stein to the TCAT Board of Directors for a term expiring December 31, 2015: Recess RESULT: ADOPTED [12 TO 3] MOVER: Will Burbank, Member SECONDER: Carol Chock, Member AYES: Burbank, Chock, Dennis, Kiefer, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein NAYS: Kathy Luz Herrera, Michael Lane, Leslyn McBean-Clairborne Ms. Robertson declared recess at 7:40 p.m. The meeting reconvened at 7:53 p.m. Mr. Lane was excused at this time. Government Operations Committee 37 January 29, 2013 Resolution 2013-17: Petition the New York State Governor and State Representatives to Authorize the Application Process for Grants through the Local Government Records Management Improvement Fund and Terminate the Seizure of Funds Collected for a Dedicated Purpose (DOC ID: 3967) Mr. Proto said the source of these fees comes from a fund paid from fees for documents filed in the County Clerk's Office and a substantial amount of funds have come into the County from these funds. He said he does not think this resolution goes far enough because by the State not permitting the grant process to go forward every municipality in Tompkins County is not eligible to apply and the effect is devastating. He said he served on this Commission for ten years as well as the LGRAC (Local Government Records and Archive Committee) and said he would like language included that describes what this fund has done for the municipalities and how this will hamstring their applying for monies. Ms. Kiefer suggested a letter come from the Chair that references the information described by Mr. Proto; Ms. Robertson agreed to write a letter and asked Mr. Proto to provide the information. RESULT: MOVER: SECONDER: AYES: EXCUSED: AWAY: ADOPTED [13 TO 0] Dooley Kiefer, Member Frank Proto, Member Burbank, Chock, Dennis, Kiefer, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Michael Lane Kathy Luz Herrera WHEREAS, New York State has long understood the importance of efficient records management policies and procedures to ensure the continuity of government, protection from liability, and preservation of historical documents, and WHEREAS, in 1987, the Local Government Records Management Improvement Fund was created in New York State with the clear intent to provide funding for programs for local governments to establish, create, and maintain procedures and programs to ensure the integrity and preservation of government records, and WHEREAS, County Clerks across New York State collect this money on recording of land records and civil court filings and forward all such money so collected to the New York State Commissioner of Taxation & Finance to be placed in a DEDICATED FUND in accordance with statute, and WHEREAS, a total of $3,394,000 has been taken from this dedicated fund to offset deficiencies in the New York State Budget for at least the last four years, and WHEREAS, in addition to the sweeping of funds, this year the Budget Division has refused to authorize the application process for the 2012-2014 cycle, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature does hereby petition the Governor of the State of New York and our state representatives to direct that the New York State Division of Budget authorize the application process for grants through the Local Government Records Management Improvement Fund, RESOLVED, further, That the Tompkins County Legislature does hereby petition the Governor of the State of New York and our state representatives to immediately end the practice of sweeping money collected for a dedicated purpose and using it for other purposes, 38 January 29, 2013 RESOLVED, further, That the Clerk of the Tompkins County Legislature send certified copies of this Resolution to the Governor of the State of New York and our state representatives. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-18: Adoption of Cash Management and Investment Policy (DOC ID: 3942) Mr. Proto disclosed that he has a relative who is employed at the Tompkins Trust Company but who does not have any involvement in the Investment Policy. Mr. Stein disclosed he has an account at the Tompkins Trust Company. It was MOVED by Ms. Kiefer, to amend the amount the overall portfolio may be deposited into a single bank to 60% (currently proposed at 65%). MOTION FAILED DUE TO LACK OF A SECOND. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] James Dennis, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Michael Lane 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 2013, is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting - January 15, 3013 39 Recess January 29, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 2] Brian Robison, Member James Dennis, Member Burbank, Dennis, Luz Herrera, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Michael Lane Ms. Robertson declared recess at 8:50 p.m. The meeting reconvened at 9:00 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Mr. McKenna, to enter into executive session to discuss a personnel matter at 9:00 p.m. The meeting returned to open session at 9:26 p.m. matter: The following is a vote result on the motion to enter into Executive Session to discuss a personnel RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Michael Lane Adi ournment On motion the meeting adjourned at 9:26 p.m. 40 February 19, 2013 Regular Meeting Public Hearing on Hearing Fact- Finder's Report - Deputy Sheriff's Association Contract Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the Fact - Finder's report dated December 28, 2012, in the matter of fact-finding between County/Sheriff of Tompkins and Tompkins County Deputy Sheriff's Association, and asked if anyone wished to speak. Ms. Robertson said the Deputy Sheriff's Association has accepted the Fact -Finder's report and this will take the contract through 2009. 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 Attendee Name Title Status Present I Arrived Will Burbank Member Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Excused Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Excused Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present 5:35 PM Privilege of the Floor by the Public Milton Webb, City of Ithaca, spoke of a living wage and said there are many people in Tompkins County who are working 40 hours per week and who are unable to survive or support their families. He asked the Legislature to give consideration to this and support actions to change this. Mr. Stein arrived at 5:35 p.m. Privilege of the Floor by the Public (continued) Stanley McPherson, City of Ithaca, said he will continue to attend Legislature meetings to impress on the Legislature that a living wage is very much needed. As employees of the Tompkins County Recycling and Solid Waste Center, he and Mr. Webb, the earlier speaker, 41 February 19, 2013 perform a good service for Tompkins County to make sure the recycling plant is efficient and safe but are not being paid what they need according to the wages that are needed to live in this community. He said they will continue to attend meetings to urge Legislators to put something in place to help them. Ms. Robertson said the Legislature will be looking at a policy relating to the subject of a living wage and a draft will be presented to the Budget, Capital, and Personnel, and the Government Operations Committees within the next month. Mr. Mareane commented that he has drafted a memorandum that he will present at those meetings as well. Chair's Report, and Chair's Appointments Ms. Robertson made the following appointment: Civil War Commission Eric Acree - term expires May, 2015 Terms Expire December 31, 2013: Tompkins County Area Development Board of Directors Will Burbank Chamber of Commerce Martha Robertson (Legislature Chair has designated seat, per Chamber bylaws) Jim Dennis, Alternate Extension Service - One liaison, second liaison optional Will Burbank Dave McKenna Local Advisory Board on Assessment Review Caroline/Danby - Frank Proto Newfield/Enfield - Dave McKenna Groton - Brian Robison Dryden - Mike Lane, Martha Robertson Town of Ithaca - Will Burbank, Dooley Kiefer, Peter Stein Lansing - Pat Pryor, Dooley Kiefer Ulysses - James Dennis City of Ithaca - Carol Chock, Kathy Luz Herrera, Leslyn McBean-Clairborne, Pam Mackesey, Nathan Shinagawa Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne - Chair Ethics Advisory Board Dooley Kiefer - Chair Report from County Administrator Annual Corporate Compliance Plan Report 42 February 19, 2013 Ms. Younger, Deputy County Administrator, presented the 2012 Annual Report on the Compliance Plan. A copy of the full report is available through the Legislature Office. 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: Kathy Luz Herrera, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Carol Chock, Pamela Mackesey, Frank Proto Resolution 2013-19: Authorization to Accept Department of Homeland Security Grant - Sheriff's Office (DOC ID: 3993) WHEREAS, in 2011 Tompkins County was awarded $180,000 through the FY 2011 State Homeland Security Program (SHSP), and WHEREAS, per federal guidelines, $60,840 of the total award must be directed towards law enforcement terrorism -prevention activities, and WHEREAS, the Sheriff's Office had targeted these funds to be used to conduct a county -wide law enforcement Information Security Risk Assessment leading to the development of policy and information sharing protocol, as well as the purchase of secure Wi-Fi equipment for mobile connectivity for our patrol vehicles, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Sheriff's Office accept this grant to be utilized in 2013 for the aforementioned purposes, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following adjustment to the 2013 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $60,840 Appropriation: 3113.52220 (Department Equipment) $60,840 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-20: Authorization to Accept New York State Child Passenger Safety Seat Grant (DOC ID: 3995) WHEREAS, the Tompkins County Sheriff's Office has received funding in the amount of $8,000 for 2013 through the New York State Governor's Traffic Safety Committee and these funds may be applied to the Tompkins County Child Passenger Seat Program, and WHEREAS, these funds will be used to reimburse the cost of new car seats to keep the Child Passenger Seat program running, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County accept this 43 February 19, 2013 grant, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget adjustment: Revenue: A3113.43389 Other Public Safety Revenue $8,000 Appropriation: A3113.54319 Program Supplies $8,000 SEQR ACTION: TYPE II -20 ********** Resolution 2013-21: Authorization to Appropriate Department of Homeland Security Grant Funding (DOC ID: 3996) WHEREAS, in 2012 the Sheriffs Office had been approached by the Cornell University Police Department who had 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 was made available for such purpose, and WHEREAS, Cornell University was unable to apply for said funds on its own due to not being a municipality as required by Homeland Security Grant guidelines, and WHEREAS, Tompkins County as the grantee was able to 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, on August 7, 2012, by Resolution No. 157, the Tompkins County Legislature gave its approval to the Sheriff's Office to accept said funds in 2012, and WHEREAS, the Sheriffs Office and Cornell University were unable to complete the purchase of the related equipment and obtain reimbursement during the remainder of the 2012 budget cycle, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That these funds be utilized in 2013 for the aforementioned purpose, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following adjustment to the 2013 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $46,550 Appropriation: 3113.52220 (Department Equipment) $46,550 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-22: Authorization to Appropriate Department of Homeland Security Grant Funding (DOC ID: 3997) WHEREAS, in 2012 Tompkins County was 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, $26,500 of the total award must be directed towards law enforcement terrorism -prevention activities, and WHEREAS, the Sheriffs Office had targeted these funds to be used for much-needed night - 44 February 19, 2013 vision and thermal -imaging equipment to locate suspects as well as lost and missing persons concealed by cover of darkness, and WHEREAS, on October 16, 2012, by Resolution No. 208, the Tompkins County Legislature gave its approval to the Sheriff's Office to accept said funds in 2012 (RES -2012-208), and WHEREAS, the Sheriff's Office was unable to complete the purchase of this equipment and obtain reimbursement during the remainder of the 2012 budget cycle, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That these funds be utilized in 2013 for the aforementioned purpose, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following adjustment to the 2013 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $26,500 Appropriation: 3113.52220 (Department Equipment) $26,500 SEQR ACTION: TYPE II -20 ********** Resolution 2013-23: Authorization to Accept Project Lifesaver Donation (DOC ID: 3998) WHEREAS, the Tompkins County Sheriff's Office has received a donation in the amount of $8,186.00 from the An Evening to Remember Gala for use in implementing the Project Lifesaver Program, and WHEREAS, on November 7, 2012, the Public Safety Committee supported the event and the Project Lifesaver Program, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County accept this donation, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget adjustment: Revenue: A3113.42770 Other Miscellaneous Revenue $8,186 Appropriation: A3113.54319 Program Supplies $8,186 SEQR ACTION: TYPE II -20 Explanation: This is a program that allows the Sheriff to obtain radio transmitter bracelets that people can obtain and have installed at the Sheriff's Department for loved ones. In the event the individual wearing the bracelet ends up missing the Sheriff would have the ability to track the radio transmission and identify their location. * * * * * * * * * * Resolution 2013-24: Budget Adjustments — Public Health (DOC ID: 3999) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Health Department Revenue Acct Title Amt Approp Acct Title(s) 45 4090.43489 4090.43489 4090.43489 4090.43489 4090.43489 February 19, 2013 State Aid $ 9,900 State Aid $ 161 State Aid $ 1,000 State Aid $ 3,066 State Aid $ 710 4090.54319 4090.52206 4090.52214 4090.54303 4090.54333 Program Supplies Computer Equipment Office Furnishings Office Supplies Education & Promotion Explanation: COLA funds are available and were unbudgeted. Funds will be used for household visits, office supplies, computer monitor and a vertical file cabinet. Health Department Revenue Acct Title Amt Approp Acct Title(s) 4016.43489 State Aid $12,832 4016.54333 Education & Promotion Explanation: COLA funds are available and were unbudgeted. Funds will be used for advertising of tobacco program initiatives. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-25: Award of 2013 Strategic Tourism Implementation Grants (DOC ID: 3980) WHEREAS, Tompkins County has established a one-time grant funding opportunity to support implementation of the 2020 Tompkins County Strategic Tourism Plan, and WHEREAS, the Tompkins County Legislature by Resolution No. 180 accepted the 2020 Strategic Tourism Plan on September 18, 2012, and WHEREAS, funding exists within the room occupancy tax -funded Tompkins County Tourism Program budget for 2013 for Strategic Tourism Plan Implementation Grants, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants are approved: Applicant / Project Award Tompkins County Chamber of Commerce Wayfinding and Interpretive Signage $62,970 Plan Ithaca Tompkins County Convention and Visitors Bureau Ithaca Farm to Table $54,030 Culinary Tourism Initiative Downtown Ithaca Alliance Ithaca Commons Tourism Enhancement: $30,000 Information Kiosks RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with the award recipients pertaining to the aforementioned projects. SEQR ACTIONS: TYPE II -18 AND TYPE II -16 (Signage Plan) TYPE II - 20 (Culinary Tourism Initiative) TYPE II - 7 (Information Kiosks) * * * * * * * * * * 46 February 19, 2013 Appointments Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Pamela Mackesey, Frank Proto Advisory Board on Indigent Representation Kristine Shaw - term expires December 31, 2015 Criminal Justice Advisory/Alternatives-to-Incarceration Board Paula Wright - Agency providing crime victim services - term expires December 31, 2014 Substance Abuse Subcommittee - terms expire December 31, 2016 William Maxwell - Community Member Kathleen Marco -Blair - Community Member Greater Ithaca Activities Center Nathan Shinagawa - Legislator; term expires December 31, 2013 * * * * * * * * * * Capital Plan Review Committee Mr. Burbank asked that the final choice for the chairs be brought back to full Legislature before a final decision is made. Mr. Lane will follow-up with the architects to see if this is possible. Planning, Energy, and Environmental Quality Committee Resolution 2013-26: Authorizing New York State Department of Transportation (NYSDOT) Master Mass Transportation Capital Project (MMTCP) Supplemental Agreement #4 - Tompkins Consolidated Area Transit (TCAT) and Tompkins County, Providing Reimbursement to TCAT and Tompkins County for Monies Already Spent Under 2006 - 2016 NYSDOT MMTCP (DOC ID: 3979) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Dooley Kiefer, Member Will Burbank, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Pamela Mackesey, Frank Proto WHEREAS, the New York State Department of Transportation and Tompkins County executed a contract (No. TCA2MS, K006701) (County Resolution No. 228, 12/19/ 2006) to authorize payments to the County for the State Mass Transportation Capital Program aid for the period October 1, 2006, to September 30, 2016, and 47 February 19, 2013 WHEREAS, the State Mass Transportation Capital Program includes two programs - the State Dedicated Fund Program (SDF), which provides up to 100% of project funding, and the Federal Transit Program Aid, which provides a 10% match for projects eligible for Federal Transit Administration (FTA) funding, and WHEREAS, the New York State Department of Transportation awarded $182,855 to match Federal Transit Administration grants (NY -90-X688 and NY -90-X672) to reimburse the capital expenses by Tompkins Consolidated Area Transit, Inc., and the County, as follows: PIN County Projects Amount 3820.99.001 Project Administration 2012 $ 6,150 3820.99.001 Project Administration 2011 6,000 3822.78.001 Mobility Management 2012 4,500 3822.78.001 Mobility Management 2011 4,250 3822.90.001 County Projects TOTAL $ 20,900 PIN TCAT Projects Amount 3821.24.001 Acquire Support Vehicles (2) $ 2,500 3821.78.001 Preventive Maintenance 2012 67,284 3821.78.001 Preventive Maintenance 2011 49,334 3821.84.001 Rehab/Renovate Bus Surveillance/Security System 1,000 3822.90.001 Buy Assoc Capital Maintenance Items 2012 (engines) 2,875 3822.95.001 Buy Replacement 40 -ft Transit Buses (7) 33,704 3824.01.001 Short -Term Planning 2012 2,000 3824.01.001 Short -Term Planning 2011 3,258 TCAT Projects TOTAL $161,955 , now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature authorizes said Mass Transportation Capital Project Supplemental Agreement #4, for $182,855, be executed by Tompkins County with New York State Depaitiuent of Transportation, 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 I1-20 * * * * * * * * * * Public Safety Committee Mr. Burbank said Legislators received a letter this evening from a gentleman concerning problems he experienced with the Sheriff's Office. Mr. Burbank said while it is not normal that things of this nature would go to a committee he wanted to know the process for this being reviewed. Following a brief discussion it was agreed Mr. Mareane will be provided with a copy of the letter and it will be looked into. Ms. Pryor asked if there is any independent review process for these types of complaints. Mr. Robison said there is not a civilian review board; the initial investigations are done by the Sheriff's Administration depending on the personnel that are the subject of the investigation. A 48 February 19, 2013 presentation was given last year at a Public Safety Committee meeting. It was requested that the Committee be provided with this information again at an upcoming meeting. Resolution 2013-27: Authorization to Appropriate Legislative Award Received in 2012 to 2013 Budget (DOC ID: 3994) Ms. Kiefer requested that the source of funds be included in the resolution's explanation. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Pamela Mackesey, Frank Proto WHEREAS, in 2012 the Tompkins County Sheriffs Office had 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 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 purchase an all -terrain vehicle to be used for locating and harvesting illegal marijuana grown in highly vegetated areas as well as during search and rescue operations, and WHEREAS, the Public Safety Committee previously approved the acceptance of these funds, and WHEREAS, the Sheriff's Office was unable to complete the purchase of the all -terrain vehicle and obtain reimbursement during the remainder of the 2012 budget cycle, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That these funds be utilized in 2013 for the aforementioned purpose, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following adjustment to the 2013 budget: Revenue: 3113.43389 (Other Public Safety Revenue) $12,500 Appropriation: 3113.52220 (Department Equipment) $12,500 SEQR ACTION: TYPE I1-20 Explanation: The Sheriff's office received a letter dated August 28, 2012, from Senators Thomas F. O'Mara and James L. Seward informing them that $12,500 has been secured for the Tompkins County Drug Enforcement Unit through the Division of Criminal Justice Services. * * * * * * * * * * Economic Development Committee Resolution 2013-28: Appointments to Industrial Development Agency (DOC ID: 3937) 49 February 19, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 3] Will Burbank, Member James Dennis, Member Burbank, Dennis, Lane, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Dooley Kiefer, Leslyn McBean-Clairborne Carol Chock, Pamela Mackesey, Frank Proto 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 Economic Development 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 James Dennis - Member, Tompkins County Legislature Will Burbank - Member, Tompkins County Legislature Martha Robertson - Member, Tompkins County Legislature Larry Baum - TCAD representative Grace Chiang - Member, At -Large RESOLVED, further, That Svante Myrick, Mayor, City of Ithaca, appointed by Resolution No. 14 of February 7, 2012, continue as an At -Large member for the completion of his two-year term, RESOLVED, further, That Martha Robertson serve as the Chair of the Industrial Development Agency, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to file with the Secretary of State a Certificate of Appointment. SEQR ACTION: TYPE II -20 ********** Minutes of Previous Meeting - January 29, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 1] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Lane, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Carol Chock, Pamela Mackesey, Frank Proto 50 Recess February 19, 2013 Ms. Robertson declared recess at 8:05 p.m. The meeting returned to open session at 8:15 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Ms. Kiefer, to enter into executive session at 8:15 p.m. to discuss a personnel matter. The meeting returned to open session at 8:45 p.m. matter: The following is a vote result on the motion to enter into executive session to discuss a personnel RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Dooley Kiefer, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Pamela Mackesey, Frank Proto Adjournment On motion the meeting adjourned at 8:45 p.m. 51 March 5, 2013 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 Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present 5:36 PM Michael Lane Vice Chair 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 Present Peter Stein Member Present 5:33 PM Request for Executive Session Ms. Robertson requested an executive session at the end of the meeting to discuss personnel matters. Privilege of the Floor by the Public Mr. Stein arrived at 5:33 p.m. Victor Tiffany, Town of Danby resident, gun owner, and political blogger, spoke about the SAFE Act that has been adopted by the New York State Legislature. He said it is unknown whether the law is constitutional and whether it will pass the Supreme Court but believes they are there to render a judgment on bills likes this and it is not up to this community to make that decision. If anyone does not like the outcome of the court's decision he said they can challenge the decision in court. Nancy Burston, Town of Enfield resident and Associate Director of the Human Services Coalition, said a few years ago the Commission asked agencies that go through the Human Services Coalition funding process to visit the Legislature at some point and take advantage of Privilege of the Floor to talk about services they provide. She said the Coalition has asked two agencies to attend each meeting from now through July. Ms. Kiefer arrived at 5:36 p.m. 52 March 5, 2013 Deborah Dietrich, Executive Director of Opportunities, Alternatives, and Resources (OAR), thanked the Legislature for its continued support of the Agency. She reported last year OAR did 69 bails which is estimated to have saved the County $459,000 in averted boardout costs. To date, there have been 13 bails, saving an estimated $90,000. Ms. Dietrich said a year ago the Agency started the Choices Program with United Way funding. This program is for female clients and female partners of those who are incarcerated. The program is a strength -based series of workshops that helps women find their strengths and figure out why they have made bad choices in the past as well as make better choices in the future. This year for the first time Agency staff are in the Jail doing this programming and have already had three graduates since January. She said none of this would be possible without the base support of from Legislature. Perri LoPinto, Director of Community Relations at the Franziska Racker Center, spoke concerning proposed funding cuts to the Agency. She said the Center is a large non-profit human service organization that serves people with developmental disabilities and mental health issues in three counties. She asked for the Legislature's help as they feel the Governor is trying to balance his budget on backs of people with disabilities. The proposed $120 million cut to Medicaid funding which will then not be eligible for the match for the federal government turns into a cut of $240 million Ms. LoPinto said this is being spread only to the voluntary non -profits and not the State-run programs and results in a six percent cut and for the Franziska Racker Centers it equals a $1 million cut in funding. She distributed packets of information and sample letters to State representatives to let the Governor know these drastic cuts will hurt many agencies in Tompkins County and said it is beyond belief that non -profits are being punished in this way. She urged Legislators to contact State leaders to oppose this and at the same time to request that if the cuts are passed that additional monies through the Transformational agenda be directly applied to these cuts. Report from a Municipal Official(s) Rod Howe, newly elected Town of Ithaca Board Member, briefly reported the Town's Comprehensive Plan has now been turned over to the Town Board and a public hearing will be scheduled. The document is on the website and he encouraged comments be submitted. Report from the County Administrator Mr. Proto spoke of Ms. LoPinto's comments under Privilege of the Floor and requested that the Legislature receive information at the next meeting and be provided an update on any new developments with the State Budget that impact Tompkins County. Resolution(s) and Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Will Burbank, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-29: Approval of 2013 Succession of Members of the County Legislature to Serve in the Absence of the Chair and Vice Chair (DOC ID: 3991) 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 53 March 5, 2013 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 2013 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, Budget, Capital, and Personnel Committee Chair, Government Operations Committee SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-30: Appointment of Temporary Hearing Panel Members (DOC ID: 3983) WHEREAS, the Department of Assessment has decided and the Tompkins County Legislature concurred that it is in the best interest of the County to continue with full value assessments determined on a yearly basis, and WHEREAS, Real Property Tax Law 523-a permits the County Legislature to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review members, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review members, namely Jan deRoos, Robert Walpole, Michael Cannon, Judy Malys, Josh Lower, and Linda Santos, be appointed to serve on Administrative Review Panels for 2013, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-31: Authorization to Execute a Supplemental Agreement with Fisher Associates, P.E., L.S., P.C., for Construction Inspection and Support Services - Hanshaw Road Reconstruction Project, PIN 3753.25 (DOC ID: 4010) 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 reconstruction of County Road 109, Hanshaw Road, with a traffic volume of 6,315 vehicles per day in 2011, in the Towns of Ithaca and Dryden and the Village of Cayuga Heights, (the "Project"), and WHEREAS, Fisher satisfactorily provided design services and is qualified to provide construction engineering support and construction inspection services for the Project, and WHEREAS, Fisher is one of 14 engineering consultants that New York State Department of Transportation (NYSDOT) has fully qualified and authorized for such work in Tompkins County's region, and WHEREAS, the County Highway Director has recommended Fisher as best qualified to provide construction inspection services for the Project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County 54 March 5, 2013 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 Construction Inspection and Support Services in connection with the referenced project for an amount not to exceed $273,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned supplemental agreement amount, funds to be provided from account HZ5103.59239.53.10 (Hanshaw Road Capital Account). SEQR ACTION: Unlisted, Negative Declaration issued (No further action required) * * * * * * * * * * Appointment Environmental Management Council Brian B. Eden - Village of Cayuga Heights representative; term expires December 31, 2014 Resolutions Added to and Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Government Operations Committee Ms. Robertson asked that Mr. Mareane let all Legislators know when the subcommittee will meet. Resolution 2013-32: Authorizing a Public Hearing on Proposed Local Law No. a of 2013 — Amending Chapter 32 - Code of Ethics (DOC ID: 3901) RESULT: ADOPTED [UNANIMOUS] MOVER: Pat Pryor, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, in 2010 the New York State Comptroller conducted an Ethics Audit in Tompkins County that included some recommendations for improvements to the Code of Ethics, and WHEREAS, the County Administrator upon receipt of said Audit report, referred it to the Ethics Advisory Board for review, and WHEREAS, the Ethics Advisory Board reviewed the Audit report and made recommended changes to the Code of Ethics that addressed the Audit recommendations and that clarified other portions and on August 10, 2011, forwarded the revised Code to the Government Operations Committee for consideration, and WHEREAS, the Government Operations Committee has now completed its review, has recommended further changes to the Code of Ethics and has forwarded the revised Code to the Tompkins County Legislature for adoption, and WHEREAS, any changes made to the Code of Ethics requires a local law be adopted and a public hearing be held, now therefore be it 55 March 5, 2013 RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on March 19, 2013, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. a of 2013 - Amending Chapter 32 - Code of Ethics. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-33: Authorization to Participate in Various Contracts Let by Any Government Entity in the United States of America (DOC ID: 4024) RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, 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, General Municipal Law § 103 has been amended to allow counties to utilize a contract let by the United States of America or any agency thereof, any state or any other county or political subdivision or district therein for materials, equipment, supplies, or contract for services, and WHEREAS, the Finance Department may determine throughout the 2013 fiscal year that it would be in the County's best interest to participate in another government agency's contract, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Tompkins County is hereby authorized to exercise the option to participate in any other United States Government agency's bid or a bid of New York State or of any New York State county or political subdivision or district therein for materials, equipment, supplies, or contract services as authorized by General Municipal Law § 103, RESOLVED, further, That the County Administrator, or his designee, be and hereby is authorized to execute required contract documents. SEQR ACTION: TYPE II -20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2013-34: Award of Contract - Terminal Cleaning Services - Ithaca Tompkins Regional Airport (DOC ID: 3968) 56 March 5, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Peter Stein, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Finance Department advertised a Request for Proposals for a three-year contract, with an option to renew for a further three years, to provide terminal cleaning services at the Ithaca Tompkins Regional Airport, and three proposals were received, and WHEREAS, the lowest responsible proposal and considered in the best interests of the airport was received from Cindy's Cleaning Service of Ithaca, NY, and WHEREAS, the cost of the three-year contract, commencing on March 1, 2013, will be as follows: Year One Year Two Year Three , now therefore be it $ 132,300 $ 144,924 $ 147,601 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract be awarded to Cindy's Cleaning Service of Ithaca, NY, and that the County Administrator be and hereby is authorized to execute said contract. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:31 p.m. The meeting reconvened at 7:41 p.m. Budget, Capital, and Personnel Committee Ms. Robertson requested that information on each of the finalists be provided to all Legislators. Resolution 2013-35: Opposing Executive Budget Proposals Constraining Industrial Development Agencies' Authority to Abate Sales Taxes (DOC ID: 4030) Ms. Kiefer said it makes sense to her for the State to want to control its own share of the four percent sales tax. She spoke of the argument that it will "make it extremely difficult to deliver these abatements to manufacturing products, creating new, complicated barrier to job creation," and said she does not understand the problem because that is the kind of things that the State's regional economic entities want to see happen. 57 March 5, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] James Dennis, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer WHEREAS, Industrial Development Agencies in New York State, including the Tompkins County Industrial Development Agency (TCIDA), have the authority to abate local property taxes, the State and local share of sales taxes on construction materials and equipment, and the mortgage recording tax, in order to support new and expanding businesses as they invest to create new jobs in the state, and WHEREAS, over the years the TCIDA has granted these abatements to private sector projects stimulating over $300 million in investment and creating more than 4,800 quality employment opportunities for local residents, and WHEREAS, these abatements have helped to create quality jobs at local manufacturers and to stimulate private sector investment in urban redevelopment projects, and WHEREAS, Governor Cuomo has proposed changes to the laws that govern IDAs that would completely eliminate their authority to abate the State portion of the sales tax for urban redevelopment projects, and WHEREAS, the proposed changes would also make it extremely difficult to deliver these abatements to manufacturing projects, creating a new, complicated barrier to job creation, and WHEREAS, the State's support of economic development through IDA sales tax abatements is a highly efficient way for the State to participate in the historical partnership with local decision -makers, and the new proposals represent a completely different direction, now therefore be it RESOLVED, on recommendation by the Budget, Capital, and Personnel Committee, That the Tompkins County Legislature opposes the Governor's proposed changes to the authority of IDAs to abate the State portion of sales tax, RESOLVED, further, That copies of this resolution be forwarded to Governor Andrew Cuomo, New York State Senators James L. Seward, Thomas F. O'Mara, and Michael F. Nozzolio; Senate Leader Jeffrey D. Klein; Senate Leader Dean G Skelos; Senate Democratic Leader Andrea Stewart -Cousins; New York State Assembly Speaker Sheldon Silver; Assembly Minority Leader Brian M. Kolb; New York State Assemblywoman Barbara S. Lifton, and NYSAC (New York State Association of Counties). SEQR ACTION: TYPE II -20 Recess * * * * * * * * * * Ms. Robertson declared recess at 8:41 p.m. The meeting reconvened at 8:46 p.m. Executive Session The following is a vote result on the motion to enter into executive session to discuss a personnel matter at 8:41 p.m. The meeting reconvened at 8:46 p.m. 58 March 5, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Minutes of Previous Meeting - February 19, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [14 TO 1] Frank Proto, 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 9:25 p.m. 59 March 19, 2013 Regular Meeting Public Hearing - Proposed Local Law No. a of 2013 - Amending Chapter 32 - Code of Ethics Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the proposed Local Law Amending Chapter 32 - Code of Ethics and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag Members and guests participated in Pledge of Allegiance to the Flag. Roll CaII of Members Attendee Name Title Status Arrived Departed Will Burbank Member Present Carol Chock Member Present _ James Dennis Member Present _ Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Excused Lesl n 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 Present Peter Stein Member Present 5:34 PM 10:31 PM Moment of Silence Ms. Robertson asked for a moment of silence in memory of the ten year anniversary marking the Iraq War. Announcement of Executive Session Ms. Robertson announced there would be an executive session held later in the meeting to discuss a personnel matter. Distinguished Youth Award Mr. Stein presented the March 2013 Distinguished Youth Award to Ithaca High School sophomore Ben Stewart. He was nominated by Larry Roberts in recognition of his commitment to the AIDS Ride for Life. Mr. Roberts called Mr. Stewart "a role model for his peers demonstrating what it can look like to support a cause which ones supports," and stated his commitment reminds the community of the ongoing need of support and services for those living with AIDS and the responsibility that all must share to support AIDS services in this community. Privilege of the Floor by the Public 60 March 19, 2013 Joe Boys, Ithaca, spoke of his experience in public health over the years and said he does not have much knowledge about guns but knows about assault rifles and heavy weapons. He said he is speaking from a public health point of view on behalf of people who cannot speak this evening. Children are bearing the brunt of what has been going on. Children are dying from weapons every day at a higher rate in America than any other country. Lewis Ward, Newfield, submitted the following statement: "My name is Lewis Ward. I have lived in Newfield since 1985 and the County since 1975. "I would like you to support resolution 4056 or at least amend the resolution so that you, as a body, can indicate a questioning of the Safe Gun Law. This law was rushed into enactment without the proper procedural review to assess the impact of the legislation. I see this as a failure to allow inclusion in the democratic process. Our own Assemblywoman, Barbara Lifton co-sponsored the legislation and while there were some very good measures, she failed to assure proper procedures. Legislation should be based on the body of existing laws rather than the caprice of a politician or well -funded interest groups. This process failure is alone enough to warrant repeal so as to allow review and discussion. "I know many of you and my understanding is that you encourage the practice of good governance rather than poorly thought out media stunts by politicians with high aspirations. What was indicative of Cuomo's hubris was his major amendment allowing movie productions to have weapons that citizens can't own. It would be laughable, if his concern for New York Workers wasn't so pathetic. "This law was enacted without any consideration of financial support for possible retooling Remington Arms or retraining the workforce to support the larger Utica economy. That is poor social planning and shows no respect for workers and their families from those politicians who blindly wrote and continue to defend this legislation. Is this type of planning that the progressive democrats think is just? "My own inclination and training is in ecological theory and science. I have been trained to see the forest for the trees. I would expect legislators to foster that integrative thinking that is so well used in strategic planning and ecological sciences. When major changes are perceived we should allow time for deliberation. I have become aware of the complexity and interrelationship of the body of laws. I appreciate the attempts at thoroughness of the committee review work that so insures good legislation. "The NYS SAFE Act failed at this. Is this the type of governance we want?" Timothy Bernhart, Brooktondale, submitted the following statement on behalf of Ian Bishop and the group of citizens who have been meeting. "I am here to speak to you about my opposition to the New York S.A.F.E. Act. First, I would like you to know that myself and a group of concerned citizens collected over 1600 signatures opposing the SAFE Act in one week's time. We did this on our own, without the backing of any political action committee or lobbying group (Petitions attached). "There is no hard evidence that laws such as these prevent crime or make it more difficult for criminals to break the law. In fact, the exact opposite is true. According to the FBI Uniform Crime Reports, firearm homicides in our state showed a decrease of 14% from 2010 to 2011. According to the same report, as restrictions on firearms are relaxed across our nation, violent crime has been on the decrease. The mantra "more guns equals more crime" does not ring true. "On part of this law is the reclassification of so-called "assault weapons". Cosmetic features specific to the NY SAFE Act do not make one firearm more dangerous than the next. Of the 12,996 61 March 19, 2013 murders in the United States in 2010, 8,775 of them were committed with a firearm. Of those only 358 were committed with a rifle of any type. That amounts to about 4% of all the firearm related murders in the country that year. (FBI Uniform Crime Reports) (<http://www.fbi.gov/about-us/cjis/ucr/crime-in-the- u.s/2010/crime-in-the-u.s.-2010/tables/lOshrtb108.xls>). The number is even less in our State. The fact is that the crisis in our state that Governor Cuomo invented so he could pass this law un -constitutionally, simply doesn't exist. "Another facet of this law is "universal background checks". You have probably heard the often stated statistic that 40% of firearm sales happen without a background check. This is a false statement. This is a reference to a survey that was conducted in 1993 and 1994. It found that only 4% of firearms came from a gun show or other "un -regulated" source, and 17% came from a family member. Numbers that do not support the 40% myth then, or today. "Not only do the numbers not back up the reasons the law was written and passed, our own Sheriffs Association made the following statement on their website: "It is the view of the Sheriff's Association that anytime government decides it is necessary or desirable to nibble around the edges of a Constitutional right that it should only be done with caution and with great respect for the Constitutional boundaries. And it should only be done if the benefit to be gained is so great and certain that it far outweighs the damage done by the constriction of individual liberty. While many of the provisions of this bill have surface appeal, it is far from certain that all or even many, of them will have any significant effect in reducing gun violence, which is the presumed goal..." (<http://www.nysheriffs.org/>). "With all that I have laid forth until now, the main reason you should pass this resolution in opposition of the NY SAFE Act is simply because it violates the US Constitution's 2nd Amendment, the New York State Constitution's Article 12 and the New York Civil Rights Act, Article 4, Section 2. This law is a direct attack on the Liberty of every citizen in New York. NY SAFE is another attempt to chip at the Civil Liberties we enjoy as human beings. The provisions in the law are a burden to the law abiding tax payers of this county and the State as a whole. I urge you, to vote in favor of any resolution opposing the NY S.A.F.E. Act. It stands in direct opposition to our rights that are endowed by our Creator. These rights cannot be legislated away. "I would like to close with a quote I heard in 2007..."I believe it is absolutely our job to listen to our constituents, as long as it takes for you to speak to us." This quote is attributed to Martha Robertson and she Chair's this same legislative body. We are speaking to you madam Chair. Please listen to us. "Thank you." John O'Rourke, Newfield, spoke in opposition to the SAFE Act and read information he has gathered over the last few weeks. He spoke of the issues raised by the Federal Department of Veteran Affairs and the cost of the law to New York taxpayers, In Tompkins County, there is an opportunity to set a precedent that its residents won't tolerate gun violence. The defendant who shot a local Ithaca police officer had been in the court system for years. It is time for the Courts to stop plea bargaining. He read the following quote from Samuel Adams: "The said Constitution shall never be constructed to authorize Congress to infringe or to prevent the people of the United States of America who are peaceful citizens from keeping or restricting their firearms". He asked Legislators to review information he has presented before making a decision. Tony Tavelli, Town of Caroline, read and submitted the following statement: "First, I am here to show support for a resolution asking the State to abolish the Safe Act Law. For reasons given by drafters of said resolution. "Also would like to address the 230% increase in property assessment value on what has been 62 March 19, 2013 labeled "Rural Land". "I would also like you to consider the consequences of such a drastic increase in cost to owning rural land. "One very obvious consequence is that property owners of large tracts of land will be forced to sell pieces of what is for most. Their heritage. Cutting it up into lots that will grow houses. This would be contrary to the Comprehensive plan of The Town of Caroline and most if not all plans of Tompkins. Where there is a wish for open land and farming. "After spending years on the Town of Caroline Planning Board and reading the news and plans of Tompkins, and complaints of all municipalities on the 2% tax cap. It looks to me that this 230% increase is a way to increase tax revenue and still slide under the cap. Putting unfair stress on the farmer and rural or large land owner, while businesses of the elected choosing get 10 years of tax free existence to build in Ithaca. That is also contrary to the plan of self -sustainable Tompkins. Anything that must be subsidized is not self-sustaining. It's an expensive luxury. "As a Board of Education member I know all about the tax cap and surviving it. What I find most frustrating today, is all municipalities, school districts, teacher's union and anybody on the dole from the State, is crying, "You can't cut me". Send me my check! Like the stereotypic welfare recipient. There's work you could do to create your own revenue. But no! I ain't doing that! I ain't working at McDonald's. Send me my check! "What am I talking about? Developing our minerals. It's work and it pays you a pay check. Instead of going to work! You send me, the farmer, the bill. Stop the non -sense. Go to work! "This body here in front of me has been very active in attacking private property usage. Pigeonholing us all into your mold. We all are different. Different dreams, different loves. Laws restrict. Cage us. So many that we can't breathe. Unable to be what our parents raised us to be. No different than asking a black man to be white, or a gay man to be straight. You can't be happy if you're not able to breath! To live! Smothered people don't produce! Eventually they will rebel. Armed or not! James Murphy, Ithaca, said the bill contains key points that mean a lot to him, although he believes it contains some things that need more discussion such as the mental health issue. He said he is a gun owner and comes from a family of hunters. His issue is the large round clips and semiautomatic weapons. The one thing he agrees with is getting the assault weapons and high round magazines off the table. Jeffrey Weiss, Ithaca, spoke in support of the SAFE Act. He believes it is important that reasonable laws governing fire arms result in a safer community and less violence and listed the reasons he believes so. Frank Moore, Ithaca, spoke in support of the SAFE Act and submitted the following statement on March 21, 2013, after the meeting: "I spoke at Tuesday's meeting on SAFE, but neglected to practice for time, so I was incoherent at the end of my message. I'd like to offer this brief summary of my reasons for urging you to endorse SAFE: "One might ask, If SAFE were in force at Newtown, would the massacre have been prevented? "I doubt that the danger posted by Adam Lanza could have been anticipated firmly enough to warrant strong action under SAFE: Not confiscation of his guns -they were his mother's, held legally; not commitment to a mental hospital -he was weird but not violent. Nevertheless, SAFE could conceivably 63 March 19, 2013 have started a process of evaluation with a surprising outcome. So, in terms of thwarting the perpetrator, it seems doubtful that SAFE would have worked, but it might have. "In terms of the Bushmaster rifle, SAFE's mandate of 7 -round magazines, instead of the 15 used, would probably have limited the carnage, say to 15 instead of 26. Police veterans have pointed out that even a few seconds pause for reloading is a window of opportunity for responders to act, or for victims to escape while the shooter is distracted, however briefly. Also, jamming of the loading mechanism, as in the Colorado event, would be more likely. So, the SAFE mandate of 7 -round magazines could have significantly lowered the toll. "Under SAFE, the Lanza's Bushmaster itself would have been legally available, assuming that it was registered by Adam's mother. Possession of an assault weapon is not really banned by SAFE. "So, if SAFE were in force in Newtown, would the massacre have been prevented? I doubt it, but a dozen little lives could have been saved, I think. For this reason alone, I urge you to endorse SAFE for us, with magazines themselves limited to 7 rounds; if magazines with 10-roud capacity remain legal in NY, the 7 -round bullet limit seems unenforceable. "And I urge you not to favor delay for revision of SAFE; strengthen it later. There are 300 million handguns out there, an unsolvable problem. I believe that today there are less than 2 million AR - 15' s (with magazines) in civilian hands, but they're flying off the gun -shop shelves!" JoAnne Cipolla Dennis, Freeville, said she has committed herself to nonviolence. She was raised on a farm in Upstate New York and her father was a gun owner. She spoke of her exposure with guns and her experiences when growing up. Herb Engman, Ithaca, reported the Ithaca Town Board voted to support the SAFE Act. He and his family were hunters, but said he is perplexed by the increased fire power of weapons over the last decades. The government is always going to have more fire power than individual citizens. It is the government's job to keep democracy strong, and retain civilian leadership of the military. With regard to home protection, if that many bullets are needed a person probably isn't very skilled enough to be using the weapon. He strongly urged the Legislature to reject the resolution on the agenda this evening. Thomas Reynolds, Newfield, spoke in opposition to the NY SAFE Act. He said last year on June 5 and 19 this Legislature passed resolutions calling for Constitutional amendments and explained what he believes each of the resolutions do. He spoke in opposition to the NY SAFE Act and called on this Legislature to tell the Governor to stop abusing his power by waiving the three-day period for considering bills and to stop violating the 2nd Amendment and the New York States Civil Rights Law that states "the right of the people to bear arms cannot be infringed". Mr. Reynolds said the SAFE Act is an unfunded mandate that will burden Tompkins County with the cost of enforcing it. Victory Tiffany, Danby, disputed the previous speakers' statement. He asked how many people in the Legislature believe the law is unconstitutional. These matters can be taken to the Supreme Court. The Court has ruled most recently on the 2nd amendment that a Legislature can regulate dangerous and unusual arms. They have never ruled on the side of magazines and that is where he thinks the law might have problems. If you don't like the way your Legislator votes, everyone has the right to organize and find a new candidate for office. Anita Bellucci, Ithaca, said she was an elementary school teacher for 30 years in this area. She read some research she found alarming: First, America leads the developed world in death rate by gun fire. The second is the United States leads the world in the number of guns per capita. She strongly supports the SAFE Act and said she cares about children and her family, and the community She stated we live in a society with laws and rules and said they are important. 64 March 19, 2013 Sorel Gottfried, Ithaca, said she is a former Speech Pathologist for Tompkins and Cortland Counties. She spoke in support of the SAFE Act and asked the Legislature to reject the proposed resolution. Ellie Stewart, Ithaca, spoke in support of the SAFE Act. She is a retired social worker and because of that line of work she is aware that in the United States there are 30,000 people killed by gun violence every year. A number of those gun deaths are caused by suicide. She said the law won't keep everyone from committing suicide but it will make it harder. It will also have an impact on domestic violence. Tim Foote, Groton, spoke in opposition to the SAFE Act. He quoted from New York State Civil Rights Law: "The right of the people to keep in bear arms cannot be infringed" which is stronger than the 2nd Amendment that states "shall not". He believes this law infringes on people's rights. This law was passed in the dead of night. It requires not only background checks to purchase fire arms, but to buy ammunition. He said the biggest killer of human beings in the 20th century was not gun control, but gun control instituted by governments that kept their arms and made people defensiveness. If the government wants to do something about people dying, it should not take the rights of people away who are law abiding citizens. There is an epidemic of violence and crime because we have gotten away from the values we were raised with. Instead of taking the rights of law abiding gun owners away, let's address the issue. James Skaley, Ithaca, spoke in support of the SAFE Act and said while the Act won't reduce all gun violence, it will reduce irrational behaviors. He made the following points outlined in the law: tougher assault weapons bans, stronger regulation of large purchases of ammunition, limits magazine capacities to seven bullets, mental health alert of individuals who have expressed behaviors thought to lead to gun violence to others or themselves, universal background checks including private gun show sales, and it keeps guns out of schools. He also made points relating to the question of whether we are a violent society: U.S. has the highest gun ownership rate in the world and the U.S. ranks 11th worldwide in gun related deaths. Laurie Konwinski, Ithaca, spoke in support of sensible gun control and the SAFE Act. She believes in the dignity of human life and as a Catholic is compelled to stand on the side of the most vulnerable. The most vulnerable are those who suffer every day from gun violence, victims of domestic abuse, children who die in gun accidents, and youth in the inner city who are caught in the cross fire. These are the people whose rights are being trampled. She disagrees with those who believe that everyone should be armed in order to create peace and security. She urged the Legislature to support sensible gun control and not approve the proposed resolution. Dianne Ferriss, Ithaca, spoke in support of the SAFE Act and hopes the Legislature will too. She has supported gun control for a long time and spoke of Jim Brady being permanently injured in an assassination attempt on President Reagan in 1991. She became involved when a man accidently shot his daughter to death. States that have the most strict gun laws report fewer deaths due to gun violence. Higher household gun ownership correlates with higher rates of homicides, suicides, and unintentional shootings. She said finally following the shooting of children in Connecticut last December has resulted in the State and national leaders are now openly and actively discussing how to reduce gun violence. She applauds the State Governor for being the first in the nation to take decisive action. Frank Barry, Groton, asked the Legislature not to support the proposed resolution against the SAFE Act. He is appalled by the development of lethal weapons. He spoke of his personal experience of when he was shot as a young boy. He asked that those people who think it is important to have an assault weapon in your home, what do you suggest and recommend to plague the gun violence that is killing so many people in this country. Judith Van Allen, Ulysses, said she signed the petition supporting the SAFE Act. As a citizen 65 March 19, 2013 and former teacher who taught the Constitution, all of the Amendments have been restricted in one way or another. People have raised objections to some of the details in the law including background checks, etc. The most important aspect is to engage, in a direct way, in dialogue about gun violence in this country and take action against the high levels of gun violence. Marc Gittelson, Ulysses, thanked the Legislature for the opportunity to speak. He spoke in support of the SAFE Act. As a nurse for 31 years he has seen of enough violence from uncontrolled guns. He thinks the law makes sense and it's time for universal background checks and to remove assault weapons from the streets. Martin Kelly, Ithaca, said he is a New York State certified hunter safety instructor and represents the Tompkins County Federation Sportsman clubs. He corrected a definition referenced to an M-16 is a machine gun which was first regulated in 1934 by the Federal government. It requires a level of licensing today such that he doesn't know anyone who has a license. The definition of an assault weapon has been "watered down" to include what sportsmen use, not just machine guns. He cautioned Legislators to be careful of the definitions. Katherine Miller, Ulysses, spoke about the concern of people who cannot vote like the children and persons with mental illness who may be decompensating and need support. Because more education for the public is needed, she would be in favor of having a dialogue about mental illness. She is a retired mental health nurse and said no one is admitted to the hospital against their wishes if they don't' need to be. She said she is a survivor; she lost two people in her family from suicide. If people own guns they should know how to store them and separate from the ammunition. She spoke in support of the SAFE Act and thinks it is a good starting point. She also said people need to be much more active in their government. Theresa Alt, Ithaca, spoke in support of the SAFE Act. She said her complaint to Governor Cuomo is why it took so long. She said other things such as universal health care and mental health services should not have to wait until a person shoots someone before getting help. Bill Demo, Ithaca, submitted the following statement: "I'm here to speak in support of the NY SAFE Act and against the proposed resolution opposing the Act. First off, I'd like to make it clear that I'm not against guns (rifles, shotguns, or handguns) for target practice and recreation, for self-defense, and for hunting (in fact, I'd like to see the deer -hunting season extended so that we could begin to reduce the degradation of forest ecology due to the excess deer population, but that's another issue for another day). I hunted as a kid in a small town in Massachusetts, took a gun safety course sponsored by the NRA (a much different organization in those days), and was a proud possessor of my 20 gauge shotgun. I do support the various provisions of the Safe Act generally while acknowledging that it's not perfect (legislation never is) and will likely be tweaked over time. I most emphatically support that part of the legislation that limits the number of rounds in a magazine and don't see the limit of seven as the law specifies as an unreasonable restriction. In fact, I think it is manifestly reasonable and not a violation of the 2nd Amendment to limit the ability -of the crazed and the murderous -to shoot a lot of people in rapid fire, often, I might add, using the most lethal forms of ammunition. The fact is that every bullet that someone with an intent to do mass murder is able to get off ultimately has someone's name on it even though it often ends up being the only link between the shooter and his anonymous (to him) victim. Adam Lanza took 5 minutes to shoot 152 bullets and kill 26 people. When you look at the list of 20 children who were killed, it's hard not to think "Could any of the children have been saved if he wasn't able to get so many shots off so quickly?" Would it have been 10, maybe 5, maybe 2? Even if it was one young life that was spared it would have been worth it in my opinion. It may well be that such a numeric restriction on clip capacity slightly limits some form of recreational shooting. But when you put that limited restriction in a moral equation the other side of which is the promise of a small child's life, I fail to see the countervailing logic. As for fighting fire with fire, guns with more guns, and putting armed guards in schools to limit the likelihood of mass shootings as the NRA 66 March 19, 2013 absurdly proposes, what happens when the sick and crazed seek a different venue out of necessity? A library, a diner, a museum, a shopping mall, a theater. The irony is that those who are most demonstrative about losing any freedoms under the 2nd Amendment, by their own logic, push the rest of us inevitably down the road toward a militarized public sphere in which we all lose a much greater measure of freedom. Please reject this resolution." Jeff Lower, Ithaca, said he is a responsible gun owner and spoke in opposition to the SAFE Act. He said he has been hearing a lot of comments about assault weapons and encouraged the Legislature to familiarize and understand the differences between weapons. C. Barry Goodband, Brooktondale, said he has been a gun owner all his life. He spoke about good governance and believes the SAFE Act is a terrible bill. He believes it is a knee-jerk reaction to a tragedy. It is time for a serious conversation about gun violence and violence in general in this country. He urged the Legislature to speak to a military veteran or police officer and educate yourself and constituents about these weapons. He said a true and open dialogue needs to take place that avoids partisanship and favoritism. Rob Bailey, Dryden, spoke in opposition of the SAFE Act and said he and others are honest law- abiding patriotic citizens. He is a retired Army Lieutenant Colonel and said the firearms are used responsibly and he never hurts anyone and never will. He likes to use firearms as he sees fit without government intervention. He asked that the decision is fair and objective. Mark A. Sacco, Ithaca, spoke in opposition of the SAFE Act and urged the Legislature to pass the proposed resolution. He is also a Catholic and a retired school teacher. He works with young children, and is a safety hunter instructor. He objects to the way the law was passed by the Governor and believes it is an infringement on his rights. Pam Gueldner, Brooktondale, said she strongly supports the SAFE Act. She created an on-line petition that includes over 700 Tompkins County signatures that also support the public safety measures for reducing gun violence in the SAFE Act. She also spoke about another on-line petition in opposition to the SAFE Act that includes over 750 signatures, but it also includes 99 anonymous signatures and there is no residency listed. There are gun violence stories in the news every day and believes Legislatures' are not doing everything in their power to prevent these killings. Frank Martinez, Ithaca, provided some statistical information: In 2011, according to the FBI there were 745 homicides reported in the State of New York and of those, 5 were committed by a rifle, and 350 committed by knives, fists, etc. He believes that .006 of those homicides were committed by those weapons being unfairly targeted. The law would not have done anything to protect the innocent victims in the recent Herkimer shootings. Edward Weissman, Ithaca, said he believes the SAFE Act should be repealed as it represents overreach of government power and control. The New York Civil Rights Law and Constitution specifically protect the rights of individuals to keep in bear arms and laws cannot take the place of individual responsibility. To stop the killing of children there needs to be enforcement of gun laws currently on the books, prosecute those who lie on background checks, don't let people walk who have committed a crime with guns, etc. This law should be repealed to allow a full conversation can take place and put in place provisions that will help with gun violence without trampling on the rights of gun owners. The law was rushed through without discussion or debate. Dr. Jud Kilgore, Ithaca, referenced the headlines from yesterday's news about a man who had been told to stay away from his wife. He owned a gun and the article says the reason why most states allow people who should be kept away from a spouse to have a gun is because of the influence of the NRA and their subsidiaries. He said there has been very little done to curb gun violence. He said some of the things in the law should have been in the law decades ago. Although it is not perfect, but it is 67 March 19, 2013 better than what we have right now. George Vighavy, Ithaca, said he has lived in the Town of Ithaca for 30+ years and stated "shall not be infringed". Frances Weissman, Ithaca, said she has been living in the City for the past 36 years. She stated "power corrupts", "absolute power corrupts absolutely". She spoke about the Constitution and how it is structured that power remain in the hands of the people. That is why we have the separation of powers, and the Bill of Rights. The 2nd Amendment guarantees to the people their right to keep in bear arms. It is not about hunting, home protection, or a hobby, it is about having the ability to protect our freedom and it shall not be infringed. She also quoted from the New York Civil Rights law that "the right of the people to keep in bear arms cannot be infringed". The SAFE Act is unconstitutional and in violation of State law. She said the SAFE Act must be repealed in its entirety. Dean Shea, Lansing, spoke in opposition to the SAFE Act and said the State of Vermont has no gun laws and bans and very low crime. Our law enforcement knows that the law abiding will obey and the criminals will not. He commented on the law enforcement present at this meeting to protect us. If we really want to save lives, we need to put this in perspective. This is about rights, a privilege to defend yourself, your family, your property, and your fellow citizens. Common sense was not considered in this law and this law will not keep us safer. It makes it more difficult for people to defend themselves. Robert Hamilton, Dryden, said he has lived in Tompkins County since 1971 and grew up using guns. He went to a high school that had a rifle club that was run by the NRA. He said we are not taking care of the people who are getting possession of these guns. They have to be kept away from guns, children, and the schools. There needs to be more enforcement of the current laws. Logan Bell, Trumansburg resident and Marine Corp veteran, spoke in opposition to the NY SAFE Act. He said when he went into the military he took an oath to protect freedoms guaranteed by the Bill or Rights and believes this legislation is a threat to every person as it empowers the criminal element. Mr. Bell said the only way for decent people to fight back is with fire power and sees this as a "knee-jerk" reaction to a tragedy. He said our government has to stop and spoke of drone attacks, stating recently a 16 -year old American was killed in a drone strike. He also referred to the recent event in the City where guns could be turned in and stated it was a waste of public funds. David Nortz, McLean, spoke in opposition to the NY SAFE Act and said this is a Civil Rights issue, and believes so many people are present this evening because they are nervous and scared. He stated Governor Cuomo mentioned the word "confiscation" in a recent interview and the President wants to empower doctors to ask patients how many guns they have in their home and report them. Mr. Nortz said the only thing this does is limit public freedom and choice and make politicians feel good about themselves. He also said the State will find thousands of New Yorkers will be leaving over the next few years. Denver Jones, Candor resident who has worked and owns a business in Tompkins County for several years, said our founding fathers wanted every person to have a gun. It was the way of keeping the peace or keeping anyone else from taking away our liberties. He said the Governor is out of control and said the United States Constitution has been violated by the lack of input from anyone outside the State Legislature. Michael Terwilliger, Danby, submitted the following statement: "Please don't support the SAFE Act or through legislation take away my ability to protect myself and my family. According to the FBI the majority of violent crimes, around 70%, are committed by repeat offenders (FBI: Uniform Crime Reports). Why are they released back into society to commit more murders, to burglarize more homes, to commit more rapes, and to beat -up people and rob them? The 68 March 19, 2013 judicial -court system is a revolving door that forces law abiding citizens to live in fear of being attached, robbed, or even killed when going to a restaurant, the grocery store, a department store, or shopping mall. Those elected to office would serve their communities better by directing their efforts and legislation to fixing the revolving door judicial system. "Cuomo's SAFE Act, assault weapons ban, gun control bill will not prevent mass shootings or any shootings. So called assault weapons are used in less than 2% of crimes involving a firearm. Criminals, the mentally ill, and those intent on harming people will not submit to background checks and they won't register their guns and ammunition. Cuomo's bill places more restrictions on law abiding people's ability to protect themselves and their families. "Further, laws that declare schools and colleges as gun free zones and then put up signs stating this are endangering our children. They have made them easy targets for criminals and the mentally ill to shoot and keep shooting until police finally arrive. They know that on school grounds and college campuses there is no one to stop them. Those who advocated for these laws and got them passed are just as much responsible for the killings that have happened in gun free zones and the perpetrator. "According to the data from the FBI and other police agencies law abiding citizens use a firearm, on average, 2 million times annually to protect themselves and to stop a crime from being committed. When you disarm those obeying the laws then those who choose not to will use guns to prey on neighborhoods and communities. The police cannot be everywhere and cannot prevent all crimes from happening. However, they will make out a report after a crime has been committed and file it away. I'm sorry, but that doesn't make me feel protected or safe. "States, counties, and cities that permit the carrying of concealed weapon resulted in a decrease in violent crimes of murder, rape, assaults, and robbery (More Guns Equals Less Violent Crime, Professor James R. Lott, University of Chicago Law School). Responsible law abiding citizens, who are armed, are the best deterrent to violent crime. "Thank you for letting me speak and for taking the time to read the attached articles." Sue Terwilliger, Town of Ithaca, addressed the comments made concerning the constitutionality of the SAFE Act and said there are limits to all of the rights citizens have based on what could be harmful to other people. The SAFE Act does not say a person cannot own guns, she said it regulates limits on what type of guns and regulates the capacity of clips. She said the provisions of the law are deterrents and will make it harder for criminals and mentally ill individuals to possess guns with large capacity clips. Timothy M. Gonzales, Lansing, spoke in opposition to the SAFE Act. He said the law should have been vetted by the public prior to being enacted. He said this law will only impact law abiding citizens and will stop crimes from being committed. Robert Cook, Newfield, noted that machine guns are already illegal. He said he opposes the SAFE Act because it does nothing to prevent individuals like Adam Lanza from doing the same type of crime. He said the seven round clip limit will not reduce the magnitude of these crimes. He said there was previously an assault weapon ban but it had no effect over a ten year period. He said he supports saving children but does not think this will not achieve anything. Mr. Cook said Adam Lanza would have passed a background check. He said the only thing this legislation accomplishes it is puts a band-aid on a hemorrhaging society. Amy Scott, Freeville resident and founder of the Tompkins County Liberty Coalition, said the Coalition presented the Public Safety Committee with a petition containing 1,000 signatures opposing the SAFE Act. Ms. Scott said the places that have the strictest gun laws have the highest crime rates and stated a gun is an equalizer in keeping people safe. She also said the law is an infringement on every 69 March 19, 2013 person's constitutional rights. Laurie Spada, Brooktondale, spoke in opposition to the SAFE Act. She said before she received her pistol permit she had to undergo a background check and does not think law abiding citizens should lose rights because of criminals. She stated Chicago has the strictest gun laws and the highest crime rates. Dr. Herb Masser, Enfield resident and licensed Social Worker, said he is experienced in knowing knows how the criminal mind thinks and stated Sociopathic Disorder means rules don't matter to them. He said ago laws were passed laws that said you could not possess alcohol and that did not work. Dr. Masser said if laws are passed prohibiting the possession of guns the only people who will continue to possess them will be the criminals Dr. Masser said the places with the strictest laws have the highest crime rates, and noted the Colorado shooting was in a gun free zone. Kevin F. Wyszkowski, Lansing, spoke in opposition to the NY SAFE Act. He said he spoke last week at the Public Safety Committee about what may have been a robbery attempt at his home, and stated the following week almost every property in his neighborhood was robbed. He said he believes homeowners owning guns is a deterrence to violence and because he possessed a gun during the robbery attempt gave him the confidence to go out and look into the situation. Mr. Wyszkowski also opposes the language in the law that prevents the passing down of firearms to children. Bill Lower, Ithaca resident and business owner, said he opposes the SAFE Act and said the legislation takes away rights of law abiding citizens that purchase weapons and magazines legally. He said the legislation takes away from law abiding citizens and provides very few clauses for taking away the rights of criminals. He said the law violates constitutional rights and opposes the way it was passed and encouraged all sides to work together to get a better law passed. Rick Bryant, Newfield, spoke in opposition to the SAFE Act and specifically objects to the way it was adopted. Robert McCarthy, Newfield, thanked the Public Safety Committee and read a statement opposing the NY SAFE Act. He said State leaders chose to act on fear, impulse, and emotion when adopting the legislation and believes it is a criminally negligent use of taxpayer funds. He spoke against voting to re- elect any legislator who does not uphold the Constitutional rights of citizens. Diana Bryant, Newfield, spoke in opposition to the SAFE Act and said the United States Supreme Court has said the role of the police is not to protect residents. She also stated that criminals are not going to limit the number of shots they take to seven because the law says to. She also said the guns became unlawful when they are used in an unlawful manner. She also objected to the manner in which the law was adopted. Adam Scott, Groton, spoke in opposition to the NY SAFE Act and said people who commit crimes need to face tougher penalties. Skip Townsend, Newfield, Townsend, said he was raised around guns and knows they have the potential to do a lot of bad things when in the wrong hands; however, in the right hands they have the potential to do a lot of good. Mr. Townsend said the SAFE Act does not comply with federal laws and read from Marbury vs. Madison and Murdock vs. Pennsylvania. The issue in Newtown, Connecticut was an irresponsible gun owner and a sick individual. Carl Schimmelfing, Lansing resident, spoke in opposition to the NY SAFE Act. He said the process in which this legislation was approved was not diplomatic and has caused the State to be divided on every point contained in the law. He believes schools should return to teaching gun safety. Ken Tillapaugh, Groton, said he is a student who is working on this degree in criminal justice and 70 March 19, 2013 said it is important to look at the criminals and said they can get guns from anywhere. He said he has spoken to corrections officers and has been told that criminals say this has helped them and they will be less afraid to break into homes. He also spoke of the importance of safety training. Bruce D. Murray, Brooktondale, Bruce Murray, Brooktondale resident, spoke in opposition to the SAFE Act. He spoke of the importance of education in using firearms and said the law will only create criminals Christine O'Brien, Town of Danby, said she is not a gun owner and asked that the Legislature request the SAFE Act be repealed. She believes this is a knee-jerk reaction to something horrible that has happened in this country. Recess Ms. Robertson declared recess at 8:25 p.m. The meeting reconvened at 8:35 p.m. Report from a Municipal Official(s) There was no Municipal Official present to speak. Individual Member -Filed Resolutions Resolution 2013-36: Opposing the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 - REFERRED TO COMMITTEE (DOC ID: 4058) MOVED by Mr. McKenna, seconded by Mr. Robison. It was MOVED by Mr. Stein, seconded by Mr. Dennis, to refer the resolution to the Public Safety Committee including any other resolutions brought forward by Legislators. It was MOVED by Mr. Lane, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators Chock, McKenna, Proto, and Robison); Excused - 1 (Legislator Mackesey). THE QUESTION WAS CALLED. A voice vote resulted as follows on the motion to refer to Committee: Ayes - 11; Noes - 3 (Legislators McKenna, Proto, and Robison); Excused - 1 (Legislator Mackesey). MOTION CARRIED. RESULT: REFERRED TO COMMITTEE WHEREAS, the Tompkins County Legislature endorses and upholds the Second Amendment to the Constitution of the United States, and WHEREAS, the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013(A2388/S.2230) was rushed to passage in the State Legislature through a flawed process that excluded legislative deliberation and citizens input, and WHEREAS, provisions in the SAFE Act are already requiring, and will continue to require greater expenditure of County resource, in effect creating unfunded mandates, and WHEREAS, the SAFE Act, as currently enacted, places additional responsibilities upon County Sheriffs, County Clerks, and County Commissioners/Director such as Health and Human Services, Department of Social Services, Mental Health Services, as each will be required to oversee functions such as pistol permit investigations, recertification of permits, wavers of permit disclosure and mental health 71 March 19, 2013 evaluation and reporting to New York State Division of Criminal Justice Services, and WHEREAS, implementation of the SAFE Act will also require investment of State resources that could otherwise be used to promote other criminal justice initiatives that keep our residents safe, and WHEREAS, the SAFE Act will criminalize law-abiding citizens, including police officers, who are the responsible owners of certain firearms and magazines that are included in the law, now therefore be it RESOLVED, That the Tompkins County Legislature opposes the New York Secure Ammunition and Firearms Enforcement Act of 2013 and the flawed process by which it was enacted, including Governor Cuomo's message of necessity, which limited debate and input from our elected representatives and concerned citizens, RESOLVED, further, That the Tompkins County Legislature requests that the SAFE Act be repealed and replaced with more sensible legislation that does not infringe upon Second Amendment rights, does not create unfunded mandates on County Governments, addresses issues, including mental illness and deterring violent crime, and includes full input from the public, RESOLVED, further, That the Clerk of the Tompkins County Legislature forward a certified copy of this Resolution to Governor Andrew M. Cuomo, temporary Presidents of the Senate, Jeffrey D. Klein and Dean G. Skelos, Speaker Sheldon Silver and the County's Representatives in the New York State Senate and Assembly. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to the agenda. Ms. Robertson gave Ms. Pryor permission to withdraw from the agenda the resolution entitled Adoption of Local Law No. a of 2013 - Amending Chapter 32 - Code of Ethics. Resolution(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey Resolution 2013-37: Authorization to Accept an Award of a Grant from the New York State Division of Criminal Justice Services to Help Implement Leandra's Law (DOC ID: 4008) WHEREAS, the Probation and Community Justice Director and the District Attorney have been notified of a grant award in the amount of $21,601 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 72 March 19, 2013 of $21,601 from the New York State Division of Criminal Justice Services to help defray implementing Leandra's Law and the monitoring of Ignition Interlock Devices be accepted 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 to his books for 2013: BUDGET ADJUSTMENT Revenue: A3142.43389 A4250. 43389 Appropriation: A3142.54400 A4250.54400 SEQR ACTION: TYPE II -20 Other Public Safety Aid Other Public Safety Aid Program Expense Program Expense * * * * * * * * * * $10,800 $10,801 $10,800 $10,801 the costs of and that the adjustments Resolution 2013-38: Authorization to Accept HMIS (Homelessness Management Information System) Grant (DOC ID: 4051) WHEREAS, the New York State Office of Temporary and Disability Assistance has launched a Federally -funded initiative to standardize and improve delivery of and reporting on homelessness case management services, and WHEREAS, that initiative takes the form in part of grants to local social services districts to fund acquisition of computing systems toward those ends, and WHEREAS, the Department of Social Services' has been awarded $8,600 in 100% funding to be used to acquire and implement one such program, 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 acquire licenses for the ClientTrack software program offered by Data Systems International, and be it RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services' 2013 budget: Appropriation: 6010.52230 Computer software $8,600 Revenue: 6010.43610 NYS: SocSvs Admin $8,600 Explanation: The Department of Social Services seeks authority to accept $8,600 in HUD funding for Homelessness Management Information System software licenses for use by itself and its partner agencies, to support coordination of case management efforts, standardize data tracking, and facilitate satisfaction of reporting requirements easier. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-39: Approval of Budget Transfer for New York Connects -Office for the Aging (DOC ID: 4014) WHEREAS, the transfer of these funds will align the County budget and New York Connects grant, 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 73 March 19, 2013 From Account Title Amt Approp Acct Title 6791-54400 Program Expense $2,392 6791-51000559 Salary $1,179 6791-58800 Fringes 383 6791-54424 Rental Equipment 830 Explanation: The transfers to salary and fringe allow COFA to claim state aid for an additional portion of one Aging Services Specialist's salary and fringe benefit expenses from the New York Connects grant. The transfer from Program Expense to rental equipment allows our office to cover rental expenses the printer/copy machine for approximately nine (9) months. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey Mr. McKenna disclosed that Kevin McKenna is his son. Community Mental Health Services Board Kevin McKenna - term expires December 31, 2013 Substance Abuse Subcommittee Kevin McKenna - Community Mental Health Services Board representative; term expires December 31, 2014 Youth Services Board Patty VandeBogart - At -large representative; term expires December 31, 2015 STOP -DWI Advisory Board Brian Robison - Legislator, term expires December 31, 2015 Traffic Safety Committee Pamela Mackesey - Public Safety Committee member, term expires December 31, 2014 Leslyn McBean-Clairborne - Public Safety Committee member, term expires December 31, 2015 Homeownership Oversight Committee Pam Mackesey - Chair's designee - No set term Planning Advisory Board Carol Chock - Legislature Planning Committee Chair; term expires December 31, 2015 Will Burbank - Alternate Water Resources Council Dooley Kiefer - Legislature; term expires December 31, 2013 Environmental Management Council - term expires December 31, 2014 74 March 19, 2013 Kenny Christianson - At -large representative ********** Planning, Energy, and Environmental Quality Committee Resolution 2013-40: Authorization to Continue the Homeownership Program through Use of Program Income Funds and to Contract with Better Housing for Tompkins County (DOC ID: 4028) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, the County received Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) in 1993, 1994, 1996, 1997, 1998, and 1999, and administered by New York State in 2000, 2002, 2005, and 2007 for the purpose of continuing its successful existing home mortgage program for first-time homeowners, and WHEREAS, the County operates a homeownership program that serves low -to -moderate first- time homebuyers, and WHEREAS, the County operates through the provision of financing on which payment is deferred for five years, and WHEREAS, the County repayment on these monies began in September 1995 and, under the rules of HUD Small Cities Program, these program income funds must be re -spent for like purposes as the original grants, and WHEREAS, 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 eleven families in Tompkins County to become first-time homeowners, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the County hereby authorizes the granting of Small Cities CDBG Program Income funds to Better Housing of Tompkins County in the amount of $400,000 to continue the homeownership program, 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: 75 March 19, 2013 Revenue CD8695.42411 Appropriation CD8695.54400 SEQR ACTION: TYPE II -20 Program Income $400,000 Program Expense $400,000 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-41: Request for Authorization to Extend the Additional One Percent Sales Tax Rate in Tompkins County (DOC ID: 4052) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey 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, WHEREAS, this Legislature adopted a Resolution requesting an extension of this authority by Resolution No. 223 of 2012, and WHEREAS, the County has received notification that such a resolution must be adopted within the 2013 calendar year, 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 Economic Development Committee * * * * * * * * * * 76 March 19, 2013 Resolution 2013-42: Approving the Issuance by the Tompkins County Development Corporation of Up to $25,000,000 Aggregate Principal Amount Tax -Exempt Revenue Bonds (Cayuga Medical Center at Ithaca, Inc., Project), Series 2013, in Accordance with Section 147(F) of the Internal Revenue Code of 1986, as Amended (The "Code") (DOC ID: 4035) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Will Burbank, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York (the "County"), has been advised by the Tompkins County Development Corporation (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Cayuga Medical Center at Ithaca, Inc., a not-for-profit corporation (the "Company") and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax -Exempt Revenue Bonds (Cayuga Medical Center at Ithaca, Inc., Project), Series 2013, in an aggregate principal amount not to exceed $25,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist principally of: (A) the construction, reconstruction, and installation of improvements to the Hospital's existing approximately 309,000 square - foot main hospital facility located at 101 Dates Drive, Ithaca, New York (the "Existing Facility"), such improvements consisting of: (i) an approximately 14,300 square -foot addition to accommodate an expansion of the Hospital's Surgical Center, and the reconstruction, renovation, and redesign of an approximately 15,100 square -foot area within the existing Surgical Center, (ii) the construction of an approximately 21,918 square -foot addition to accommodate an expansion of the Hospital's Pathology and Laboratory Depaitnient, and the reconstruction, renovation, and redesign of an approximately 1,558 square -foot area within the existing Pathology and Laboratory Department, (iii) the construction of an approximately 500 square -foot addition to accommodate an expansion of the Hospital's Obstetrics and Gynecology Department, and the reconstruction, renovation, and redesign of an approximately 19,160 square -foot area within the space formerly occupied by the Pathology and Laboratory Department to accommodate the Obstetrics and Gynecology Department, (iv) the reconstruction, renovation, and redesign of certain other existing areas and departments including, but not limited to, Endoscopy, Oncology, Pediatrics, Central Sterile Supply, Wound, Information Systems, Pain Management, Sleep Center, and Infusion (collectively, the "Improvements"); (B) the acquisition and installation in and around the Existing Facility, the Improvements and the Hospital's urgent care center located at 10 Arrowwood Drive, Ithaca, New York, of certain medical equipment and other items of machinery, equipment, and tangible personal property (the "Equipment", and collectively with Improvements, the "Facility"); and (C) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (C) 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 77 March 19, 2013 of the facilities financed therewith has been conducted following reasonable public notice, and WHEREAS, on March 18, 2013, the Issuer held such a public hearing upon proper notice in compliance with Section 147(f) 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 March 18, 2013, 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. RESOLVED, on recommendation of the Economic Development Committee, That the Legislature hereby gives its approval 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(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 Capital Plan Review Committee Recess * * * * * * * * * * Mr. Stein was excused at 10:31 p.m. Ms. Robertson declared recess at 10:40 p.m. The meeting reconvened at 10:45 p.m. Executive Session MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter. An executive session was held at 10:45 p.m. and returned to open session at 10:46 p.m. Resolution(s) Added to the Agenda MOVED by Mr. Proto, seconded by Ms. Pryor, and unanimously adopted by members present, to add to the agenda the resolution entitled Resolution of Appreciation - Joanne V. Florino. 78 March 19, 2013 Resolution 2013-43: Resolution of Appreciation - Joanne V. Florino (DOC ID: 4064) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Pamela Mackesey, Peter Stein WHEREAS, the Triad Foundation's Executive Director, Joanne V. Florino, has been named the Senior Vice President for Public Policy of The Philanthropy Roundtable in Washington, D.C., and will remain at the Triad Foundation through March 28 and will begin her new position on April 1, 2013, and WHEREAS, prior to her work at Triad, Ms. Florino served as Executive Director of the Park Foundation from 1996 to 2003, and previously was a Program Associate at Atlantic Philanthropies for 11 years, and WHEREAS, Ms. Florino has been instrumental in supporting, advising, leading and quietly helping dozens of non-profit organizations in Tompkins County and beyond, as well as thousands of area residents, ranging from community leaders to the least fortunate among us, and WHEREAS, Ms. Florino has consistently been engaged in board, committee, and philanthropic leadership activities at Cornell University, Ithaca College, and Tompkins Cortland Community College (TC3), including service as a TC3 Trustee, and WHEREAS, Ms. Florino has quietly been a top leader in developing a culture of inclusion and opportunities for all in Tompkins County, New York, while strengthening the non-profit safety net that is essential to making Tompkins County one of the greatest counties in these United States, and WHEREAS, Ms. Florino is a frequent speaker on foundation issues, including testifying before the House Education and Labor Committee on the role of foundation grantmaking for the arts and culture, and has held leadership positions at Council on Foundations, the Alliance for Charitable Reform, and the Grantmakers Forum of New York, now therefore be it RESOLVED, That the Tompkins County Legislature extends its admiration, respect and profound gratitude for Joanne Florino, and her extraordinary heart and achievements during years of selfless, important service to the Tompkins County community, at every level, for the common good. SEQR ACTION: TYPE II -20 * * * * * * * * * * Adjournment The meeting adjourned at 10:46 p.m. 79 April 2, 2013 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 Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Title Status Arrived Departed Will Burbank Member Present _ Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 5:40 PM David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present 10:01 PM Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present 5:34 PM 10:07 PM Announcement of Executive Session Ms. Robertson announced there would be an executive session held later in the meeting to discuss a personnel matter and potential litigation. Privilege of the Floor by the Public Ms. Robertson said the Legislature understands that the SAFE Act is an important issue and said a lot of time has been put into this by many people. The Legislature has spent five hours listening to the public and two Public Safety Committee meetings were devoted to the topic of the SAFE Act. She stated there are other important issues the Legislature must address and asked that the public help in refraining from repeating earlier comments so the Legislature can begin its discussion and deliberation process. Mr. Stein arrived at 5:34 p.m. Donna Fleming, Common Council member, spoke in support of the NY SAFE Act (2013) and said the City of Ithaca Common Council voted unanimously to support the intention of the SAFE Act. Although there was some reservation concerning the way it was adopted and a few of the details within it, Common Council expressed its support of safety and rational attitudes against the danger and proliferation of guns in the United States. She spoke of the comments she made to Common Council and said the National Rifle Association is a well -funded not-for-profit organization that is funded largely by gun manufacturers who have an interest in promoting the sale of guns. Ms. Fleming said if the SAFE Act is repealed there may not be another chance to do the right thing. 80 April 2, 2013 Mrs. McBean-Clairborne arrived at 5:40 p.m. Ann Sullivan, City of Ithaca, spoke in support of the NY SAFE Act (2013). She said it received widespread bipartisan support in the New York State Senate and Assembly and is saving lives already. She spoke of the tragic events in Binghamton, Watkins Glen, Webster, and Herkimer, and asked that on the eve of the Binghamton massacre the Legislature take a stand for sensible and Constitutional gun restraint. Wendy Wallitt, Town of Ithaca, spoke in support of the NY SAFE Act (2013). She said it isn't perfect but will save lives. She would have liked to see it go further but believes it is a good start. Roberta Wallitt, Tompkins County resident, spoke in support of the NY SAFE Act (2013). She said a lot of the people who are rallying against it seem to be operating from a place of misinformation on a lot of issues and urged the Legislature not to let the arguments based on misinformation sway opinions. Tracy Marisa, Newfield, spoke in opposition to the SAFE Act, and submitted the following statement: "Several speakers at the meetings regarding the SAFE Act have referred to it as "a good first step." Some of you legislators have said something similar. "The SAFE Act and related measures such as the one proposed by Senator Schumer at the Federal level, is "a good first step" all right. It's a good step toward disarming the general population. I'm sure some of you would cheer if the general population WERE actually disarmed. Part of the population that would be disarmed, however, are women. "About three weeks ago, a woman, a Liverpool Schools librarian, went to the Great Northern Mall in Clay one evening to pick up her 10 -year old daughter from a gymnastics class. On the way out to their car in the parking lot, they were attacked. The man killed the woman in front of her 10 -year old, then proceeded to rape the 10 -year old. "The SAFE Act didn't protect them. The man didn't use a gun -he stabbed the woman, multiple times. And maybe if that woman had been carrying, SHE would have been there telling her own story instead of my having to tell it for her because she's been permanently silenced. "Women shouldn't be told by condescending legislators who have forgotten that they work for the people not the other way around, that they should use a rape whistle or should urinate on themselves to discourage an attacker. Women shouldn't be told by legislators who haven't the faintest idea what they're talking about that if they WERE carrying, they would be overwhelmed by an attacker anyway and their firearm taken from them. That kind of thinking constitutes the REAL War on Women. "I absolutely believe in a woman's right to choose -the right to choose which model of Ruger to carry to defend herself and her family. "There are many good reasons why the SAFE Act should be repealed and the erosion of constitutionally -protected rights is chief among them. I urge you to support Legislator McKenna's resolution to repeal -NOT amend, NOT revisit -but REPEAL the SAFE Act." Kate Bronfenbrenna, Ithaca, spoke in support of the NY SAFE Act (2013). She said in 1977 she was the victim of a violent crime and strangulation. She is permanently disabled but alive because the man who tried to kill her did not have a gun. She said she is very glad that the City of Seattle where she lived had a gun law at the time and the mentally unstable man who committed the crime did not have access to one. She said she is also the mother of a mentally ill young woman who would have done anything that voices were telling her to do and is thankful her daughter did not have access to guns. She 81 April 2, 2013 said she wants a law so that there would be tough restrictions on gun ownership. She said the NY SAFE Act is a good first step towards that. Svante Myrick, City of Ithaca Mayor, spoke in support of the NY SAFE Act (2013) and said last month the City passed a resolution 10-0 in favor of the SAFE Act. The Legislature is hearing a lot about this and read some of his reasons for supporting the SAFE Act, including the Newtown murder of 22 children and their teachers who died trying to protect them. Mayor Myrick said since that moment four months ago, 30 people die from gunfire in this country every day, largely in cities. The City recognizes that they have a responsibility to uphold Second Amendment rights. He said there are a lot of strong arguments but when you look at the provisions of this law he said it is a law that passed with the intention of keeping people safe while still respecting the rights of people to own guns. Jim Rundle, Danby, spoke in support of the NY SAFE Act (2013). He submitted the following statement: "My name is Jim Rundle, I live in Danby. "I want to tell you what I've learned about the NRA's suppression of research and data collection on gun violence. I'm not talking about merely their accusations against researchers whom they claim are biased, I'm talking about actually shutting down research on gun violence... for 16 years. "I want to tell you this for two reasons. First, it shows what can happen when you let the NRA bully you. Second, it shows that one of your resolutions, the one that seems to be attempting a middle path, plays right into the hands of the NRA. "In 1996 the NRA succeeded in getting Congress to cut $2.6 million dollars from the CDC budget, the amount that it had allocated to gun violence research the previous year, and wrote into the law funding the CDC that none of the funds could be used to advocate or promote gun control. Well, what if the results of a study did get used that way? What would happen? No one wanted to find out, and research came to a halt. The same thing happened at the National Institutes for Health, the NIH. The result is that annual funds for research on gun violence dropped to $100,000 per year, in other words, more than 95% of government funding disappeared. "Any public policy issue is informed by studies that come under attack as being biased or incompetent, etc., but what normally happens is that the research continues and eventually things get settled. Smoking really does cause cancer, lead in house paint does cause brain damage in children, seat belts do save lives. But gun violence is different. Because of the power of the NRA, there has been very little research at all for 16 years. It is a disaster. We could have been learning during this time basic facts that could be extremely helpful in formulating policy. We lost that opportunity, and people die as a result. "The resolution developed last week in the Safety Committee meeting fails to endorse the SAFE Act and calls for the Governor and Legislature to analyze criticisms of the law using "evidence based criteria" that would then lead to recommendation to modify or eliminate all provisions that are unlikely to decrease the number of victims of gun violence but will likely significantly burden law-abiding gun owners. Given the lack of research, what "evidence based criteria" would lead to conclusions about gun control that could withstand the attacks of the gun lobby? "The law is a good law. Nothing convinces me of that more than the NYS Sheriffs Association's response to it. They criticize aspects of it, but the substantial points they make are these: First, first responders need the protection of the new law; second, the law gives "needed authority to courts or others who issue firearms permits to deny permit applications or to revoke permits already issued; third, the law requires owners to safeguard their weapons against access by prohibited persons and "adds these protections to ensure that weapons are safely and securely stored; and fourth, it "creates new gun crimes 82 April 2, 2013 which did not previously exist," and "will provide added tools for law enforcement to prosecute such crimes." "Please resolve to support the SAFE Act and do not urge criteria that will weaken it by opening it up to new attacks." Fred Wilcox, spoke in support of the NY SAFE Act (2013). He thanked the Legislature for allowing him the opportunity to speak. He stated he was raised in a family that used guns and was knowledgeable about their use. He said he previously has carried a gun and said when he was carrying a gun he was paranoid. He decided he no longer wanted to do so and believes that if someone carries a gun they have to be prepared to use one. He said there is no way to know this or any law will not work unless it is tried and enforced. Mr. Wilcox stated that if one life is saved it will be worth it." Diana Bryant, Newfield, spoke in opposition to the NY SAFE Act (2013). She submitted the following statement: "First of all I want to thank each of you that have taken the time to read all of the materials regarding this topic of the SAFE Act. I also thank you for the time spent listening to the comments that have been made. "In the last few weeks many people have come before you regarding repealing NY SAFE Act. Most want the law repealed; some oppose the way it was enacted; some don't like the content. There appear to be fewer that do not want it repealed. "I have been at all county meetings that have taken place; I have listened intently to what people have had to say from both sides. I understand you feel you have heard it all and the arguments tonight will shed no light or change any minds. "I believe it comes back to one question. Do you like the way the bill was passed? The majority of the Safety Committee appeared to not like it. Although when one member spoke, they said they didn't like it, but that's what they do in Albany to pass a law, with this attitude, we can expect more of the same. It is time to step up and have a spine, take a stand against the way they do things in Albany. "I implore you to ask the NYS Government to repeal the law. "I believe we all came forward knowing that even if everyone in the county came forward asking for repeal, the NYS Government would not repeal, but I firmly believe we send a statement when we ask for what we want, the repeal of a law that has been pushed through with no thought or consideration and DOES NOT make one person in NYS any safer. "When you pick up the resolutions before you, I ask that you pick up the one that was put forth from the Safety Committee and I ask that you cross out the word Re -Examine and replace it with Repeal. The only acceptable method to get Albany to take note that we are watching and holding them accountable is to stand with others in upstate New York and ask for repeal. "THIS IS NOT a left or right issue; it's not even a pro or anti -gun issue. At this meeting tonight you decide if you will stand with all of upstate NY and say we have had enough, and you will say repeal the law. Or you will support the law and how it was shoved through with no 3 day wait or input from all parties concerned. If you do not ask for repeal and instead give them suggestions on changes that need to happen, you are part of the problem. We will remember this and I ask that you remember that as you vote on the resolutions. "Thank you!" 83 April 2, 2013 Rick Bryant, Newfield, spoke in opposition to the NY SAFE Act (2013). He said it is not a good law. Anita Bellucci, Town of Ithaca, spoke in support to the NY SAFE Act (2013). She hopes the Legislature does not ask that the law be repealed and said she does not believe it violates the Second Amendment. She said this is a reasonable response by government to out of control gun use in the country and it would be a crime to not do anything. Jeff Weiss, Ithaca, spoke in support of the NY SAFE Act (2013). He spoke in favor of the following points: 1) there was no support for repeal of the law; 2) he is pleased the resolution notes the bipartisan support of the state legislation and the recognition by the Supreme Court of the sale and use of firearms; and 3) it is fair to ask the State Legislature to address the costs associated with the SAFE Act. He also believes in the following: 1) there should be direct statement of support of the SAFE Act; 2) positive aspects of the Act seem to be neglected as there is emphasis on the changes that should and are already being made; this Act should not be singled out as a reference to problems with processes in Albany. Todd Sadler, spoke in support of the NY SAFE Act (2013). He submitted the following statement: "Hi. My name is Todd Saddler, I live here in Ithaca. "I have a friend who was killed with a gun, and if she were robbed with a knife she would be alive today, and she would be here with me asking the County Legislature to pass a resolution supporting the SAFE Act. "I also ask you to pass a resolution, addressed to congress, supporting gun control on a national level, because we have open borders between our states, and gun control will only be fully effective when we have the same rules everywhere. "I support the right of a person to own a gun for hunting, sport, or self-defense, but we need to have a universal background check, and registration of all guns in this country, with no loopholes, and we need to get rid of these high capacity magazines. "People who commit violent crimes, or can't keep themselves from threatening others with murder shouldn't have guns. "I grew up hunting, and anyone who needs 20, 30 or 100 rounds to shoot a deer is not a hunter. They don't need an assault rifle, they need to learn how to track and shoot. "If anyone is here to oppose gun control, because they think that owning a gun will keep our government from committing crimes or violating the constitution, I say, let's talk about that. "I want to stop government crimes too! But I am quite sure that guns are absolutely useless and counterproductive for that purpose. If you shoot anyone, the government will outshoot you, and your own neighbors will turn you in. "I also invite you to ask yourself: • What did you do when they passed the patriot act and the defense authorization act? • Where were you when the government told us they were going to start torturing people, assassinating people, and spying on us without a warrant? • What did you do about the prosecution of whistleblowers who exposed government waste fraud and abuse? 84 April 2, 2013 • Where were you when they started an illegal, immoral, disastrous war in Iraq that destroyed a million lives? "If you, like me, want to stop the government from violating peoples rights, let's put away the guns and start planning a practical, effective, nonviolent resistance. "To those who support better gun control but don't like some aspect of the SAFE Act, I say let's not repeal it, let's fix it. It took one more in a series of massacres of the innocents to get anything passed. Let's not wait until there is another one, as there surely would be, before we take meaningful action. "Peace be with you. "Thanks for all your work on this it shows you are listening to us. By now you've heard all the arguments for and against gun control, and it comes down to what will you do? "You have several proposals before you, and a lot of people here to give you free advice. Remember those here are not a representative sample of the whole county, so I hope you aren't going to vote based on how many for this or that showed up here. You have to act on the interest of all county residents. "Me, I am here to urge you to vote for one of the resolutions which are clearly in support of the Safe Act. "Whatever you do, don't vote for the resolution to repeal. "Remember the mass murder in Binghamton. "Remember that a few days ago a prosecutor and his wife were shot in their homes, probably with assault rifles. I bet they were gun owners and NRA members. Did that save them? "The gun lobby keeps lying to us and saying we'll all be safer if more people own guns. "But in the endless stream of gun murder stories, I am still waiting to hear one story where a gun toting NRA member intervened and stopped a mass murder, or rape, or any kind of crime. The reality is, that almost never really happens, while accidental injuries and deaths from guns are common place. "Vote for a resolution in support of the SAFE Act and in support of federal gun control legislation that can be shared with other municipalities before the next mass murder." Laurie Konwinski, City of Ithaca, spoke in support of the NY SAFE Act (2013). She said tomorrow is the fourth anniversary of the mass murder that took place in Binghamton. She said this is a crisis in America and something needed to happen. She said Legislation always gets delayed and memories fade, resulting in the legislation never being adopted. She urged the Legislature to pass a resolution in support of the SAFE Act (2013). Henry Kramer, Town of Dryden, spoke in opposition to the NY SAFE Act (2013). He submitted the following statement: "This statement is submitted to the Tompkins County Legislature, and supplements my March 27 statement, in regard to the very much misnamed "SAFE Act". It is offered in support of the resolution introduced by Legislator McKenna, Resolution 2013-36, and in opposition to the various alternative resolutions being considered. "The Legislature should apply the "smell test" to the "SAFE Act". Under that test, an Act is reversed 180 degrees and examined to see in this instance how supporters of the "SAFE Act" would 85 April 2, 2013 respond if some other state legislature acted in the opposite direction. "So, let's suppose the legislature of a gun favoring state passed an Act that would require every non -felon mentally sound citizen to own a semi-automatic gun and to keep a stock of ammunition on hand. Those who disagreed with the law and wanted not to own a gun could do so, provided every five years they passed a background check to show they had the necessary training to defend themselves and were mentally sound. No person could keep an ammunition clip with less than ten rounds in it. Those not wishing to have a gun would have to file for a permit at the Sheriff's office, wait for clearance, take out liability insurance in case they got shot or mugged, and satisfy the government that they were not fit to not own a gun. Outrageous, right? "Wrong. The Second Amendment protects the right to keep and own guns from infringement. Nothing in the Second Amendment would prohibit a state from requiring gun ownership. Indeed, a state could declare virtually every able minded citizen to be a member of the state militia. Hopefully, the courts would react to such a law as vigorously as they will in striking down the "SAFE Act." "If you are a supporter of the "SAFE Act", but find the "smell test" reverse legislation produced a feeling of violation, of impingement of your rights, of outrage, then you can now appreciate the feelings of those who feel strongly about their Second Amendment constitutional rights and the invasion of law abiding citizens' rights. Think it can't happen? One Georgia town has adopted a gun ownership requirement. Remember any majority you may have now may be temporary and a reverse majority may prevail elsewhere or at a later date. "The "smell test" shows the dangers in a majority ramming their views down the throats of a substantial number of fellow citizens who disagree. Here, New York State has infringed constitutional rights, not merely legal ones. The Act, passed overnight without being read and without public input, serves primarily to punish and burden the law abiding. No one can rationally expect those ready to commit crimes to pay attention to the Act. "This very flawed law should not be tinkered with as Mike Lane proposes, it should be repealed. Proper process should be followed and any law that is passed should be well thought out and effective against criminals, not the law abiding. Flawed laws do not deserve congratulations, they deserve repeal." Matt Marsh, Berkshire, spoke in opposition to the NY SAFE Act (2013). He read the following statement and displayed pictures showing changes that have been adopted that qualifies a gun to be an assault weapons. "For what it is worth, I work here in Ithaca and am moving into this county shortly and will be voting here in November. There sure are a lot of people around here that know nothing about guns but think they have the right to tell me how many bullets I can have in my pistol that I use for protection. I don't infringe on their lifestyle around here, and they shouldn't be infringing on mine. Ever had someone jump in your car in the dark and tell you to drive? I have. Ever had a gang of punks victimize you in the green street parking garage at night? I have. Ever had your house robbed? I have. Those things can happen to any of us at any time. I am willing to bet the supporters of this act are unaware of the hidden laws that do nothing than affect all the good guys. Can any of the SAFE Act supporters tell me what a thumb hole stock is used for? Can any of you tell me what a barrel shroud is? How about a pistol grip or adjustable stock? "Thumb hold stock - makes a stock more comfortable to hold so your hand can be in its natural position. barrel. "Barrel Shroud - been on guns for hundreds of years. Protection from burning your hand on a 86 April 2, 2013 "Pistol Grip - changes the grip so when firing, the recoil goes into the palm of the hand. Some people prefer this for comfort. "Adjustable stock - makes it easier to adjust the focal point of a scope for shooters, called "eye relief." A large framed shooter wants to move it so its long, a small framed person like my girlfriend would want to move it in so it is short. "How do those make a gun more dangerous? They don't. Those things now make guns many of us had for many years assault weapons but yet none of those features make a gun more `dangerous'. An example of law makers forcing laws with no input and they have no idea what they are. Tell me why the little 10/22 that I want, that has a pistol grip on it, is now no longer sold because it is an `assault weapon'? An actual assault weapon has a selective fire switch that turns it into a machine gun like you see on TV. Nobody has those, they have been banned forever. Citizens here have civilian versions which just have the things I just spoke about added for looks and comfort. One bullet per trigger pull and no selective fire switch. Just like any gun on the market. Same with high capacity magazines, been banned in NY for a long time. Now a 10 round magazine is called a high capacity and I have to remove 3 bullets in the gun I use to protect myself. How do I know the guy trying to kill me removed three? He didn't! Making me remove 3 bullets from my magazine in the pistol I carry makes me less safe. A gun I would use to save my life or perhaps save any of you from a perpetrator. "Guns may not be important to you, but they are important to a lot of us. If this government had passed fracking in 10 minutes in the dark of night, banned gay marriage, or banned Prius's because of their spoilers make them look fast... this place would have the entire city in here screaming for the government to mind their own business and stop forcing nonsense laws with no public input... but since it is about guns, well some of you are overnight gun experts and think its just fine for Albany to do just that to us law abiding gun owners. Just 2 days ago someone in Ithaca was stabbed in the face and body with a fork, and forks make people fat, so maybe that's now an assault weapon and should be banned. The public has spoken and so has almost all the upstate counties when they voted for resolutions to repeal. Please represent us and vote on the resolution to repeal this abuse of power. Thank you." Martin Kelly, Town of Ithaca, spoke in opposition to the NY SAFE Act (2013), and submitted the following statement: "Dr. Sue Smelcer, the Tompkins County Office of Mental Health Commissioner, reporting to Tompkins County Health and Human Services Committee Regular Meeting on February 12: "expressed concern with the recently passed New York State Safe Act as it relates to mental health patients." and "sees the law is another unfunded mandate that would require a great deal of manpower to administer in any credible manner." "NY State continues to cut mental health funding. So I ask as our elected officials - do you plan to budget for this "great deal of manpower"? "I believe that the SAFE Act is seriously flawed, and urge you to pass Resolution 2013-36: Opposing the New York Secure Ammunition and Firearms Enforcement Act of 2013 - which was submitted by Legislator McKenna. "If a majority vote doesn't pass that, I strongly urge you to pass resolution #4065: Urging the New York State Legislature and Governor Cuomo to Re -Examine the NY SAFE Act Using a Careful and Deliberate Public Process - which was submitted by Legislator Lane and Amended by the Public Safety Committee on March 27. "We look forward to your support. On election day we will support those of you that have supported us. 87 April 2, 2013 "Thank you." Tim Foote, Groton, spoke in opposition to the NY SAFE Act (2013). He spoke in opposition to the way the law was adopted and spoke of the Bill of Rights. He said regardless of party or political affiliation the Bill of Rights should be respected. Ralph Cronenberg, Trumansburg, spoke in opposition to the NY SAFE Act (2013) and submitted the following statement: "The SAFE Act does not prevent future crimes, gun control does not work. 1) Our history is replete with Rifle teams, Boy Scout Rifle Merit Badges, you could buy firearms at the hardware stores, and mail orders them from catalogs. Our County was a washed in readily available Firearms and Ammunition. 2) And yet in our past we did not have Mass school shootings. 3) What Changed? Not the availability or increase of weapons no but a decrease in weapons what has happen is an increase of societal Decay. 4) If gun control actually worked, Chicago, Washington DC would be our safest cities but they are not. They have the toughest laws and the highest crime and murder rates. 5) In Connecticut this last December 2012 we had a mass shooting with hand guns. No I repeat no assault rifles were used and many children had died. Let me now tell you of an incident that happened in an Article "Guns, Kids and Critics" Now a man came to kill the teacher. And he came with a gun, and all the kids liked the teacher, to they Came out and ranged around him with their guns. That stopped it. But kids twelve and thirteen used to carry guns to school regularly." 6) In the Forties right here in America, in Tennessee. It's called the "Battle of Athens" August 2, 1946. And to my surprise I heard from a student that this was taught here in school. "Bravo to her History Teachers". The Town Leaders became Tyrannical as so far as fixing election and being run by a corrupt Family. This was reported to Government Officials and nothing was done until the returning WWII vets came home and stood up to the Tyranny. So to you who make fun of us Gun rights People about a tyrannical Government that would say it would never happen here it already has. 7) Who needs an AR -15? Had the Koreans in the LA Riots not had AR -15s and AK47s with 30 round clips and Ruger 30's there businesses would have been burned to the ground like all of the other businesses in the neighborhood. There's stood because they stood their ground. 8) In Lewis vs. the State in 1980 It is stated that the second Amendment Guarantees no right to keep and Bear a firearm that does not have some reasonable relationship to the preservation and efficiency of a well -regulated Militia. It has nothing to do with Hunting! Supplying arms obtained by themselves and of a kind in common use at the time. The AR -15 is the most common gun at use at this time. 9) Judge Andrew Kieslowski in Slovenia Slovakia 2003 "My excellent Collages have forgotten these bitter lessons of History. The prospect of tyranny may not grab the headlines the way that vivid stories of gun crime usually does but few saw the third Reich coming until it was to late. The Second Amendment is a Doomsday Provision. One designed for a one time exceptionally rare circumstances when all other rights have failed. A free people can only afford to make this mistake once. Henson, Ong, Wall Builder's". 88 April 2, 2013 Betsy Darlington, City of Ithaca, spoke in support of the NY SAFE Act (2013) and said it may give other places the courage to adopt similar laws as well. She said sensible rules on gun ownership will reduce the number of gun related deaths. Carol Ornstein, City of Ithaca, spoke in support of the NY SAFE Act (2013) and said both sides see imperfections in the Act. She said it is a small step but hopes the law can be given a try in the hope it will save a child's life. Bill Goodman, Deputy Town of Ithaca Supervisor, spoke in support of the NY SAFE Act (2013). He said there are many individuals throughout the County who also support this legislation. Ian Bishop, Freeville, spoke in opposition to the NY SAFE Act (2013) and submitted the following statement: "I am here to speak to you about my opposition to the New York S.A.F.E. Act. First, I would like you to know that myself and a group of concerned citizens collected over 1600 signatures opposing the SAFE Act in one week's time. We did this on our own, without the backing of any political action committee or lobbying group. This Legislature was given copies at the last full meeting as was the Public Safety Committee. "There is no hard evidence that laws such as these prevent crime or make it more difficult for criminals to break the law. In fact, the exact opposite is true. According to the FBI Uniform Crime Reports, firearm homicides in our state showed a decrease of 14% from 2010 to 2011. According to the same report, as restrictions on firearms are relaxed across our nation, violent crime has been on the decrease. The mantra "more guns equals more crime" does not ring true. "One part of this law is the reclassification of so-called "assault weapons". Cosmetic features specific to the NY SAFE Act do not make one firearm more dangerous than the next. Of the 12,996 murders in the United States in 2010, 8,775 of them were committed with a firearm. Of those only 358 were committed with a rifle of any type. That amounts to about 4% of all the firearm related murders in the country that year. (FBI Uniform Crime Reports) (<http://www.fhi.gov/about-us/cjis/ucr/crime-in-the- u.s/2010/crime-in-the-u.s.-2010/tables/lOshrtb108.xls>). The number is even less in our State. The fact is that the crisis in our state that Governor Cuomo invented so he could pass this law un -constitutionally, simply doesn't exist. "Another facet of this law is "universal background checks". You have probably heard the often stated statistic that 40% of firearm sales happen without a background check. This is a false statement. This is a reference to a survey that was conducted in 1993 and 1994. It found that only 4% of firearms came from a gun show or other "un -regulated" source, and 17% came from a family member. Numbers that do not support the 40% myth then, or today. "Not only do the numbers, not back up the reasons the law was written and passed, our own Sheriff's Association made the following statement on their website: "It is the view of the Sheriff's Association that anytime government decides it is necessary or desirable to nibble around the edges of a Constitutional right that it should only be done with caution and with great respect for the Constitutional boundaries. And it should only be done if the benefit to be gained is so great and certain that it far outweighs the damage done by the constriction of individual liberty. While many of the provisions of this bill have surface appeal, it is far from certain that all or even many, of them will have any significant effect in reducing gun violence, which is the presumed goal..." (<http://www.nysheriffs.org/>). "With all that I have laid forth until now, the main reason you should pass this resolution in opposition of the NY SAFE Act is simply because it violates the US Constitution's 2nd Amendment, the 89 April 2, 2013 New York State Constitution's Article 12 and the New York Civil Rights Act, Article 4, Section 2. This law is a direct attack on the Liberty of every citizen in New York. NY SAFE is another attempt to chip away at the Civil Liberties we enjoy as human beings. The provisions in the law are a burden to the law abiding tax payers of this county and the State as a whole. I urge you, to vote in favor of any resolution opposing the NY S.A.F.E. Act. It stands in direct opposition to our rights that are endowed by our Creator. These rights cannot be legislated away. "I would like to close with a quote I heard in 2007... "I believe it is absolutely our job to listen to our constituents, as long as it takes for you to speak to us." This quote is attributed to Martha Robertson and she chairs this same legislative body. We are speaking to you madam Chair. Please listen to us. "Thank you." Pat Leary, Town of Ithaca, spoke in support of the NY SAFE Act (2013). She spoke of the petition that was referred to earlier in opposition to the SAFE Act (2013) and said it contains many names as anonymous. She said President Obama recently stood with the families of Newtown, Connecticut, and said "shame on us if we cannot enact gun legislation". She stated the resolutions on the agenda are not symbolic and will influence what the State Legislature does going forward. Pam Gueldner, spoke in support of the NY SAFE Act (2013). She said similar laws are needed and other states are considering similar laws. If the law saves one life it will be worth it. The law doesn't prevent anyone from purchasing a gun if they are willing to go through a background check. She also stated there continues to be improvements made to the Act. The facts show that the states with the strongest gun laws have the lowest gun deaths. Kirk Godfried, Ithaca, spoke in support of the NY SAFE Act (2013). He spoke of personal experiences and stated we must sustain confidence in our democratic political process. Howard Aldendorff, City of Ithaca, spoke in opposition to the NY SAFE Act (2013) and submitted the following statement: "I would like to make five comments. But first, I'd like to state on the record that I was shocked to hear Peter Stein's sane comments on evidence -based decision-making denigrated as being too scientific - which is exactly what we hope for in discussing how to reduce violence. That remark - him being a scientist - was an inappropriate, covert slam. Especially given that he was modeling representative government as designed by the Founders, which places a break of reasonable pause between unreflective emotion and action. That's what you are elected for: to represent and work for us thoughtfully; not to act on your emotions. "Now my four comments. 1. " The first concerns guns, freedom and the issue of responsibility - it is said that we have way more guns among us than any other country. Well, we also have way more freedom, along which comes responsibilities. To cut violence, we need only to catch up responsibility with freedom. "And this is in response to the gentleman who asked during the public safety committee meeting last week -end for solutions to gun violence. A) As with driving a car, raise the age of gun possession, unless accompanied by an adult - most mass tragedies have been perpetrated by the young. 90 April 2, 2013 B) To prevent them access, mandate biometric safes - now expensive, but if mass-produced, prices will come down, especially if aided by subsidies. 2. "My second comment concerns the designation "assault weapons:" it is an assault on truth. Other people have already pointed this out. Why do you fall for this manipulation of the emotions? The term was invented by Nazi propaganda when they were losing the war, to designate guns with smaller cartridge cases and named "Sturmgewehr", storm weapon, when they were no longer storming anybody, but when the peoples' hope had to be bolstered by lies. "To remind you, this is why we need evidence -based research: to expose this type manipulation. The lie at hand about "assault weapons" has been taken up by those ignorant of history and gun facts. "Assault weapons so called are simply guns that have undergone rigorous tests that proved their reliability, and were easy to clean, and most recently have been found to have more accuracy than even bolt action guns, and therefore safer to use. Want to limit their lethality? Then limit their magazines to ten rounds. "Altering them in other ways is to deface and possibly destroy well -crafted artifacts, some of which approach the status of art. Things like "muzzle brakes" simply make the gun more safe by making it more controllable -the fear is that they make is possible to easily attach other worse sounding things like flash hiders which have a military connotation but actually also make the shooting experience safer for the shooter and bystanders. 3. "My third point concerns evidence: "It has been documented that the original Clinton ban did not reduce gun violence. And a CDC study discussed in the Wall Street Journal last week showed that NY State current gun laws are already doing very well. NY State has the lowest death rates by gun suicide and gun homicide. "To name but one other in a potentially huge list of such facts, in Australia after guns were confiscated, gun suicides went down in exact proportion as grisly suicides by hanging went up - no lives saved. "The worst mass killings in the last sixty years were not committed with guns but with long knives - machetes -in Rwanda, and many multiple murders have been perpetrated with knives, which would happen in the absence of guns. "As to my fourth point, the intent of the bill: pro -NY -SAFE Act people believe this bill was introduced to reduce violence. Nothing could be farther from the truth. As I just said, we have already excellent gun laws today. And you probably all heard that Cuomo, ever the politician rather than the person of integrity, is backing away from responsibility saying Bloomberg and Brady -Bill people drafted the law - admitting that he or his staff had not read it. All the more support for the claim that he introduced this bill to look Presidential and now, we know also, to get support from other Democratic big- wigs like Bloomberg and the Brady Campaign. "Cuomo's passing the NY SAFE Act was clearly a grisly game of me -first to beat Obama by a few days with the first gun control legislation in order to bolster Cuomo's national presidential chances at the expense of those he represented in his state. I have spoken with drafters who admitted they knew nothing about guns, but the horrific images in movies and TV swayed them. "Now my last point. We have a unique opportunity here. People of all types of political and socio-economic background coming together to speak out against government encroachment on the Bill of Rights, against an autocratic patriarchal, father -knows -best mode of governmental decision-making that happens to be incompetent as well. Let us use this energy constructively and send a message to 91 April 2, 2013 Cuomo. "If Cuomo really cared about saving lives, he would put his money and energy in supporting of public health. As a reminder, the 1918 flu pandemic killed 50 to 100 million people. Put your money on public health and biometric safes, not on developing one more governmental database to harass law- abiding citizens. "Is it just the other guy, the minority -du -jour, who will be locked up? Or you? No person is an island." Christopher Morley, Schuyler County resident, spoke in opposition to the NY SAFE Act (2013). He said the law is seriously flawed and asked that the Legislature at the very least ask the State Legislature and Governor to re-examine the law. Connor Jones, Town of Ulysses and Ithaca College student, spoke in opposition to the NY SAFE Act (2013). He said the law is flawed, including the definition of assault weapons which is too broad due to one arbitrary feature. He believes the law will only impact law abiding citizens. John O'Rourke, spoke in opposition to the NY SAFE Act (2013), He spoke of the United States Constitution and stated in Colorado there has already been one Sheriff's satellite officer who moved his office into a public school at no cost and walks the hallways of the school every day and suggested this as an alternative. Denver Jones, Candor, said as parents people find that their children push the envelope to see how far they can go and the State Legislature and the Governor has continually infringed upon the people's freedom without being called on it. He spoke in opposition to the NY SAFE Act (2013) and said the law should be repealed as there are many issues that have not been addressed including the ones about mental illness. Diane Hamilton, City of Ithaca, thanked the Legislature for its continued commitment for the U2o endeavor and all community movie viewing of "Race: The Power of an Illusion". She said this is taking place all over the County and in City and County departments, school districts, and community organizations. She has attended a few of the community conversations and it is amazing to hear what people are saying about the experiences in Tompkins County. She asked Legislators to do whatever they can to let their constituents know about the viewing at the State Theater April 8, 15 and 22nd John Hertzler, Trumansburg, spoke in support of the NY SAFE Act (2013), and how passionate speakers are this evening and finds it difficult to sit in a room with a group of people who may be armed. He said he has a daughter who attends Trumansburg Middle School and worries every day of the possibility of an attack. He said the Constitution is the most imperfect document that was adopted as there are already 23 amendments to it. He said there is a need to do something and supports the NY SAFE Act (2013). Frances Weissman, City of Ithaca, spoke in opposition to the NY SAFE Act (2013). She said the Declaration of Independence states that people have some inalienable rights and the NY SAFE Act is a complete aggregation of the founding principles, jeopardizes the peoples' freedoms, and infringes on the 2nd Amendment. She said this law is not about guns, it is about control. Mike Terwilliger, Brooktondale, spoke in opposition to the NY SAFE Act (2013). He said he does not believe if it were in place, that the SAFE Act would have prevented the tragedy that occurred in Newtown, Connecticut. He spoke of the security that exists in the schools where the government officials' children attend but stated United States public schools are not afforded having armed guards for security as those schools have. He said the places with the toughest gun laws have the highest rates of gun violence. 92 April 2, 2013 Vito Diciolla, Newfield, spoke in opposition to the NY SAFE Act (2013). He said he registered to vote today and said this topic has brought him into his first Legislative experience. He believes the comments that were made at the last meeting fell on deaf ears and doesn't understand why the second amendment is a debatable topic. Skip Townsend, Newfield, spoke in opposition to the NY SAFE Act (2013). He said if people have the right to life they have a right to defend it. He said the average response time of a police officer is 20-30 minutes and a criminal could commit a deviant act in that time. Patricia Sipman, Ithaca, spoke in support of the NY SAFE Act (2013). She said there are modern assault rifles that are capable of killing as many people as a cannon and said she is disappointed that a County committee dedicated to promoting public safety in the County is opposed to the SAFE Act. Ed Weissman, City of Ithaca, spoke in opposition to the NY SAFE Act (2013). He spoke of facts related to tough gun laws and said there are many variables that have to be taken into account but stricter gun laws do not lead to declines in crime and deaths. Kelly Kheel, Lansing, spoke in opposition to the NY SAFE Act (2013). She said there have not been any statements made as to how this law will save one child's life. She said it is a shame that people forget why the Second Amendment was put into place. She said drugs are illegal yet the laws do not prevent people from breaking the law and using them. Herb Engman, Town of Ithaca, spoke in support of the NY SAFE Act (2013). He spoke of a biography he recently read on George Washington and said that document was made in secrecy and said there was no input into the constitution. He displayed pictures of kids being led away from Sandy Hook on the tragic day in December. He said the National Rifle Association (NRA) has been very active in lobbying across the country and have the advantage of having a lobbying effort but the children and those on the positive side of gun reform do not. He stressed that all of the people who have died from gun violence in this country should not be forgotten and urged the County to join the City and Town of Ithaca to support the SAFE Act. Kevin Wyszkowski, Lansing, spoke in opposition to the NY SAFE Act (2013). He said the biggest threat to lives in the United States is alcohol. He spoke of the need for education in safe use of firearms. He said banning some types of arms and limiting magazine capacity will not reduce gun violence. Margaretta Hendricks, Trumansburg, spoke in opposition to the NY SAFE Act (2013). She said she understands the concerns of those who support the SAFE Act. She said it is not necessary to send a resolution stating the County supports human life but it is necessary for elected officials to consistently act democratically and not just when it is convenient. Hannah Kuhn, Schuyler County resident, spoke in opposition to the NY SAFE Act (2013). She said she was raised hunting with her parents and eating venison. She said she went to several shops recently and was unable to get ammunition for her rifle because of this new legislation. JoAnne Cipolla-Dennis, Town of Dryden, spoke in support of the NY SAFE Act. She said people are afraid their rights are being taken away and referred to DOMA (Defense and Marriage act) and displayed Sergeant Donna Johnson's picture who was holding a AKA when she was killed in service in 2012. She said guns do not make people safe; violence is causing people to commit crimes and that cannot be tolerated any longer. She said she lives in Tompkins County because she feels safe here and believes if someone is properly trained a gun is not necessary. Ted Townsend, Marine Corp Veteran, spoke in opposition to the NY SAFE Act (2013). He said he cannot understand why individuals in the military have been given weapons to go fight in someone 93 April 2, 2013 else's country but cannot use one in this country. He urged the Legislature to support a resolution in opposition to the NY SAFE Act. Robert McCarthy, spoke in opposition to the NY SAFE Act (2013). He said those in support of the SAFE Act are a threat to the safety of families, freedoms, the safety of his family, the Constitution, the free spirit, and the Bill of Rights. He said Andrew Cuomo finds it acceptable to showboat his career by trampling on the rights of United States citizens. He said there are three types of people -- strong willed able bodied people, helpless sheep who let things happen, and there are people who prey on both groups. Diana Kelly, Town of Ithaca, spoke in opposition to the NY SAFE Act (2013). She said she did not intend to speak but there is an argument that needs to be heard. She doesn't know much about the SAFE Act but has changed her mind after hearing speakers. She questioned how a small change in a design of a gun can make many current hunting rifles now illegal. She said venison is a source of meat and many families may not be able to afford a new gun to replace the hunting rifle that is now illegal. She suggested people attend a hunter safety course at the Department of Environmental Conservation (DEC) where people are taught how to safely use and store guns. Laurie Spada, Brooktondale resident, spoke in opposition to the NY SAFE Act (2013). She said a lot of people who have spoken to the Legislature are uncomfortable doing so and states she appreciates their efforts. All of the things that are brought up in Legislature meetings are important but if this many people attend it is very important to listen to them. Bill Demo, City of Ithaca, supports the intention of the SAFE Act (2013). He believes there are some parts of the law that need to be reexamined; however, the intent of the law is to save lives. Rocco Lucente, Town of Ulysses, spoke in opposition to the NY SAFE Act (2013) and said there were five total gun murders committed with a rifle in 2011 and asked how much are Legislators willing to sacrifice freedoms because of five people being killed by rifles in the State. Mr. Lucente said he is a strong believer in the Second Amendment and said people need to be protected when there is a public risk. Ms. Robertson thanked all of the speakers. She said the Legislature has witnessed a tremendous amount of respectful and heartfelt comments over the last couple of weeks and thanked everyone for participating. Recess Ms. Robertson declared recess at 7:49 p.m. The meeting reconvened at 8:03 p.m. Report from a Municipal Official(s) Dan Klein, Deputy Town of Danby Supervisor, reported on recent grant awards such as the high speed internet grant and funding that was received for the Danby Water District to replace the water tank. Public Safety Committee Resolution 2013-44: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Department of Probation and Community Justice (DOC ID: 4005) This resolution was adopted by a short roll call vote. 94 April 2, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Brian Robison, Member Peter Stein, Member 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, a Senior Typist retired on January 31, 2013, 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 2013: FROM: A1990.54400 TO: A3141.51000519 A3141.58800 A3142.51000519 A3142.58800 SEQR ACTION: TYPE I1-20 Contingent Fund Senior Typist Fringes Senior Typist Fringes * * * * * * * * * * $2,831 $ 355 211 1,421 844 Resolution 2013-45: Resolution in Support of Sensible Gun Control and Addressing New York State -Level and Federal -Level Actions Thereon (DOC ID: 4065) It was MOVED by Mr. Robison, seconded by Mr. Stein, to approve the following resolution as recommended by the Public Safety Committee on March 27, 2013: "Urging the New York State Legislature and Governor Andrew Cuomo to Re -Examine the New York SAFE Act Using a Careful and Deliberate Public Process WHEREAS, the New York SAFE Act (2013) was passed with bipartisan support in the New York State Legislature and signed by Governor Andrew Cuomo, and WHEREAS, the Legislation was initiated after public outcry over the horrendous shooting of school children in Newtown, Connecticut, and sent to the State Legislature by Governor Cuomo with a message of necessity, and WHEREAS, the Tompkins County Legislature supports the policy goal of creating a safer environment for all our residents, and WHEREAS, Tompkins County Legislators, as elected officials sworn to uphold both the New York State Constitution and the United States Constitution, acknowledge the historic and continuing importance of the Bill of Rights as well as recognize United States Supreme Court rulings that the Second Amendment allows prohibitions on the possession of firearms by felons and the mentally ill, penalties for carrying firearms in schools and government buildings, or laws regulating the sales of guns, and WHEREAS, the County Legislature recognizes that reasonable and thoughtfully designed legislation can improve public safety without unduly infringing on our residents' Second Amendment rights, and WHEREAS, the NY SAFE Act (2013) was passed without public hearings, comment period, or public debate, and provisions in the NY SAFE Act (2013) could be 95 April 2, 2013 revisited without undoing the law itself, and WHEREAS, the Legislation includes unfunded State mandates requiring additional registration procedures that must be administered by the Sheriff's Department and County Clerk, as well as increased responsibilities for county Mental Health Departments, and WHEREAS, Tompkins County residents have voiced their opinions both for and against the new Law, and various portions of it, and WHEREAS, the Tompkins County Legislature believes that the New York State Legislature and Executive should always act in a careful, open, and public process, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County legislature urges the State Legislature and Governor to provide funding for the increased costs of state agency and local record-keeping and enforcement, RESOLVED, further, That the Tompkins County Legislature asks Governor Cuomo and the New York State Legislature (1) through an open and public process to solicit concerns and recommendations from the public, local governments and law enforcement agencies regarding consequences of the NY SAFE Act (2013), (2) analyze the probable advantages and disadvantages of the recommendations using evidence based criteria, and (3) recommend to the Legislature changes to the NY SAFE Act (2013) to modify or eliminate all provisions that are unlikely to decrease the number of victims of gun violence but will likely significantly burden law-abiding gun owners, RESOLVED, further, That the Clerk of the Legislature transmit copies of this resolution to Governor Andrew Cuomo, State Senators James Seward, Thomas O'Mara, and Michael Nozzolio, and to Assemblywoman Barbara Lifton." It was MOVED by Ms. Chock, seconded by Ms. Kiefer, to amend the resolution by Substituting the resolution with the following "Resolution in Support of Sensible Gun Control and Addressing New York State -Level and Federal -Level Actions Thereon (ID#4083): WHEREAS Tompkins County Legislators were horrified, as were all Americans, by the slaughter of 20 children and six adults at Newtown, Connecticut, on December 14, 2012, and WHEREAS, the NYS Governor, Assembly, and Senate, catalyzed by that appalling event, acted expeditiously under a "Message of Necessity" in the new State legislative session and with bipartisan support to pass and sign the New York State SAFE Act on January 15, 2013, and WHEREAS, Tompkins County Legislators, as elected officials sworn to uphold both the New York State Constitution and the United States Constitution, acknowledge the historic and continuing importance of the Bill of Rights as well as recognize United States Supreme Court rulings that the Second Amendment allows prohibitions on the possession of firearms by felons and the mentally ill, penalties for carrying firearms in schools and government buildings, or laws regulating the sales of guns, and WHEREAS, provisions in the New York State SAFE could be revisited without undoing the law itself, and WHEREAS, the new law is the first in the nation to require instant background checks on all purchases of ammunition at the time of sale; it also includes a statewide standard requiring recertification of pistol permits every five years, and closes a private - sale loophole to ensure that all gun purchases are subject to a background check, and WHEREAS, it is appropriate for states to enact laws promoting the safety of their residents, and none of the provision in the SAFE Act will prevent any law-abiding citizen from owning a gun or many guns, and WHEREAS, there is no national database of guns and in fact Federal law bars the Bureau of Alcohol, Tobacco, Firearms, and Explosives from keeping track of guns and only allows the government to try to track the history of a gun, including buyer and seller, 96 April 2, 2013 after the gun has used in a crime, and WHEREAS, we recognize the value of having a uniform Federal approach to the problems of gun violence to establish consistency throughout the nation and to reduce the opportunity of importation of illegal weapons across state lines, now therefore be it RESOLVED, That the Tompkins County legislature (1) supports the intent and enactment of the New York State SAFE Act, (2) urges the State Legislature and Governor to provide -funding for the increased costs of state agency and local record- keeping and enforcement, and (3) asks the State Legislature and Governor to consider fine-tuning of details in the NYS SAFE Act following open hearings and public comment, RESOLVED, further, That the Tompkins County Legislature urges the United States Congress and President to remove the existing restriction on the creation of a Federal gun database and undertake timely consideration of the many relevant suggestions by the Brady Center to Prevent Gun Violence, RESOLVED, further, That copies of this resolution be sent to Governor Andrew M. Cuomo, temporary Presidents of the Senate, Jeffrey D. Klein and Dean G. Skelos, Speaker Sheldon Silver and the County's Representatives in the New York State Senate and Assembly." It was MOVED by Mr. McKenna, seconded by Mr. Proto, to amend the amendment and substitute the resolution with ID # 4088 - "Opposing the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013" "WHEREAS, the Tompkins County Legislature endorses and upholds the Second Amendment to the Constitution of the United States, and WHEREAS, the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013(A2388/S.2230) was rushed to passage in the State Legislature through a flawed process that excluded legislative deliberation and citizens input, and WHEREAS, provisions in the SAFE Act are already requiring, and will continue to require greater expenditure of County resource, in effect creating unfunded mandates, and WHEREAS, the SAFE Act, as currently enacted, places additional responsibilities upon County Sheriffs, County Clerks, and County Commissioners/Director such as Health and Human Services, Department of Social Services, Mental Health Services, as each will be required to oversee functions such as pistol permit investigations, recertification of permits, wavers of permit disclosure and mental health evaluation and reporting to New York State Division of Criminal Justice Services, and WHEREAS, implementation of the SAFE Act will also require investment of State resources that could otherwise be used to promote other criminal justice initiatives that keep our residents safe, and WHEREAS, the SAFE Act will criminalize law-abiding citizens, including police officers, who are the responsible owners of certain firearms and magazines that are included in the law, now therefore be it RESOLVED, That the Tompkins County Legislature opposes the New York Secure Ammunition and Firearms Enforcement Act of 2013 and the flawed process by which it was enacted, including Governor Cuomo's message of necessity, which limited debate and input from our elected representatives and concerned citizens, RESOLVED, further, That the Tompkins County Legislature requests that the SAFE Act be repealed and replaced with more sensible legislation that does not infringe upon Second Amendment rights, does not create unfunded mandates on County Governments, addresses issues, including mental illness and deterring violent crime, and includes full input from the public, RESOLVED, further, That the Clerk of the Tompkins County Legislature 97 April 2, 2013 forward a certified copy of this Resolution to Governor Andrew M. Cuomo, temporary Presidents of the Senate, Jeffrey D. Klein and Dean G. Skelos, Speaker Sheldon Silver and the County's Representatives in the New York State Senate and Assembly." A voice vote on the amendment to the amendment to Substitute with Mr. McKenna's resolution resulted as follows: Ayes - 3 (Legislators McKenna, Proto, and Robison); Noes - 12. MOTION FAILED. A voice vote on the amendment to substitute resulted as follows: Ayes - 8 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Mackesey, McBean-Clairborne, and Pryor); Noes - 7 (Legislators Lane, McKenna, Proto, Robison, Robertson, Shinagawa, and Stein). MOTION CARRIED. It was MOVED by Mr. Lane, seconded by Mr. Robison, to Substitute with his original resolution entitled "Urging the New York State Legislature and Governor Cuomo to Re -Examine the New York State SAFE Act Using a Careful and Deliberate Public Process" "WHEREAS, the New York SAFE Act was passed with bipartisan support in the New York State Legislature and signed by Governor Andrew Cuomo; and WHEREAS, the legislation was initiated after public outcry over the horrendous shooting of school children in Newtown, Connecticut, and sent to the State Legislature by Governor Cuomo with a message of necessity; and WHEREAS, the Tompkins County Legislature supports the policy goal of creating a safer environment for all our residents, and WHEREAS, the County Legislature recognizes that reasonable and thoughtfully designed legislation can improve public safety without unduly infringing on our residents' Second Amendment rights, and WHEREAS, the SAFE Act was passed hurriedly without fact finding, public hearings, comment period, or public debate; and WHEREAS, the legislation includes unfunded state mandates requiring additional registration procedures that must be administered by the Sheriff's Department and County Clerk, as well as increased responsibilities for county Mental Health Departments; and WHEREAS, Tompkins County residents have voiced their opinions both for and against the new law, and various portions of it; and WHEREAS, the Tompkins County Legislature believes that the New York State Legislature and Executive should always act in a careful, open, and public process; NOW THEREFORE, it is RESOLVED, that the Tompkins County Legislature urges the New York State Legislature and Governor Andrew Cuomo to re-examine the issues addressed by the New York SAFE Act in an open and public process, affording residents of the State the opportunity to be heard on the legislation, and then to confirm, modify, and/or correct the statute in a careful and deliberate manner; and be it further RESOLVED, that the Clerk of the Legislature transmit copies of this resolution to Governor Andrew Cuomo, State Senators James Seward, Thomas O'Mara, and Michael Nozzolio, and to Assemblywoman Barbara Lifton." A voice vote resulted as follows: Ayes - 6 (Legislators Lane, McKenna, Proto, Robison, Shinagawa, and Stein); Noes - 9 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Mackesey, McBean-Clairborne, Pryor, and Robertson). MOTION FAILED. Mr. Shinagawa stated for the record that he voted against substituting Ms. Chock's resolution and had voted in support of the compromise that came out of the Public Safety Committee. However, since Ms. Chock's resolution is now the main motion he will support it based on his comments earlier. 98 April 2, 2013 A request by Mr. Shinagawa to include the following Whereas was accepted as a friendly amendment: "WHEREAS, the SAFE Act includes unfunded State mandates requiring additional registration procedures that must be administered by the Sheriff's Department and County Clerk, as well as increased responsibilities for county Mental Health Departments, and the cost of which have not been addressed, and" It was MOVED by Mr. Proto, seconded by Mr. McKenna, to amend the resolution by changing the word "urge" to "demands" the State Legislature and Governor to provide funding in the first Resolved. A voice vote on the amendment resulted as follows: Ayes - 10, Noes - 5 (Legislators Herrera, Kiefer, Pryor, Robertson, and Stein). MOTION CARRIED. It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Lane, to amend the following language contained in the second Resolved: "(3) asks the State Legislature and Governor to consider fine-tuning of details in the NYS SAFE Act following open hearings and public comment" with "to continue to re-examine the details addressed by the New York SAFE Act in an open and public process, affording residents of the State the opportunity to be heard on the legislation, and then to confirm, modify, and/or correct the statute in a careful and deliberate manner." This was accepted as a friendly amendment. It was MOVED by Mr. Stein, seconded by Mr. Robison, to Call the Question. A vote on the motion to Call the Question resulted as follows: Ayes - 14, Noes - 1 (Legislator Robertson). The Question was Called. A roll call vote on the resolution as amended resulted as follows: Ayes - 10, Noes - 5 (Legislators Lane, McKenna, Proto, Robertson, and Robison). RESOLUTION ADOPTED. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [10 TO 5] Brian Robison, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne, Pryor, Shinagawa, Stein Lane, McKenna, Proto, Robertson, Robison WHEREAS Tompkins County Legislators were horrified, as were all Americans, by the slaughter of 20 children and six adults at Newtown, Connecticut, on December 14, 2012, and WHEREAS, the NYS Governor, Assembly, and Senate, catalyzed by that appalling event, acted expeditiously under a "Message of Necessity" in the new State legislative session and with bipartisan support to pass and sign the New York State SAFE Act on January 15, 2013, and WHEREAS, Tompkins County Legislators, as elected officials sworn to uphold both the New York State Constitution and the United States Constitution, acknowledge the historic and continuing importance of the Bill of Rights as well as recognize United States Supreme Court rulings that the Second Amendment allows prohibitions on the possession of firearms by felons and the mentally ill, penalties for carrying firearms in schools and government buildings, or laws regulating the sales of guns, and WHEREAS, provisions in the New York State SAFE Act could be revisited without undoing the law itself, and 99 April 2, 2013 WHEREAS, the SAFE Act includes unfunded State mandates requiring additional registration procedures that must be administered by the Sheriff's Department and County Clerk, as well as increased responsibilities for county Mental Health Departments, and the cost of which have not been addressed, and WHEREAS, the new law is the first in the nation to require instant background checks on all purchases of ammunition at the time of sale; it also includes a statewide standard requiring recertification of pistol permits every five years, and closes a private -sale loophole to ensure that all gun purchases are subject to a background check, and WHEREAS, it is appropriate for states to enact laws promoting the safety of their residents, and none of the provision in the SAFE Act will prevent any law-abiding citizen from owning a gun or many guns, and WHEREAS, there is no national database of guns and in fact Federal law bars the Bureau of Alcohol, Tobacco, Firearms, and Explosives from keeping track of guns and only allows the government to try to track the history of a gun, including buyer and seller, after the gun has used in a crime, and WHEREAS, we recognize the value of having a uniform Federal approach to the problems of gun violence to establish consistency throughout the nation and to reduce the opportunity of importation of illegal weapons across state lines, now therefore be it RESOLVED, That the Tompkins County legislature (1) supports the intent and enactment of the New York State SAFE Act, and (2) demands the State Legislature and Governor to provide funding for the increased costs of state agency and local record-keeping and enforcement, and to continue to re- examine the details addressed by the New York SAFE Act in an open and public process, affording residents of the State the opportunity to be heard on the legislation, and then to confirm, modify, and/or correct the statute in a careful and deliberate manner, RESOLVED, further, That the Tompkins County Legislature urges the United States Congress and President to remove the existing restriction on the creation of a Federal gun database and undertake timely consideration of the many relevant suggestions by the Brady Center to Prevent Gun Violence, RESOLVED, further, That copies of this resolution be sent to Governor Andrew M. Cuomo, temporary Presidents of the Senate, Jeffrey D. Klein and Dean G. Skelos, Speaker Sheldon Silver and the County's Representatives in the New York State Senate and Assembly. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Recess Ms. Robertson declared recess at 10:01 p.m. The meeting reconvened at 10:05 p.m. Ms. Pryor was excused at this time. Facilities and Infrastructure Committee Resolution 2013-46: Determination of a Negative Declaration of Environmental Significance in Relation to Pine Tree Road Bike and Pedestrian Paths, Town of Ithaca, PIN 3950.43 (DOC ID: 4054) 100 April 2, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: AWAY: ADOPTED [12 TO 1] Dooley Kiefer, Member David McKenna, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa, Stein Pamela Mackesey Pat Pryor Kathy Luz Herrera WHEREAS, the Town of Ithaca has been consulted during design development and has concurred with preliminary planning for construction of the Pine Tree Road Bike and Pedestrian Paths Project (PIN 3950.43), in the Town of Ithaca ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action, SEQR ACTION: Unlisted (No further action required) (EAF on file with Clerk of the Legislature) * * * * * * * * * * Resolution 2013-47: Authorization to Issue Design Approval for Construction of the Pine Tree Road Bicycle and Pedestrian Paths Project, Town of Ithaca, PIN 3950.43 (DOC ID: 4055) Mr. Stein was excused at this time. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, McBean- Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Dooley Kiefer, Pamela Mackesey Pat Pryor, Peter Stein WHEREAS, Resolutions 127 of 2009 and 106 of 2012 authorized agreements between Tompkins County and the State of New York Department of Transportation whereby Federal and State sources will furnish partial funding to design and construct the Pine Tree Road Bike and Pedestrian Paths Project (PIN 3950.43) (the "Action") to improve safety for all road users, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and 101 April 2, 2013 WHEREAS, in accordance with applicable federal regulations and guidelines right-of-way acquisition on approximately three (3) parcels is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, completion of all procedural requirements needed prior to project design approval have been certified by the design consultant and approved by the County Highway Director, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee and pending authorization from the State of New York Department of Transportation, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of right-of-way acquisition for the referenced project. SEQR ACTION: UNLISTED (EAF on file with Clerk of the Legislature, No further action required) * * * * * * * * * * Resolutions and Appointment(s) Withdrawn from the Agenda Ms. Robertson gave permission to withdraw the appointment to the Fish and Wildlife Management Board from the agenda. Ms. Robertson gave the appropriate Legislators and/or committee chairs permission to withdraw the following resolutions from the agenda: • Urge the Governor and State Legislature to Amend the SAFE Act of 2013 (Submitted by Legislator Stein) (ID# 4072) • Support Sensible Gun Control and Addressing New York State -Level and Federal -Level Actions Thereon (Legislator Kiefer's Version Revised) (Submitted by Legislator Chock) (ID# 4073) • Resolution in Support of Governor Andrew M. Cuomo's Safe & Fair Gun Policy and the New York Secure Ammunition and Firearms Enforcement Act (NYSAFE) to Mitigate Gun Violence (Submitted by Legislator Chock) (ID# 4068) • Resolution in Support of Governor Andrew M. Cuomo's Safe & Fair Gun Policy and the New York Secure Ammunition and Firearms Enforcement Act (NYSAFE) to Mitigate Gun Violence (Submitted by Legislator Chock) (ID# 4089) • Resolution in Support of Sensible Gun Control and Addressing New York State -Level and Federal -Level Actions Thereon (Submitted by Legislators Kiefer, Chock, Pryor, Mackesey, and Burbank) (ID# 4083) • Support Sensible Gun Control and Addressing New York State -Level and Federal -Level Actions Thereon (Submitted by Legislator Kiefer) (ID# 4071) • Opposing the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 (ID# 4088) • RES -2013-36: Opposing the New York Secure Ammunition and Firearms Enforcement (SAFE) 102 April 2, 2013 Act of 2013 Resolution(s) and Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Leslyn McBean-Clairborne, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Pat Pryor, Peter Stein Resolution 2013-48: Approval of Appointment to the Tompkins County Council of Governments (TCCOG) (DOC ID: 4074) 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 James Dennis be appointed as the alternate member to the Tompkins County Council of Governments (TCCOG). SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointment(s) Agricultural and Farmland Protection Board Norman L. Davidson - Farmer representative; term expires December 31, 2016 Rachel Crispell - Farmer representative; term expires December 31, 2016 Planning Advisory Board Monika Roth - Agriculture representative; term expires December 31, 2015 Gay Nicholson - At -large representative; term expires December 31, 2015 Kathleen Schlather - Human Services representative; term expires December 31, 2016 Ethics Advisory Board Christine Sanchirico - term expires December 31, 2016 Brian Eden - term expires December 31, 2016 Workforce Diversity and Inclusion Committee Kathy Luz Herrera - Legislator; term expires December 31, 2015 Youth Services Board Amy Jacot - Town of Newfield representative; term expires December 31, 2014 Strategic Tourism Planning Committee Angela LaPadula - At -large representative; term expires December 31, 20l3 Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer - Legislator; term expires December 31, 2013 ********** 103 April 2, 2013 Budget, Capital, and Personnel Committee Resolution 2013-49: Endorsing State Legislation S4123 and A6458 - Extending Existing Sales and Use Tax Authority of the County of Tompkins (DOC ID: 4087) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Pat Pryor, Peter Stein WHEREAS, the County of Tompkins has had the authority to enact an additional one percent of sales and use taxation since December 1, 1992, and has enacted such tax, and WHEREAS, this authority has been exercised since that date and expires November 30, 2013, and WHEREAS, this Legislature by Resolution No. 41 of 2013 requested the members of the New York State Senate and Assembly who represent Tompkins County to sponsor and support legislation extending this authority beyond November 30, 2013, and they have done so and have introduced S4123/A6458 "AN ACT to amend the tax law, in relation to extending the authorization of the County of Tompkins to impose an additional one percent of sales and compensating use taxes" that extends this authority to November 30, 2015, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That this Legislature endorses and requests State approval of legislation known as S4123 and A6458, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE I1-20 ********** Resolution 2013-50: Appropriation from Contingent Fund for Temporary Salary Expense - Finance Department (DOC ID: 4075) 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, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Pat Pryor, Peter Stein WHEREAS, the Tompkins County Soil and Water Conservation District ("District") is an autonomous governmental agency engaged in programs and activities that are critical to the health of the agricultural community and the environment of Tompkins County, and 104 April 2, 2013 WHEREAS, in recognition of the value of services provided by the District, the County has long - supported the District through an annual appropriation and also by providing space for the District's operations, and WHEREAS, by resolution of the District's Board, the County has been asked to provide, on a temporary basis, expert grants management and financial management assistance and oversight needed to strengthen the long-term financial health of the District, and WHEREAS, the County Legislature finds that it is in the County's interest to provide such cooperative assistance and oversight, coordinated by the County's Department of Finance, as a means to ensure the continuity of critical services provided by the District, and WHEREAS, the County Finance Department does not currently have the personnel nor budget capacity to provide such oversight, and WHEREAS, it is the County's intention to hire within the Finance Department, on a temporary basis, an individual who can provide the assistance and oversight requested by the District, 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: A1990.5440 Contingent Fund $25,000.00 TO: A1315.51000 Salary $25,000.00 SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2013-51: Appropriation from Contingent Fund to Support the Cost of Completing the Digitization of County Archival Records (DOC ID: 3966) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Michael Lane, Vice Chair Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Pat Pryor, Peter Stein WHEREAS, the County Clerk has engaged in a multi-year process of digitizing County documents and records, a process that has resulted in increased accessibility of public records and the avoidance of significant costs associated with storing paper records, and WHEREAS, the Clerk has engaged Challenge Industries, a nonprofit, vocational services organization that offers work opportunities and support services to individuals who face barriers to employment, to undertake the scanning of County records, and WHEREAS, additional funding is required to support Challenge Industry's completion of the scanning process and finalize the Clerk's initiative to digitize stored archival County records, now therefore be it 105 April 2, 2013 RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That $60,000 will be paid from the Contingent Fund to support the completion of the scanning process, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $60,000 TO: A1410.54442 Professional Services $60,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-52: Adoption of Local Law No. a of 2013 — Amending Chapter 32 - Code of Ethics (DOC ID: 3903) MOVED by Mr. Lane, seconded by Ms. Kiefer. It was MOVED by Mr. Burbank, seconded by Mr. Proto, to postpone this resolution to the next meeting. A voice vote resulted as follows: Ayes - 9; Noes - 4 (Legislators Dennis, Kiefer, Lane, and Robertson); Excused - 2 (Legislators Pryor and Stein). MOTION TO POSTPONE CARRIED. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: POSTPONED [9 TO 4] Next Meeting: 4/16/2013 5:30 PM Michael Lane, Vice Chair Dooley Kiefer, Member Burbank, Chock, Luz Herrera, Mackesey, McBean-Clairborne, McKenna, Proto, Robison, Shinagawa James Dennis, Dooley Kiefer, Michael Lane, Martha Robertson Pat Pryor, Peter Stein WHEREAS, following an Ethics Audit by the New York State Comptroller in 2010, the Code of Ethics was revised and approved by the Ethics Advisory Board and the Government Operations Committee, and WHEREAS, a public hearing was held before the Tompkins County Legislature on March 19, 2013, to hear all persons interested in proposed Local Law No. a of 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. a of 2013 — Amending Chapter 32 — Code of Ethics be and hereby is adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE I1-20 ********** 106 April 2, 2013 Resolution 2013-53: Adopting Revisions to Policy 01-26 - Advisory Committees and Advisory Boards Appointed by the County Legislature (DOC ID: 3650) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Michael Lane, Vice Chair Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Robertson, Robison, Shinagawa Frank Proto Pat Pryor, Peter Stein WHEREAS, it is the policy of the Tompkins County Legislature to have a manual of Administrative Policies and Procedures that govern the functioning of the County organization, and to ensure that these policies and procedures are up to date, and WHEREAS, Policy 01-26 - Advisory Committees and Advisory Boards Appointed by the County Legislature requires revisions that more accurately reflect best practice policy, and WHEREAS, the policy changes were researched and developed by a policy committee of County department heads, staff, and a member of the County Legislature, and policy changes were formally reviewed according to Policy 01-04, which governs the policy amendment process, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the revisions to Policy 01-26 - Advisory Committees and Advisory Boards Appointed by the County Legislature are hereby adopted. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Minutes Approval - March 5, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] James Dennis, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer Pat Pryor, Peter Stein Minutes Approval - March 19, 2013 Recess RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Will Burbank, Member James Dennis, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer Pat Pryor, Peter Stein 107 April 2, 2013 Ms. Robertson declared recess at 11:09 p.m. The meeting reconvened at 11:16 p.m. Executive Session MOVED by Mr. Lane, seconded by Mr. Robison, to hold an executive session to discuss a personnel matter and litigation. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Kiefer), Excused - 2 (Legislators Pryor and Stein). An executive session was held at 11:16 p.m. and returned to open session at 11:35 p.m. Resolution(s) Added to the Agenda MOVED by Mr. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Confirming the Appointment of the Tompkins County Director of Finance. Budget, Capital, and Personnel Committee Resolution 2013-54: Confirming the Appointment of the Tompkins County Director of Finance (DOC ID: 4110) RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa EXCUSED: Pat Pryor, Peter Stein WHEREAS, the Tompkins County Charter indicates that the Director of Finance shall be appointed by the Tompkins County Legislature, and WHEREAS, a search process has been conducted over the last six months that included a national recruitment effort, writing samples, first-round and finalist of interviews, a test of public speaking abilities, and appropriate reference and background checks, and WHEREAS, a search committee, consisting of six Legislators, the County Administrator, and three community representatives, gave due consideration to all candidates, and WHEREAS, the Director of Finance Search Committee has recommended the appointment of Mr. Richard Snyder to the position of Director of Finance, now therefore be it RESOLVED, That Mr. Richard Snyder is hereby appointed to the position of Director of Finance with an employment start date on or about May 1, 2013, or as soon thereafter as is feasible, RESOLVED, further, That moving expenses may be reimbursed up to a maximum of $3,000, with proper receipts and documentation, RESOLVED, further, That an overlap shall be allowed with the existing Director of Finance for such a period of time as is necessary to transition David Squires' institutional knowledge to Richard Snyder, 108 April 2, 2013 RESOLVED, further, That the appointment of David Squires as Tompkins County Director of Finance shall terminate after a reasonable period of transition, with much gratitude for the many years of service which he has committed to the public good of all residents of Tompkins County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Adjournment The meeting adjourned at 11:36 p.m. 109 April 16, 2013 Regular Meeting Attendance Attendee Name Title Status Arrived Departed Will Burbank Member Present Carol Chock Member Present _ James Dennis Member Present _ Kathy Luz Herrera Member Present 5:34 PM Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 8:02 PM Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Prato Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Excused Nathan Shinagawa Member Present Peter Stein Member Present 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. Moment of Silence Ms. Robertson requested a moment of silence for the victims, families, and community following terrorist attack on the Boston Marathon. Presentation of Proclamations Ms. Robertson presented the following proclamations: Fair Housing Month - April 2013 Donate Life Month - April 2013 Sexual Assault Awareness Month - April 2013 Ms. Herrera arrived at this time. Privilege of the Floor by the Public Renee Spear, Executive Director for the Tompkins and Tioga areas for Catholic Charities, provided an overview of the organization and explained how important it is to the community. The mission is to help the low to moderate income families and a person does not have to be affiliated with being a Catholic. Catholic Charities has helped over 3,000 individuals in Tioga County in 2012, which has doubled in the last five years. The Samaritan Center provides urgent short-term assistance to the low to moderate income families and individuals in immediate crisis. Since 1907, Catholic Charities has 110 April 16, 2013 helped thousands of individuals and households with one-time cash assistance to avoid disruptions in gas or electric services, etc. Participants are provided assistance to the free clothing closet and personal care products. Catholic Charities is the last resort for many families in the community. The organization works in partnerships with many local service agencies to address gaps in services and respond to urgent needs of individuals and families. In addition, services are provided to over 200 immigrants every year including helping many become United States citizens. Catholic Charities has two main objectives: to help the needs of the community's most vulnerable people and to challenge conditions that cause poverty and despair. Abbe Lyons, Ithaca Health Alliance, spoke about the programs offered by the Ithaca Health Alliance. The mission is to facilitate access to health care for all with a focus on the needs of the uninsured. That is done through three programs. One program is the Ithaca Free Clinic where services are provided through the generosity of volunteers who provide medical and holistic services. Another program is the Financial Assistance and Advocacy program that will soon be re -launching the Ithaca Health Fund program with new definitions. There is an education program to raise the level of awareness of taking care of ourselves for everyone in the community This agency is one of the gap fillers mentioned by Ms. Spear above. In the next couple of years as the Affordable Health Care Act begins to change the health insurance landscape, they anticipate their services will still be needed but maybe changing the focus. Fay Gougakis, City of Ithaca, displayed a picture from the New York Times illustrating a car with tinted windows. She expressed concern that people who are driving vehicles with dark tinted windows are texting or talking on their cell phones. She also spoke about the violence in video games and believes that all these issues are related. She would like to see more education and outreach about some of these issues. Report from a Municipal Official There was no municipal official who wished to speak. Distinguished Youth Award Mr. Burbank presented the April 2013 Distinguished Youth Award to Kai Haskins of Enfield who is an 11`h grade student at New Roots Charter School. Kai was described by Principal Tina Nilsen - Hodges as an environmental activist concerned with issues of climate change and the environmental impact of local energy choices. He was praised as an excellent student who also strives for enriching experiences outside the classroom and called a natural leader among his classmates, whose leadership impacts the quality of the school environment. He was also described as someone "who's maturity and leadership have a ripple -effect throughout the classroom, making it easy for others to get involved." Chair's Report and Appointments Ms. Robertson presented the following certificates in recognition of service to Tompkins County: Dave McKenna - 5 years Will Burbank - 5 years Joe Mareane - 5 years Michael Lane - 15 years Jonathan Wood - 20 years Dooley Kiefer - 20 years Appointments(s) Ms. Robertson made no appointments. 111 April 16, 2013 Resolutions Added to and Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Brian Robison Resolution 2013-55: Budget Adjustment — HIT Funding (Health Information Technology from the New York State Office of Mental Health) Increase — Mental Health Department (DOC ID: 4122) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Mental Health Department Revenue Acct Title Amount Appropriation Acct Title 4310.43486 Office of Mental Health (OMH) Flex Funding $35,545 4310.52206 Computer Equipment Explanation: Office of Mental Health (OMH) is providing one time Health Information Technology (HIT) to assist former targeted case management (TCM) providers that are converting to health home care managers in developing electronic care management capacity to share information with network providers. Funds to be spent by June 30, 2013. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-56: Approval of Budget Transfer - Office for the Aging (DOC ID: 4042) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget transfers from program accounts to personnel lines may require further explanation and are made at the discretion of the Director of Finance and notification to the County Administrator, as well as optional approval or disapproval by the appropriate program committee, 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: From: To: A6796-54400 A6796-51000517 A6796-58800 Program Expense Salary Fringes $19,098 $11,981 7,117 Explanation: Transfer needed to cover the salary and fringe expenses for the Outreach Worker to administer the Weatherization and Referral Program (WRAP). 112 SEQR ACTION: TYPE II -20 April 16, 2013 * * * * * * * * * * Resolution 2013-57: Budget Adjustment to Increase CHIPS Revenue - Highway Division (DOC ID: 4118) WHEREAS, New York State has increased Consolidated Highway Improvement Program (CHIPS) funding for 2013, and WHEREAS, the Tompkins County Share is $337,642.19, the equivalent of a twenty percent increase each year for 2013 and 2014, 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 adjustments: BUDGET ADJUSTMENT Revenue: D5110.43501 CHIPS Revenue $337,642.19 Appropriation: D5110.54312 Highway Materials $337,642.19 SEQR ACTION: TYPE II -20 ********** Resolution 2013-58: Award of 2013 Grants for Arts and Culture Organizational Development - Community Arts Partnership (DOC ID: 4096) WHEREAS, the 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, and WHEREAS, CAP has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following Arts and Culture Orsanizational Development Grants be awarded in 2013: 113 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Cayuga Chamber Orchestra $20,000 $25,000 $20,000 $22,000 $23,275 $18,700 $21,373 $21,800 $22,236 $27,000 Cayuga Nature Center $0 $0 $0 $0 $0 $28,000 $25,000 $25,000 $25,000 $0* Hangar Theatre $30,000 $30,000 $30,000 $32,500 $37,500 $24,000 $22,600 $23,052 $23,513 $27,000 History Center $20,000 $30,000 $23,000 $30,000 $30,000 $23,200 $21,458 $21,887 $22,325 $27,000 113 April 16, 2013 Kitchen Theatre $25,000 $25,000 $35,000 $39,680 $34,000 $22,400 $21,264 $21,689 $22,123 $27,000 Light in Winter $0 $0 $0 $0 $22,000 $0 $0 $0 $0 $0 PRI/Museum of the Earth $0 $0 $20,000 $25,000 $30,000 $18,000 $15,000 $15,300 $15,606 $40,000* Sciencenter $0 $0 $0 $0 $0 $10,000 $16,000 $16,320 $16,646 $17,000 State Theatre $30,000 $30,000 $30,000 $30,000 $37,000 $16,000 $17,000 $22,850 $23,307 $23,773 Grant Totals $125,000 $140,000 $158,000 $179,180 $213,775 $160,300 $159,695 $167,898 $170,756 $188,773 RESOLVED. further. That an agreement with Rent -a -CFO. LLC is authorized in an amount not to exceed $2,000 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 $10,000 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 I1-20 ********** Resolution 2013-59: Award of Spring 2013 Tourism Project Grants (DOC ID: 4095) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants are approved: Applicant Project Title Award Community Arts Partnership Spring Writes: The 2013 Finger Lakes Literary Festival $3,000 Downtown Ithaca Alliance 2013 Downtown Ithaca Winter Festival & Ice Rink $13,513 Museum of the Earth 10th Anniversary Celebration of the Museum of the Earth $5,000 Social Ventures 2013 Finger Lakes International Dragon Boat Festival $12,000 The History Center in Tompkins County Ithaca Scottish Games & Celtic Festival $11,500 Museum of the Earth Raising the Dead: The Art and Science of John Gurche $6,000 Sciencenter Mars Rover Exhibit $13,500 Ithaca Shakespeare Company Summer 2013 Shakespeare Festival $11,500 TOTAL $76,013 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any 114 April 16, 2013 documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-60: Award of Spring 2013 New Tourism Initiative Grants (DOC ID: 4094) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants are approved: Applicant Project Title Award Cayuga Lake Watershed Network 2013 CanYou Canoe Cayuga? $3,000 Cornell Cooperative Extension of Tompkins County 2013 The Gardener's Trail $1,500 Downtown Ithaca Alliance 2013 Restaurant Week in Tompkins County $5,500 Ithaca Children's Garden Fresh Air for Families: Compost to Cuisine $8,000 State Theatre of Ithaca Winter Village Music Festival and Camps $13,500 The 7th Art Corporation of Ithaca (Cinemopolis) 2013 Ithaca International Fantastic Film Festival $13,500 The History Center in Tompkins County 2014 Cayuga Trails 50 $12,050 The History Center in Tompkins County Behind the Camera: Tompkins County During the Wharton Studio Era $6,000 TOTAL $63,050 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 2013-61: Award of Spring 2013 Tourism Marketing and Advertising Grants (DOC ID: 4093) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants are approved: Applicant Project Title Award Cayuga Lake Triathlon 2014 Cayuga Lake Triathlon $3,395 Cayuga Lake Wine Trail 2013 Holiday Shopping Spree $5,000 Cayuga Lake Wine Trail 2014 Say Cheeese $3,000 115 April 16, 2013 Cayuga Lake Watershed Network 2013 CanYou Canoe Cayuga? $1,000 Cornell Cooperative Extension of Tompkins County 2013 The Gardener's Trail $1,750 Downtown Ithaca Alliance 2013 Restaurant Week in Tompkins County $5,000 Ithaca Children's Garden Fresh Air for Families: Compost to Cuisine $2,200 State Theatre of Ithaca Winter Village Music Festival and Camps $2,000 The 7th Art Corporation of Ithaca (Cinemopolis) 2013 Ithaca International Fantastic Film Festival $2,600 The History Center in Tompkins County 2014 Cayuga Trails 50 $2,650 Community Arts Partnership Spring Writes: The 2013 Finger Lakes Literary Festival $3,250 Downtown Ithaca Alliance 2013 Downtown Ithaca Winter Festival & Ice Rink $3,000 Museum of the Earth 10th Anniversary Celebration of the Museum of the Earth $3,000 Social Ventures 2013 Finger Lakes International Dragon Boat Festival $1,500 The History Center in Tompkins County Ithaca Scottish Games & Celtic Festival $1,925 TOTAL I $41,270 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 2013-62: Award of Spring 2013 Community Celebrations Grants (DOC ID: 4092) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants are approved: Municipality Celebration Award City of Ithaca 2013 Boricua Afro Americano Festival $750 City of Ithaca 2013 Celebrate Cayuga Lake $1,200 City of Ithaca 2013 First Peoples' Festival $1,100 City of Ithaca 2013 Food Justice Summit $600 City of Ithaca 2013 International Mud Day $1,000 City of Ithaca 2013 Juneteenth $1,200 City of Ithaca 2013 Kwanzaa $1,000 City of Ithaca 2013 Latino Heritage Month Celebration $1,200 City of Ithaca 2013 Light & Lake Water Parade $1,200 City of Ithaca 2013 State Theatre of Ithaca's 85th Birthday Celebration $800 116 City of Ithaca April 16, 2013 2013 Streets Alive! Ithaca $1,000 City of Ithaca 2013 The GIAC Festival $1,200 City of Ithaca 2013 Tompkins County Veteran's Day Parade and Ceremony $1,000 Town of Caroline 2013 Gad!Zukes! Zucchini Festival $500 Town of Danby 2013 Danby Fun Day $1,600 Town of Dryden 2013 Dryden Lake Festival $1,600 Town of Enfield 2013 Enfield Harvest Festival $1,600 Town of Groton 2013 Happenin' in the Hamlet $850 Town of Groton 2013 Verne Morton Memorial Photography Show & Contest $720 Town of Lansing 2013 East Shore Festival of the Arts $1,060 Town of Lansing 2013 Lansing Harbor Festival $1,600 Town of Newfield 2013 Finnishing Touches Craft Fair $569 Town of Newfield 2013 Newfield Old Home Days $1,600 Village of Groton 2013 Apples, Arts and Antiques $500 Village of Lansing 2013 Migration Celebration $500 Village of Trumansburg 2013 Tru -Ulysses Winter Festival Total $1,600 $27,549 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 * * * * * * * * * * Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Brian Robison Office for the Aging Advisory Committee Jennie C. Graham - term expires December 31, 2015 Human Rights Commission Amos L. Malone - term expires December 31, 2015 Sarah Reistetter-Akiri - term expires December 31, 2015 Luis Manuel Charris - term expires December 31, 2014 Kathy Luz Herrera - term expires December 31, 2015 Traffic Safety Committee James Dennis - Public Safety Committee member; term expires December 31, 2014 Jeffrey Smith - Tompkins County Highway Director; term expires December 31, 2015 STOP -DWI Advisory Board Alex Praschma - At -large representative; term expires December 31, 2015 117 April 16, 2013 Advisory Board on Indigent Representation Leslyn McBean-Clairborne - Legislator representative; term expires December 31, 2015 Emergency Communications Review and Oversight Committee Mark Bell - Countywide Fire/EMS representative; term expires December 31, 2013 * * * * * * * * * * Government Operations Committee Resolution 2013-63: Renaming of the Old Court House as the "Governor Daniel D. Tompkins Building" (DOC ID: 4060) Carol Kammen said when the County was formed in 1817 it was named for Daniel D. Tompkins who had been the Governor of New York State four times and was considered to be the most popular man in the State. He was also the State resident who held the highest position in the Country as Vice President of the United States. He never came here but was tremendously popular in the State. She spoke to why the Legislature should name the Old Courthouse after Daniel Tompkins and said when he was Governor he signed the Bill that ended slavery in New York State. It was not a random act and was something that was a concern to him all of his life as it was a concern to all of the people who were living in the various towns that became Tompkins County. Ms. Kammen said there were 50 to 65 people who were held in slavery in 1817 when the bill passed. They didn't get emancipation until 1827 and it was such an important event for them that they did not participate in the Fourth of July celebration but held a marvelous celebration on July 5, 1827 along with a group of up to 10,000 people at Butternut Grove in the City of Ithaca. They paraded through the Town and had celebrations throughout the day. It was a special day and Daniel Tompkins signed legislation that made New York finally free of slavery. In 1940 New York State also passed an important freedom Act which meant that anyone who had been a slave and who was brought to New York State was not to be sent back into slavery. Ms. Kammen said once you reached New York soil you were a free person and this is something worth remembering. She said it is a good idea to name the Old Courthouse after Daniel Tompkins and could also be used as a way of educating people on the past. Mr. Lane said Daniel Tompkins was also Governor during the war of 1812 and there were some major battles going on in New York and it was he who organized the militia and signed for some of the personal loans to equip the militia. He also secured borders; otherwise, we would have lost a lot of New York State to Canada. Following discussion, the issue of what to include on the building plaque and public education was referred to the Capital Plan Review Committee. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Leslyn McBean-Clairborne Brian Robison WHEREAS, the Tompkins County Legislature will soon leave its Chambers in the Main Courthouse on Tioga Street that it has occupied since 1931, and will relocate to the second floor courtroom of the Old Courthouse on Court Street, and 118 April 16, 2013 WHEREAS, Tompkins County was formed by the New York State Legislature on April 7, 1817, from lands located adjacent to the southern part of Cayuga Lake, upon the condition that the residents of the area erect a Court House in Ithaca, the new County seat, and WHEREAS, in fulfillment of that condition, a wooden court house was erected on the south side of what is now Court Street, and WHEREAS, it was replaced in 1854 by the construction of the historic Gothic Revival style building, which has been known as the "Old Courthouse" since 1931, and WHEREAS, Tompkins County was named for New York State Governor Daniel D. Tompkins (1774-1825), who served as Governor from 1807 until February 24, 1817, when he left to assume the office of Vice President of the United States, and WHEREAS, in 1795 Governor Tompkins graduated first in his class from Columbia College where he was noted for writing essays on controversial topics including advocating for abolition of slavery and capital punishment. Afterwards he embarked on a career in government, serving in 1801 as Delegate to the New York State Constitutional Convention. In 1803, he was elected State Assemblyman, and in 1804 as a Congressman. Later he became a Judge of the New York State Supreme Court, and WHEREAS, as Governor during the War of 1812, Daniel D. Tompkins distinguished himself through his leadership in marshaling and funding the New York State Militia in compliance with federal directives. His decisive actions secured the northern and western frontiers of our State and the nation for future generations, and WHEREAS, Governor Tompkins is especially appreciated by the people of our State because of his leadership in sponsoring and signing into law legislation that forever abolished slavery in New York, and WHEREAS, during the 200th Anniversary of the War of 1812 it is most appropriate that the memory of Governor Tompkins be commemorated within the County that is named for him, now therefore be it RESOLVED, on recommendation of the Government Operations and the Capital Plan Review Committees, That the building known as the "Old Courthouse" that houses the new Chambers of the Tompkins County Legislature, is hereby renamed as the "Governor Daniel D. Tompkins Building" with gratitude to our former Governor, and in memory of his historic accomplishments in the service of the people of our State and County, RESOLVED, further, That this renaming shall be exempt from the standard ten-year review requirement and the Governor Daniel D. Tompkins Building shall be the permanent name of the historic former Court House. SEQR ACTION: TYPE II -20 * * * * * * * * * * Unfinished Business Resolution 2013-52: Adoption of Local Law No. 2 of 2013 — Amending Chapter 32 - Code of Ethics (DOC ID: 3903) It was MOVED by Ms. Pryor, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to lift Resolution No. 52 of 2013 from the Table. It was MOVED by Mr. Stein, seconded by Ms. Herrera, to Postpone action on the resolution to 119 April 16, 2013 the June 18, 2013, Legislature meeting and asked Ms. Pryor to explain the reason for this motion which he agrees with. It was MOVED by Ms. Kiefer to postpone to May 21' to allow department heads to be consulted with. MOTION FAILED DUE TO LACK OF A SECOND. It was MOVED by Mr. Lane, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes - 10: Noes - 4 (Legislators Chock, Kiefer, Mackesey, and Proto); Excused - 1 (Robison). The Question was Called. A voice vote on the motion to Postpone to June 18, 2013, resulted as follows: Ayes - 10, Noes - 4 (Legislators Chock, Kiefer, McKenna, and Proto); Excused - 1 (Legislator Robison). MOTION CARRIED. Ms. Herrera noted her concern that staff is already doing more with less and expressed concern over imposing something with such a short deadline. Ms. Robertson said Ms. Pryor, Mr. Mareane, Mr. Wood, and Ms. Younger will decide what method is appropriate for getting input from staff and will communicate to the Legislature what the staff input is. Mr. Proto asked Mr. Mareane to request that the Personnel Commissioner report back to the Legislature on what the Department will do in terms of education. RESULT: DEFERRED Next: 6/18/2013 5:30 PM WHEREAS, following an Ethics Audit by the New York State Comptroller in 2010, the Code of Ethics was revised and approved by the Ethics Advisory Board and the Government Operations Committee, and WHEREAS, a public hearing was held before the Tompkins County Legislature on March 19, 2013, to hear all persons interested in proposed Local Law No. 2 of 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 2 of 2013 — Amending Chapter 32 — Code of Ethics be and hereby is adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Mackesey was excused at this time. Ms. Robertson declared recess at 8:03 p.m. The meeting reconvened at 8:17 p.m. Budget, Capital, and Personnel Committee Mr. Dennis, Chair, reported the Committee will meet on April 24th. He thanked the members of the Finance Director Search Committee: Martha Robertson, Michael Lane, Dooley Kiefer, Leslyn 120 April 16, 2013 McBean-Clairborne, Brian Robison, Joe Mareane, John Saunders, Michael Stamm, and Blixy Taetzsch. He also thanked the Personnel Department and noted the work Stephen Estes, Deputy Commissioner did in organizing the search. Planning, Energy, and Environmental Quality Committee Ms. Robertson requested Ms. Chock's Committee look into a bill that would enact a moratorium on gas drilling that the Assembly had considered and any other bills that are being considered. She asked the Committee to consider bringing forward a resolution. Resolution 2013-64: Appropriation of 2013-2014 Budgets for the Ithaca -Tompkins County Transportation Council (DOC ID: 4078) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Will Burbank, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Pamela Mackesey, Brian Robison 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 2013 -2014 fiscal year, beginning April 1, 2013, and ending March 31, 2014, in the amounts of $287,229 from the Federal Highway Administration (FHWA), and $38,772 from the Federal Transit Administration (FTA), and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 2013-01, APPROVAL OF THE 2013-2014 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, Energy 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 2013 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2013, through March 31, 2014. SEQR ACTION: TYPE II -20 121 April 16, 2013 Attachment A: 2013-2014 ITCTC Operating Budget CODEDESCRIPTION2013-2014 FHWA2013-2014 FTA2013-2014 TOTAL REVENUES: .4959 FEDERAL AID $287,229 $38,772 $326,001 EXPENSES: COMBINED SALARIES 174,734 22,968 197,702 .8800 FRINGE 97,923 12,976 110,899 .2206 COMPUTER EQUIPMENT 0 0 0 .2210 OTHER EQUIPMENT 0 0 0 .2214 FURNITURE & FIXTURES 300 200 500 .2230 COMPUTER SOFTWARE 300 200 500 .4303 OFFICE SUPPLIES 200 0 200 .4330 PRINTING 362 0 362 .4332 BOOKS/PUBLICATIO NS 300 0 300 .4342 FOOD 200 0 200 .4400 PROGRAM EXPENSE 0 0 0 .4402 LEGAL ADVERTISING 1,500 0 1,500 .4412 TRAVEL/TRAINING 1,000 0 1,000 .4414 LOCAL MILAGE 1,000 178 1,178 .4416 PROFESSIONAL DUES 910 0 910 .4424 EQUIPMENT RENTAL 2,000 1,500 3,500 .4425 SERVICE CONTRACTS 1,000 0 1,000 .4432 RENT 1,000 0 1,000 .4442 PROFESSIONAL SERVICE FEES 1,500 0 1,500 .4452 POSTAGE SERVICES 1,000 250 1,250 .4472 TELEPHONE 1,000 250 1,250 .4618 INTERDEPARTMENT AL CHARGE 1,000 250 1,250 TOTAL EXPENSES $287,229 $38,772 $326,001 * * * * * * * * * * 122 April 16, 2013 Resolution 2013-65: Affirming Ithaca -Tompkins County Transportation Council (ITCTC) Recommendation to Increase the ITCTC Staff Director's Salary (DOC ID: 4076) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Pamela Mackesey, Brian Robison WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca - Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that ".....staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by the Council [with] staffing plan, staff qualifications and salary schedule established by the council", and WHEREAS, Board Resolution No. 99 of 1993 "Clarification of Employment Status - Position of Ithaca -Tompkins County Transportation Council Planning Director" stated the following: "...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives", and WHEREAS, on March 14, 2000, the Director's salary was modified by ITCTC Resolution 2000- 01 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 - Affirming Ithaca -Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC Planning Director's salary above the salary range, and WHEREAS, on March 5, 2013, the ITCTC passed Resolution 2013-03 to adjust the salary of the Staff Director, retroactive to January 1, 2013, by 2%, and WHEREAS, in keeping with the County's requirement that salaries established above the salary range be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature affirm the 2% increase of the salary for the Ithaca - Tompkins County Transportation County Planning Director to a total of $80,360, effective retroactively to January 1, 2013, as approved by the Ithaca -Tompkins County Transportation Council. SEQR ACTION: TYPE II -20 * * * * * * * * * * Broadband Committee Mr. Proto asked if it would be possible to work on a news item and said many towns have newsletters in their communities and there may be an opportunity to get information in the newsletter. It 123 April 16, 2013 was also noted that people can contact Clarity Connect by phone. Ms. Robertson asked that a press release also include the Clarity Connect phone number. Mrs. McBean-Clairborne suggested placing paper forms in public areas such as libraries. Ms. Pryor said she would follow up to see that this happens. Minutes of Previous Meeting 4/2/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Peter Stein, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Carol Chock, Dooley Kiefer Pamela Mackesey, Brian Robison Adi ournment On motion the meeting adjourned at 9:12 p.m. 124 May 7, 2013 Regular Meeting Call to Order Chair 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_ Departed Will Burbank Member Present Carol Chock Member Present _ James Dennis Member Excused Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey ember Present 9:34 PM 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 Present Peter Stein Member Present Presentation of Proclamations Ms. Robertson presented the following presentations: - Independent Living Week - May 12-18, 2013 - School Nurse Day - May 8, 2013 - One Day in Ithaca and Tompkins County - May 17, 2013 (Elissa Cogan and Carol Kammen accepted the proclamation) ********** Privilege of the Floor from the Public Diane Dawson, Lifelong, submitted the following statement: "Good evening. I am Diane Dawson, Chief Executive Officer of the Tompkins County Senior Citizens' Council, Inc. (dba Lifelong). I appreciate your time this evening to allow me to speak briefly about our success and hopes for the future. "The month of May is "Older Americans Month" and the U.S. Department of Health and Human Services theme for this month is "Unleash the Power of Age." I cannot think of a more appropriate theme! The power that I witness day in and day out at Lifelong to create positive change in our community through volunteering and through programs which allow us to age well with health and dignity are nothing short of amazing! This is the difference that Lifelong has made in our County for 125 May 7, 2013 over 60 years. Our track record is proven and your support has been our primary source of encouragement and strength. "Our seven primary programs at Lifelong are: Lifelong Learning - Retired professors teach college -level classes during the fall and spring "semesters." No tests! Lifelong Activities - These programs range from fitness classes such as Enhance Fitness, Tai Chi, Yoga, dancing and strength training offered at Lifelong and at McGraw House, St. Catherine's, Titus Towers, and in Dryden, Lansing, Newfield and Trumansburg. Also we have a watercolor class, clay class, Senior Theatre Troupe, and Senior Chorus, among other programs. Retired Senior and Volunteer Program - RSVP is part of the Senior Corps started by President Kennedy. Currently over 400 RSVP volunteers serve over 50 not -for -profits in Tompkins County. Service includes food pantries, blood drives, flu clinics, school and library service, Gadabout, health insurance and income tax counseling. RSVP has been part of Lifelong for 35 years. Northside -Southside Program - Serves the needs of our multi -cultural communities with close collaboration with GIAC and Southside Community Center, among others. Countywide: These programs include our travel program of local, domestic and international travel, Ladies Senior Social golf, Borg-Warner swim program, coordination of Community Senior Groups Officers meetings, local walks, etc. HIICAP: Health Insurance Counseling and Assistance Program. The Coordinator and 8 volunteers work with COFA to provide free Medicare counseling. Eight Lifelong volunteers, certified by NYSOFA, gave 382 hours of service in 2012 to assist 353 clients. Tax Counseling for the Elderly: In 2013, 20 IRS certified volunteers processed 719 Federal and State income tax returns to help return these resources to the local economy. "We thank you for your County leadership and support. Please come to the Lifelong Annual meeting at noon on May 16 at the Ramada Inn. We will be grateful to have you there. Please confirm your reservation with us by May 9. Thank you!" Dammi Herrath, Women's Opportunity Center, said she has been with the Women's Opportunity Center for 30 years and has helped over 15,000 women and more than one-third of them found jobs. The Center helps women under poverty to become job ready by going through individual counseling and giving them the necessary tools to be successful at a workplace. She spoke briefly about the poverty some of these women experience and said she was surprised to see it in this country. She said the Center helps one individual at a time. Fay Gougakis, City of Ithaca resident, announced there will be an event "A Taste of Greece" held on May 11`h at the St. Catherine Greek Orthodox Church. She also spoke about a news story she watched recently about hydrofracking in Poland and commented how this issue is also happening in other parts of the world not just locally. She also referenced another news story she watched recently concerning oil being brought to the United States. She said as discussions are being held locally, we need to be mindful of other oils or other energy being used that is coming back to the United States. This particular news story was about Ecuador and how their government wants to deforest 8 million acres that will destroy the lives of two tribes. She urged Legislators to learn more about this story as it very much upsets her. Budget, Capital, and Personnel Committee Resolution 2013-66: Authorizing the Issuance of Up to $470,000 Serial Bonds and Notes of the County of Tompkins, New York to Pay a Portion of the Cost of a Voice -Over - Internet Protocol (VoIP) Telephone System (DOC ID: 4150) This resolution was adopted by a roll call vote. 126 May 7, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Nathan Shinagawa, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis 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 project (the "Project") consisting of acquisition and implementation of voice-over-internet protocol (VoIP) telephone system network and switch technology throughout various County -owned buildings, 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 as follows: Section 1. That the Project constitutes a Type II Action pursuant to Part 617.5(c) (25) of the Regulations and as such is not subject to review under SEQRA. Section 2. That 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 $470,000 serial bond of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Undertaking the Project is hereby approved. Section 3. That the maximum estimated cost of the aforesaid class of objects or purposes is $470,000 and that the plan for the financing thereof is by the issuance of up to $470,000, or such amount less than $470,000 as may be necessary, of serial bonds authorized 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, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. That the period of probable usefulness of the aforesaid class of objects or purposes is 5 years under subdivision 32 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 not exceed five years. Section 5. That 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 127 May 7, 2013 in such manner, as may be prescribed by said County Director of Finance, consistent with the provisions of the Local Finance Law. Section 6. That 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. That 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. That the powers and duties of advertising such bonds for sale, conducting the sale, and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 9. That 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. That 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 128 May 7, 2013 permanent funding of the objects or purposes described herein. Section 11. That 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. That 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 2013-67: Authorizing the Issuance of Up to $4,350,000 Serial Bonds and Notes of the County of Tompkins, New York to Pay to Pay a Portion of the Cost of Road and Highway System Reconstruction and Improvements at Various Locations Throughout the County (DOC ID: 4151) This resolution was adopted by a roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Nathan Shinagawa, Member SECONDER: Brian Robison, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis 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 repaving certain existing roads and highways at various locations throughout the County not involving the addition of new travel lanes, 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 129 May 7, 2013 of said County Legislature) determines as follows: Section 1. That the Project constitutes a Type II Action pursuant to Part 617.5(c) (4) of the Regulations and as such is not subject to review under SEQRA. Section 2. That 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 $4,350,000 serial bond of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Undertaking the Project is hereby approved. Section 3. That the maximum estimated cost of the aforesaid class of objects or purposes is $4,350,000 and that the plan for the financing thereof is by the issuance of up to $4,350,000, or such amount less than $4,350,000 as may be necessary, of serial bonds authorized 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, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. That the period of probable usefulness of the aforesaid class of objects or purposes is ten years under subdivision 20(b) 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. That 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. That 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 011 such bonds as the same become due and payable. Section 7. That 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. That the powers and duties of advertising such bonds for sale, conducting the sale, and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 9. That all other matters, except as provided herein relating to such bonds including 130 May 7, 2013 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. That 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. only if: Section 11. That the validity of such bonds and bond anticipation notes may be contested 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. That 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 2013-68: Authorizing the Issuance of Up to $1,650,000 Serial Bonds and Notes of the County of Tompkins, New York to Pay to Pay a Portion of the Cost of Repairing and/or Replacing Certain Existing Bridges Located Within the County (DOC ID: 4153) 131 May 7, 2013 This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Nathan Shinagawa, Member Kathy Luz Herrera, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis 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 repairing and/or replacing certain existing bridges located within the County, and WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, 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 as follows: Section 1. That the Project constitutes a Type II Action pursuant to Part 617.5(c) (2) of the Regulations and as such is not subject to review under SEQRA. Section 2. That 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 $1,650,000 serial bond of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Undertaking the Project is hereby approved. Section 3. That the maximum estimated cost of the aforesaid class of objects or purposes is $1,650,000 and that the plan for the financing thereof is by the issuance of up to $1,650,000, or such amount less than $1,650,000 as may be necessary, of serial bonds authorized 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, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. That the period of probable usefulness of the aforesaid class of objects or purposes is twenty years under subdivision 10 of paragraph a. of Section 11.00 of the Local Finance Law. 132 May 7, 2013 It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. That 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. That 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. That 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. That the powers and duties of advertising such bonds for sale, conducting the sale, and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 9. That 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. That 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 133 May 7, 2013 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. only if: Section 11. That the validity of such bonds and bond anticipation notes may be contested 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. That this resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE I1-20 ********** Resolution 2013-69: Deletion of Administrative Policy - 02-03 - Required Physical (DOC ID: 4099) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Nathan Shinagawa, Member Kathy Luz Herrera, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, we no longer require a physical exam prior to appointments unless required by law, a separate Administrative Policy is no longer necessary, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel and the Government Operations Committees, That the following Administrative Policy is hereby deleted: 02-03 Required Physical SEQR ACTION: TYPE II -20 Recess ********** Ms. Robertson declared recess at 7:28 p.m. The meeting reconvened at 7:41 p.m. 134 May 7, 2013 Facilities and Infrastructure Committee Resolution 2013-70: Adopting Policy No. 01-47 - Green Building (DOC ID: 3462) It was MOVED by Mr. Lane, seconded by Mr. Proto, to change the amount defined as a Major Project from $500,000 to $1 million. It was MOVED by Mr. Lane, seconded by Mr. Proto, to Call the Question. A voice vote resulted as follows: Ayes - 12; Noes - 2 (Legislators Chock and Kiefer); Excused - 1 (Legislator Dennis). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment to change the amount from $500,000 to $1 million. Ayes - 5 (Legislators Lane, Proto, Pryor, Robison, and Shinagawa); Noes - 10 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, McBean-Clairborne, McKenna, Robertson, and Stein); Excused - 1 (Legislator Dennis). MOTION FAILED. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to strike the following section from the policy: b) A covered project does not have to meet the LEED Silver standard where the construction cost of the project is expected to total less than $500,000, although it may do so, and: i) The covered public improvements necessary for the project involve only the renovation or rehabilitation of a portion of an existing building, or ii) The improvements necessary are for the expansion of an existing building. Ms. Kiefer explained for the record the reason she will be voting against the resolution and policy. She believes that in the General Information section of the policy it should acknowledge that there are other standards out there other than LEED and at the moment the County is only acknowledging LEED because that was what was well known when the energy element of the Comprehensive Plan was written. It does state in the policy that if Mr. LeMaro determines that LEED is not appropriate, he can set other green building standards for a project. As long as it is not disclosed that there are others, she will vote against this policy. It was MOVED by Mr. Proto, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows: Ayes - 10 (Legislators Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes - 4 (Legislators Burbank, Chock, Kiefer, and Mackesey); Excused - 1 (Legislator Dennis). THE QUESTION WAS CALLED. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Peter Stein, Member Pat Pryor, Member Burbank, Chock, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer James Dennis WHEREAS, it is the policy of the Tompkins County Legislature to have a manual of Legislative policies and administrative procedures that govern the functioning of the County organization, and to ensure that policies are up to date, and 135 May 7, 2013 WHEREAS, Policy No. 01-47: Green Building has been written to implement an action of the Energy and Greenhouse Gas Emissions element of the County Comprehensive Plan, adopted by the Legislature in 2008, and WHEREAS, the Commissioner of Planning and the Director of Facilities have participated in developing the policy content, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality, the Facilities and Infrastructure, and the Government Operations Committees, That the Policy No. 01-47: Green Building is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Planning, Energy, and Environmental Quality Committee Resolution 2013-71: In Favor of Legislation Establishing a Ban or Moratorium on High -Volume Horizontal Hydraulic Fracturing in New York State and Restarting the Environmental Review Process Due to Conflicts of Interest (DOC ID: 4147) It was MOVED by Mr. Burbank, seconded by Mr. Proto, to amend the resolution and add the following Whereas to the resolution as the fourth Whereas: "WHEREAS, the New York State Association of Counties (NYSAC) raised concerns that costs to local governments and communities would become an unfunded mandate, following testimony by Commissioner Joseph Martens about the Ecology and Environment report at the DEC Legislative budget hearing on February 4, 2013, and" It was MOVED by Ms. Kiefer, to amend the amendment to read as follows: "WHEREAS, the concern about costs to local governments and communities was raised again by the New York State Association of Counties (NYSAC) which following DEC Commissioner Joe Martens failure to answer legislators' questions about the insufficiency of the Ecology and Environmental report at the previous day's budget hearing said: "As counties continue to struggle with mandates under the tax cap, we are concerned about a potential new mandate: fracking. In Monday's budget testimony, the Commissioner of Environmental Conservation said there will be an impact on local governments, but insisted the costs could not be analyzed because we haven't yet had hydrofracking in New York. Will counties be left holding the bag? We call on the State to analyze the costs before drilling starts; counties need to know what we're getting into and how fracking will impact our budgets." And" As there was no second, MOTION FAILED FOR LACK OF A SECOND. It was MOVED by Mr. Stein, seconded by Mr. Lane, to call the question. A voice vote resulted as follows: Ayes - 9 (Legislators Burbank, Lane, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes - 5 (Legislators Chock, Herrera, Kiefer, Mackesey, and Proto); Excused - 1 (Legislator Dennis). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes - 9 (Legislators Burbank, Chock, Herrera, Lane, McBean-Clairborne, Pryor, Robertson, Shinagawa, and Stein); Noes - 5 (Legislators Kiefer, Mackesey, McKenna, Proto, and Robison); Excused - 1 (Legislator Dennis). AMENDMENT CARRIED. 136 May 7, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Carol Chock, Member Dooley Kiefer, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Brian Robison James Dennis WHEREAS, it has recently been revealed that several consultants employed by the New York State Department of Environmental Conservation (NYSDEC) in the development of the Supplemental Generic Environmental Impact Statement on the Oil, Gas, and Solution Mining Regulatory Program: Well Permit Issuance for Horizontal Drilling And High -Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low -Permeability Gas Reservoirs (SGEIS) appear to have a conflict of interest due to their being listed as a member by the Independent Oil and Gas Alliance of New York, the leading advocacy group in favor of permitting gas extraction in New York using high-volume hydraulic fracturing (fracking), and WHEREAS, the process of developing the SGEIS is fatally flawed due to these conflicts, and WHEREAS, Ecology and Environment, Inc., one of the companies that was listed by IOGA as a member during the time it consulted for the DEC, which thereby appears to have a conflict of interest, wrote the only report for the SGEIS on socioeconomic impacts of fracking and that report has received wide criticism including from professional economists for its lack of balanced and comprehensive analysis of both the benefits and costs to communities that would result from fracking, and WHEREAS, the New York State Association of Counties (NYSAC) raised concerns that costs to local governments and communities would become an unfunded mandate, following testimony by Commissioner Joseph Martens about the Ecology and Environment report at the DEC Legislative budget hearing on February 4, 2013, and WHEREAS, Tompkins County has adopted Resolutions No. 67 of 2010, 215 of 2011, and 245 of 2011 recommending a statewide ban and/or moratorium on the development of natural gas by fracking, including comments on the inadequacy of the socioeconomic analysis, and WHEREAS, a bill has been introduced in the State Legislature to ban fracking (A1685/S673), and WHEREAS, a bill has also been introduced in the State Legislature to place a moratorium on fracking for a period of two years (A5424a/S04236A), and A5424a has passed the Assembly with a veto - proof margin, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature calls upon the Governor and the State Legislature to enact A 1 685/S673 to ban high-volume hydraulic fracturing for natural gas in New York State, RESOLVED, further, That in the absence of a ban A5424a/S04236A be enacted to place a two year moratorium on high-volume horizontal hydraulic fracturing in New York State, RESOLVED, further, That due to the recently revealed appearance of conflict of interest the current SGEIS process is fatally flawed and should be terminated and restarted from the beginning, 137 May 7, 2013 RESOLVED, further, That in particular the Department of Environmental Conservation should conduct an independent, comprehensive study as part of a new SGEIS process of the costs - as well as the benefits - of fracking to local governments and local communities, as required by SEQRA law. RESOLVED, further, That copies of this resolution shall be sent to Director Bradley J. Field of the New York State Department of Environmental Conservation Division of Mineral Resources, Governor Andrew Cuomo, NYSDEC Commissioner Joe Martens, New York State Department of Environmental Conservation Executive Deputy Commissioner Marc S. Gerstman, Chair of the Senate Committee on Environmental Conservation Mark Grisanti, Chair of the Senate Committee on Energy and Telecommunications George D. Maziarz, Senate Majority Leader Dean Skelos, Deputy Republican Conference Leader for Legislative Operations Thomas W. Libous, Democratic Leader Andrea Stewart - Cousins, Deputy Democratic Leader Michael Gianaris, Independent Democratic Conference Leader Jeffrey Klein, Deputy Independent Democratic Conference Leader for Legislative Operations David J. Valesky, New York State Senators James Seward, Michael Nozzolio, Thomas O'Mara, Liz Krueger, Bill Perkins, New York State Assembly Speaker Sheldon Silver, Assembly Majority Leader Joseph Morelle, Assembly Minority Leader Brian Kolb, Chair of the Assembly Committee on Environmental Conservation Robert Sweeney, Chair of the Assembly Energy Committee Amy Paulin, Assemblywoman Barbara Lifton, Attorney General Eric Schneiderman, United States Senate Committee on Energy and Natural Resources Chair Ron Wyden, 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 Tom Reed and Richard Hanna, and the New York State Association of Counties, the New York Association of Towns, and the New York Conference of Mayors. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Report from the Finance Director Ms. Chock asked if a list of foreclosed properties could be provided. 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: MOVER: SECONDER: AYES: EXCUSED: ADOPTED BY CONSENT [UNANIMOUS] Frank Proto, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis Resolution 2013-72: Award of 2013 Tourism Capital Grants - Tompkins County Area Development (TCAD) (DOC ID: 4137) WHEREAS, the Tompkins County Tourism Program includes Tourism Capital Grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants program, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism capital projects, and providing oversight for tourism capital projects, and 138 May 7, 2013 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 recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That following Tourism Capital Grants be awarded in 2013: Applicant Award CSMA: 3rd Floor performance space Feasibility Study $8,000 (2013) Hangar Theatre: Hangar for All Seasons Phase 2 Feasibility Study $5,000 (2013) History Center: Feasibility of partnership with IAHF/Tommy $7,500 (2013) History Center: Feasibility of partnering with Ithaca Motion Picture Project $7,500 (2013) Sciencenter: prototyping of Galaxy Golf Feasibility Study $12,500 (2013) Museum of the Earth 10th Anniversary Museum Enhancements $12,000 (2013) $20,000 (2014) State Theatre bathroom expansion and renovation $12,000 (2013) 10,000 (2014) 20,000 (2015) Stewart Park Rehabilitation Phase 1 Building Improvements $20,500 (2013) 10,000 (2016) 15,000 (2014) 25,000 (2015) RESOLVED, further, That TCAD is paid an amount up to $13,783 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: CSMA: Type II -21 Hangar Theatre: Type II - 21 History Center/Tommy: Type II - 21 History Center/IMPP: Type II -21 Sciencenter: Type II - 21 Museum of the Earth: Type II - 1 and Type II - 7 State Theatre: Type II - 1 Stewart Park: Type II - 1 * * * * * * * * * * Appointments Approved Under the Consent Agenda 139 May 7, 2013 RESULT: ADOPTED BY CONSENT [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis Fish and Wildlife Management Board Paul Tatar - Property Owner representative; term expires December 31, 2014 Environmental Management Council Vladimir Micic - Town of Ithaca representative; term expires December 31, 2014 Tompkins County Youth Services Board Kathy Gehring - Town of Dryden representative; term expires December 31, 2015 Patricia O'Rourke - Village of Lansing; term expires December 31, 2015 * * * * * * * * * * Public Safety Committee Resolution 2013-73: Appropriation from Contingent Fund - Terminal Pay - Department of Probation and Community Justice (DOC ID: 4053) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Robison, Member SECONDER: Peter Stein, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis WHEREAS, in the Department of Probation and Community Justice, a Senior Probation Officer retired on March 1, 2013, 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 2013: FROM: A1990.54400 Contingent Fund $26,636 TO: A3141.51000597 Senior Probation Officer $16,710 A3141.58800 Fringes $ 9,926 SEQR ACTION: TYPE I1-20 * * * * * * * * * * 140 May 7, 2013 Budget, Capital, and Personnel Committee Resolution 2013-74: Rescission of Resolution No. 19 of 2011 and Endorsement of Legislative Bills S3174-2011 and A4697-2011 Authorizing a $0.25 Per $100 Mortgage Recording Tax on Obligations Secured by a Mortgage on Real Property (DOC ID: 4136) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Nathan Shinagawa, Member Brian Robison, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, Tompkins County Resolution No. 185 of 2009 requested the New York State Legislature to introduce legislation authorizing the County to impose a $0.25 per $100 Mortgage Recording Tax on obligations secured by a mortgage on real property, with the proceeds of the tax provided to the County for general purposes, and WHEREAS, Resolution No. 19 of 2011 endorsed New York State Legislation Bills S03174 and A4697 providing such authorization to the County, and WHEREAS, S03174 and A4697 were not approved by the State Legislature, rendering moot County Resolution No. 19 of 2011, and WHEREAS, the County Legislature subsequently considered a different component of the Mortgage Recording Tax called the "Additional Mortgage Recording Tax" that is distinct from other components of the Mortgage Recording Tax in that it can be implemented by resolution of the County Legislature, but requires State authorization to dedicate the proceeds of the tax, and WHEREAS, the Legislature's consideration of the Additional Mortgage Recording Tax was in contemplation of its abandonment of all earlier requests to the State regarding increases in the Mortgage Recording Tax, and WHEREAS, by Resolution No. 272 of 2012, the County Legislature did request State legislation to authorize the dedication of an "Additional Mortgage Recording Tax" for mass transportation, and WHEREAS, such legislation has been introduced in the New York State Senate (S4661) and Assembly (A6682), and WHEREAS, the County Legislature wishes to make it clear that its support of S4661 and A4482 is its sole and exclusive request regarding changes in the Mortgage Recording Tax, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Resolution No. 19 of 2011 be rescinded. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-75: Supporting S4661/A6682 - an Act to Amend the Tax Law in Relation to the Mortgage Recording Tax in the County of Tompkins (DOC ID: 4135) 141 May 7, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Nathan Shinagawa, Member Pamela Mackesey, Member Burbank, Chock, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer James Dennis WHEREAS, Tompkins County currently has the authority to impose the "Additional Tax" element of the Mortgage Recording tax, and WHEREAS, the County wishes to dedicate the proceeds of that tax to support mass transportation, providing the Tompkins Consolidated Area Transit, Inc., a source of revenue that is available to other major transit operations in New York State and that will contribute to the long-term viability of public transit in Tompkins County, and WHEREAS, the dedication of such revenue requires authorization by New York State, and WHEREAS, by Resolution 2012-272, after a period of careful review, the Tompkins County Legislature requested State 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, and WHEREAS, such legislation has been introduced in the New York State Senate (S-4661) and in the New York State Assembly (A-6682), 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 S -4661/A-6682 to amend the tax law, RESOLVED, further, That the Clerk of the Legislature shall forward this resolution to Senators Thomas O'Mara, James Seward, Michael Nozzolio, Andrea Stewart -Cousins, Dean Skelos, and Jeffrey Klein, Assemblywoman Barbara Lifton, the Senate Majority Leader, the Speaker of the Assembly, and the Governor. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-76: Resolution in Support of H.R. 510/S.296 — Uniting American Families Act of 2013 (DOC ID: 4124) MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to approve the following resolution as adopted by the Budget, Capital, and Personnel Committee: "WHEREAS, under current U.S. immigration law, a U.S. citizen or legal permanent resident is permitted to sponsor his or her spouse, child, or parent for permanent resident status, and "WHEREAS, U.S. citizens and legal permanent residents are not permitted to sponsor their same -gender partners for permanent resident status, and 142 May 7, 2013 "WHEREAS, twenty-five other countries allow their citizens to sponsor their same -gender partners in the immigration process, and "WHEREAS, there are approximately 36,000 bi-national, same - gender families in the U.S., and "WHEREAS, 35% of male bi-national couples and 39% of female bi-national couples are raising more than 17,000 children, and "WHEREAS, due to the inability of U.S. citizens and legal permanent residents to sponsor their same -gender partners, they can be forced to live abroad, thus uprooting their children, disrupting their careers, and breaking ties with their families, communities, and places of worship, and "WHEREAS Americans espouse a belief that we are and should be "one nation, under God, indivisible, with liberty and justice for all, and "WHEREAS, current immigration law does not provide for equal justice for gay and lesbian citizens and legal permanent residents, 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 calls upon President Obama to support and to press for passage of H.R. 519/S.296 - Uniting American Families Act of 2013 and call upon our elected officials in Congress to press for passage of the same and to enact inclusive, comprehensive immigration reform legislation that ends long-standing discrimination against gay, lesbian, bisexual, and transgender immigrant families by including the Uniting American Families Act of 2013, "RESOLVED, further, That copies of this resolution be sent to the appropriate Congressional representatives, Committee Chairs, and our State representatives. SEQR ACTION: TYPE I1-20" It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the substitute resolution. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Leslyn McBean-Clairborne, Member Kathy Luz Herrera, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, under current U.S. immigration law, a U.S. citizen or legal permanent resident is permitted to sponsor his or her spouse, child, or parent for permanent resident status, and 143 May 7, 2013 WHEREAS, U.S. citizens and legal permanent residents are not permitted to sponsor their same - gender partners for permanent resident status, and WHEREAS, twenty-five other countries allow their citizens to sponsor their same -gender partners in the immigration process, and WHEREAS, due to the inability of U.S. citizens and legal permanent residents to sponsor their same -gender partners, they can be forced to live abroad, thus uprooting their children, disrupting their careers, and breaking ties with their families, communities, and places of worship, and WHEREAS, current immigration law does not provide for equal justice for gay and lesbian citizens and legal permanent residents, 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 (1) calls upon President Obama to support and to press for passage of H.R. 519/S. 296 - Uniting American Families Act of 2013, (2) thanks Senators Schumer and Gillibrand and Congressman Hanna for co -sponsoring this legislation, and (3) calls upon our elected officials in Congress to ensure that the principles summarized in the Uniting American Families Act of 2013 that ends long-standing discrimination against gay, lesbian, bisexual, and transgender immigrant families are included in any comprehensive immigration reform legislation that is adopted, RESOLVED, further, That copies of this resolution be sent to President Obama and the appropriate Congressional representatives, Committee Chairs, and our State representatives. SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting Recess 4/16/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Frank Proto, Member Pat Pryor, Member Burbank, Luz Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer James Dennis, Pamela Mackesey Ms. Robertson declared recess at 9:35 p.m. The meeting reconvened at 9:45 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Mr. Stein, and unanimously adopted by voice vote by members present, to hold an executive session to discuss personnel matters. An executive session was held at 9:45 p.m. and returned to open session at 10:50 p.m. Adjournment The meeting adjourned at 10:50 p.m. 144 May 21, 2013 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 Departed , Will Burbank Member resent Carol Chock Member Present James Dennis Member Present 8:49 PM Kathy Luz Herrera Member Present 6:05 PM Dooley Kiefer Member Present 7:50 PM Michael Lane Vice Chair Present Pamela Mackesey Member Present 7:50 PM Leslyn McBean-Clairborne Member Present 6:48 PM David McKenna Member Present 6:03 PM Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Excused Peter Stein Member Present 7:32 PM Presentation of Proclamations Ms. Robertson presented the following proclamations: - Older Americans Month in Tompkins County to Lisa Holmes, Director, Office for the Aging; and - Community Action Month in Tompkins County to Lee Dillon, Executive Director of Tompkins Community Action; and - Mental Health Awareness Month in Tompkins County to Catherine Wedge of the Tompkins County Mental Health Association Privilege of the Floor by the Public David Smith, Tompkins Learning Partners, thanked the Legislature for its support of the organization that primarily serves adults who are born in the United States and who for some reason did not learn to read or write. They also serve immigrants from other countries who need to learn to read, write, and speak English. They are also collaborating with Catholic Charities in helping individuals become United States citizens. Mr. Smith said this work makes a difference in many lives and helps people become more fully functioning people in the County. He also noted the Agency has approximately 100 volunteers who tutor or work with small groups. He invited Legislators to visit their new facility over the summer. Brian Zapf, Alternatives Federal Credit Union, provided an update of the VITA (Volunteer 145 May 21, 2013 Income Tax Assistance) Program that is administered by Alternatives Federal Credit Union. He reported they prepare income tax returns for free for anyone earning less than $51,000 in the County. They do this because there are a lot of programs that are run through the tax system and many of them are beneficial for those who are in need. The average annual adjusted income of the people they serve is under $17,000. He said they just completed another season and had over 60 volunteers who put in over 1,900 hours preparing over 1,800 returns. They have satellite sites in Groton, Dryden, and Brooktondale and are looking to expand those sites and make them permanent. Mr. Zapf said they are grateful for the County's support and said they have brought in $2.3 million in refundable credits to the County; this money would not have come in if people would not have filed income tax returns. Report from a Municipal Official(s) Dan Klein, Town of Danby Board member, provided a status update on the Solarize Tompkins County program which is a volunteer organization that is helping people get solar panels on their houses. There have been a series of meetings held and to date they have 90 people who have filled out enrollment forms. One thing that has not been publicized is that a grant was received to subsidize low income households to participate in the program. He said if Legislators know people in Danby, Dryden, or Caroline who would be interested they should encourage them to fill out the enrollment form. Budget, Capital, and Personnel Committee Resolution 2013-77: Establishment of 2014 County Financial Goal (DOC ID: 4159) It was MOVED by Ms. Chock, to amend the 3.5% to 3.0% while keeping the financial goal at 4%. MOTION FAILED DUE TO LACK OF A SECOND. It was MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne, to amend the last WHEREAS to read: "WHEREAS, although based on what is known at this time, a tax levy increase of approximately 4.5% is justifiable, it is the desire of the Legislature to review a budget, inclusive of critical needs that may be identified by the County Administrator, that can be supported with a tax levy increase of no more than 4.5%, now therefore be it" and amend the third line in the last RESOVLED be amended from 4.0% to 4.5%. Mr. McKenna arrived at this time. Ms. Herrera arrived at this time. A voice vote on the amendment resulted as follows: Ayes - 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and McBean-Clairborne); Noes - 9 (Legislators Dennis, Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison, and Stein); Excused - 1 (Legislator Shinagawa). AMENDMENT FAILED. It was MOVED by Mr. Lane, seconded by Mr. Robison, to Call the Question. A voice vote on the motion to Call the Question resulted as follows: Ayes - 11, Noes - 3 (Legislators Chock, Kiefer, Mackesey). THE QUESTION WAS CALLED. A voice vote on the resolution took place at this time. 146 May 21, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 4] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Mackesey, McBean-Clairborne, Proto, Robertson, Stein Michael Lane, David McKenna, Pat Pryor, Brian Robison Nathan Shinagawa 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 2014, and WHEREAS, by Resolution 271-2012, the County Legislature adopted the 2012 Tompkins County 20 -Year Capital Plan Update that set forth a capital investment plan aimed at preserving the County's physical infrastructure and that called for an increase in County support for such infrastructure investments in each year of the plan, including a 0.75% increase in the County property tax levy in 2014 to support the 2014 capital program, and WHEREAS, as of April 30, 2013, the County Administrator estimates that a maintenance -of - effort operating budget would require a 3.21% increase in the County property tax levy that, when added to the 2014 capital program budget, would require a 3.96% increase in the County property tax levy, and WHEREAS, the County Administrator has also identified other critical needs that would require an additional 0.5% increase in the County property tax levy, which would bring the total maintenance -of - effort budget to just under 4.5%, 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 these adjustments to the County's 2013 property tax cap level resulted in a cap of 3.69% over the prior year's levy, information provided by the State that enables the calculation of the County's 2014 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 2014 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 further acknowledged that despite these cuts, the taxpayers of Tompkins County have borne significant tax increases to pay for mandates that have been beyond the county's control, and WHEREAS, although based on what is known at this time, a tax levy increase of approximately 4.5% is justifiable, it is the desire of the Legislature to review a budget, inclusive of critical needs that may be identified by the County Administrator, that can be supported with a tax levy increase of no more than 4.0%, 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 147 May 21, 2013 develop a 2014 operating and capital budget that can be supported with a 3.5% tax levy increase, RESOLVED, further, That the County Administrator is authorized to consider and include in his 2014 Recommended Budget additional items that he deems to be critical needs, provided that his total Recommended Budget not require a tax levy increase in excess of 4.0% over the 2013 levy. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-78: Establishment of Guidelines and Fiscal Targets for All County Budgeting Units for the Preparation of the 2014 Budget (DOC ID: 4176) Mrs. McBean-Clairborne was excused at 6:47 p.m. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Robertson, Robison, Stein Pat Pryor Leslyn McBean-Clairborne, Nathan Shinagawa WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over -Target Request, and changes in fiscal targets should be communicated to department heads and program directors as timely as possible in order for them to submit their 2014 budget requests to the County Administrator by July 19, 2013, and WHEREAS, these 2014 fiscal targets are related to the fiscal goals, established by the Legislature on May 21, 2013, that direct the County Administrator to establish fiscal targets based on a 4% increase to the property tax levy, which include a maintenance of effort budget, the capital program component, and additional high priority needs, and WHEREAS, the Tompkins County Legislature wishes to establish targets in order for departments and agencies to submit their 2014 budget requests, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That fiscal targets for all budgeting units for preparation of the 2014 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets shall be equal to the amount approved in the 2013 adopted budget, not including one-time funding nor any funds re -appropriated from prior years. 2. For all County departments, fiscal targets shall be equal to the fiscal target approved in the 2013 adopted budget, plus the 2014 negotiated salary increase for the department's bargaining units including management and confidential, and the increase in fringe benefit costs, minus a local departmental reduction of .5%. 3. 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. 148 SEQR ACTION: TYPE II -20 May 21, 2013 ********** Resolution 2013-79: Authorizing a Public Hearing on Proposed Local Law No. B of 2013 - a Local Law Overriding Tax Levy Limit for 2014 (DOC ID: 4173) It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to add the following Whereases after the first Whereas: "Whereas, information from New York State that enables the calculation of the County's 2014 Property Tax Cap is not available until late summer, and Whereas, in the event the County's annual tax levy exceeds the allowable tax levy limit due to clerical or technical errors, New York State has the authority to penalize our County unless we have already formally given ourselves permission to exceed the tax cap". A voice vote on the amendment resulted as follows: Ayes - 11, Noes - 2 (Legislators Herrera and McKenna); Excused - 2 (McBean-Clairborne and Shinagawa). MOTION CARRIED. A voice vote on the resolution took place at this time. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [10 TO 3] James Dennis, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison Kathy Luz Herrera, Pamela Mackesey, Peter Stein Leslyn McBean-Clairborne, 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, information from New York State that enables calculation of the County's 2014 property tax cap is not available until late summer, and WHEREAS, in the event the County's annual tax levy exceeds the allowable tax levy limit due to clerical or technical errors, New York State has the authority to penalize our County unless we have already formally given ourselves permission to exceed the tax 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 4, 2013, at 5:30 p.m. thereof concerning proposed Local Law No. b of 2013 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2014. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * 149 May 21, 2013 Capital Plan Review Committee Mr. Stein was excused at 7:32 p.m. Resolution 2013-80: Accepting the Center of Government Project Business Case Analysis Prepared by HOLT Architects and Extending Thanks to All who Contributed to the Report (DOC ID: 4115) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Michael Lane, Vice Chair Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison Leslyn McBean-Clairborne, Nathan Shinagawa, Peter Stein WHEREAS, responding to forces that included the New York State Office of Court Administration's (OCA) interest in additional space as well as a recognition of costly inefficiency of some of the County's buildings, the Tompkins County Legislature commissioned a Space Use Master Plan in 2005 by LaBella Associates that concluded with a concept of a Center of Government facility housing a number of County legislative and administrative operations, and WHEREAS, in response to the Space Use Master Plan, a Center of Government project was incorporated into the County's 20 -year, 2006-2025,Capital Improvement Plan for development in 2016, and WHEREAS, although the County's most urgent space need was addressed in the development of the new Health Department facility on Brown Road, heightened pressure by the OCA for additional court - related space in the Main Courthouse, the looming 2016 commencement date of the Center of Government project, and the post -recession premium placed on optimal efficiency and effectiveness of every County operation, including its physical facilities resulted in the Legislature's decision to commission a "business -case analysis" intended to determine the cost effectiveness of a Center of Government facility, and WHEREAS, by Resolution 2010-117, the Legislature acknowledged the desirability of vacating the Old Library before major repairs and renovations were required, and directed staff to investigate alternative locations for the Records Center and the Community Justice Center, for both short-term and long-term relocation, and WHEREAS, by Resolutions 2010-221 and 2011-68, the Legislature authorized a contract with HOLT Architects to undertake an expert analysis that would compare the current configuration and projected long-term costs of occupancy of County operations housed in both County -owned and leased facilities located in downtown Ithaca with the estimated long-term cost of housing all or a part of those operations in a new Center of Government facility, and to recommend the most cost-effective manner to accommodate the County's space needs, and WHEREAS, HOLT Architects engaged the Sciarabba Walker & Co. accounting firm, Erdman Anthony mechanical and electrical engineers, the TG Miller civil engineering firm, and landscape architects Trowbridge Wolf Michaels to assist with the development of a comprehensive financial and programmatic review of the County's options, and WHEREAS, the review considered a number of alternative space -use configurations and building 150 May 21, 2013 options, including the construction of a Center of Government building on the site of the Old Library, the expansion and renovation of the County's Annex C building, and the renovation of the Human Services Annex, and WHEREAS, throughout the course of the review, the consultants briefed the Legislature's Capital Plan Review Committee on their progress and presented their conclusions to the Committee on November 18, 2011, and WHEREAS, the consultants determined that the 20 -year, long-term cost of consolidating most or all of the County's downtown operations into a single Center of Government building was substantially more expensive than other options, and would result in an estimated cost of between $18.9 million and $20.3 million (in 2011 dollars) over a 20 -year period, a $6 to $7.5 million increase compared to the cost of leaving departments in their current space, and WHEREAS, the consultants concluded that the most cost-effective option considered would consist of a three-story addition and renovation of Building C that would house the Planning Department and County Office for the Aging (COFA); the renovation of the Human Services Annex to house the Community Justice Center; and the renovation of the Old Courthouse to house the Legislature, the Clerk of the Legislature, and the Human Rights Commission -an option that would result in an estimated cost of $13.5 million (in 2011 dollars) over a 20 -year period, a $0.5 million increase compared to the cost of leaving departments in their current space, and WHEREAS, subsequent to its receipt of the consultants' report, and recognizing the continuing budgetary constraint demanded in the wake of the recent recession, the Capital Plan Review Committee continued to explore other, less expensive, alternatives to accommodate the County's immediate space needs, and WHEREAS, with the assistance of HOLT Architects and the County's Facilities Division, the Committee arrived at a design for the second floor of the Old Courthouse that could, with certain compromises in at least the near-term, accommodate both the Legislative Chambers and the Clerk of the Legislature's Office, and recommended locating COFA in the Human Services Annex, eliminating the need for an expansion of Annex C and avoiding approximately $2.5 million in construction costs, and WHEREAS, the Committee's recommendation to house the Legislative Chambers and the Clerk of the Legislature's Office was approved and funds authorized by the full Legislature by Resolutions 2012-51 and 2012-97, and WHEREAS, the Committee's recommendation to locate COFA in the Human Services Annex Building was approved and funds authorized by the full Legislature by Resolution 2011-141, and WHEREAS, two of the three programs (Drug Treatment Court and Family Treatment Court) that have been co -located in the Community Justice Center in the Old Library are now in the process of being relocated to space in the Main Courthouse and Human Services Building respectively, leaving only the Day Reporting Program without an identified relocation site, and WHEREAS, the business -case analysis undertaken by HOLT Architects and its expert partners allowed the County to take an approach toward its space needs that placed the interests of the taxpayers first and has led to a pragmatic, cost-effective solution to nearly all of the County's near-term space needs, and WHEREAS, in the event the Legislature chooses to re-evaluate the County's space needs in the future, the information and perspectives developed as a part of the business -case analysis will have enduring value and should be consulted in such future evaluations, now therefore be it 151 May 21, 2013 RESOLVED, on recommendation of the Capital Plan Review Committee, That the Legislature accepts the Center of Government Project Business Case Analysis presented by HOLT Architects and extends its thanks to all who contributed to the report. SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 7:45 p.m. The meeting returned to open session at 7:59 p.m. Ms. Kiefer and Ms. Mackesey were excused at 7:50 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: Pat Pryor, Member SECONDER: James Dennis, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison EXCUSED: Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein Resolution 2013-81: Authorization to Execute Extensions of Snow and Ice Agreements with the Towns in Tompkins County — Highway Division (DOC ID: 4156) WHEREAS, the County of Tompkins has heretofore entered into Agreements with seven (7) Towns in Tompkins County pursuant to Section 135a of the State Highway Law relating to removal of snow and ice from County Highways in Towns and incorporated Villages, and WHEREAS, said Agreements provide for an annual review to consider modifications to such snow and ice services, and WHEREAS, it would be in the best interest of the County to extend said Agreements, as currently set to expire September 30, 2013, as modified and updated, for an additional period, and WHEREAS, the Highway Division does not currently have staffing or equipment to adequately provide snow and ice coverage on all County Roads, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That extensions of said Snow and Ice Agreements are hereby authorized for a period of up to three years, from October 1, 2013, through September 30, 2016, with the assurance that the required annual review can lead to modifications in the second and third years, and the County Administrator be and hereby is authorized and directed to execute such extensions on behalf of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-82: Award of Bid — County Public Works Facility Fuel Distribution System Replacement (DOC ID: 4171) 152 May 21, 2013 WHEREAS, the Facilities and Infrastructure Committee on February 21, 2013, authorized competitive bidding of a project to replace the fuel storage and distribution system at the County Public Works Facility on Bostwick Road in the Town of Ithaca, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, four (4) bids were received and publicly opened on May 7, 2013, now therefore be it, RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to LaValley Brothers Construction, Inc., of Wolcott, NY, the lowest, responsible bidder, in the amount of $488,924.00, RESOLVED, further, That the Highway Division Director 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 Public Works Department Fuel System Capital Account (HZ 5101.59239.50.10). SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2013-83: Authorization to Execute Design Funding Agreement with New York State Department of Transportation — Newfield Covered Bridge Preservation Project, BIN 3210210, PIN 3755.03 (DOC ID: 4172) WHEREAS, a Project for the preservation of the Newfield Covered Bridge over Cayuga Inlet West Branch, BIN 3210210, P.I.N. 3755.03, (the Project) in the Town of Newfield, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of Design, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project, RESOLVED, further, That the Tompkins County Legislature hereby authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the federal and non-federal shares of the cost of Design work for the subject Project or portions thereof, RESOLVED, further, That the sum of $110,000.00 is hereby made available within account D5111.54411, Bridge Contracts, to cover the cost of participation in the design phase of the Project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of 153 May 21, 2013 Transportation thereof, 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 the local share of federal -aid and state -aid -eligible Project costs and all Project costs within appropriations that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE I1-2 * * * * * * * * * * Health and Human Services Committee Resolution 2013-84: Budget Adjustment - Public Health/Planning and Coordination (4010) (DOC ID: 4175) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein WHEREAS, the Tompkins County Health Department has received a grant award from the New York State Department of Health annually since 2003 for public health preparedness and response planning and activities, and WHEREAS, the grant amount has ranged from $311,087 (during H1N1 additional funds were provided) to $86,217, and WHEREAS, funds ($55,048) are available in the current Preparedness Grant due to a staff vacancy since August 2012, and WHEREAS, the New York State Division of Homeland Security and Emergency Services awarded funds in 2009 ($49,297) and 2010 ($25,289) to support planning activities related to Public Health Preparedness, and WHEREAS, the 2009 funds were not fully expended due to the increased funding for H1N1 activities at the same time, these funds ($17,962) have been extended to July 31, 2013, and WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustment on his books: 154 May 21, 2013 Health Department Revenue Acct Title Amt Approp Acct 4010.44959 4010.44959 4010.44959 4010.44959 4010.44959 4010.44959 4010.44959 4010.44959 TOTAL Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant $24,487 $ 1,640 $10,862 $21,520 $ 7,701 $ 3,750 $ 2,650 $ 400 $73,010 4010.52206 4010.52214 4010.52220 4010.52300 4010.54303 4010.54354 4010.54412 4010.54472 Title(s) Computer Equipment Office Furnishings Departmental Equipment Software Office Supplies Medical Supplies Travel/Training Telephone Explanation: Funds are available in the Preparedness Grant due to a staff vacancy since August 2012 ($55,048). Funds are also available from the 2009 Homeland Security Grant when we also received a sizeable award for H1N1 activities and were unable to use all grant funds at that time (grant was recently extended to July 2013). Funds were not budgeted in 2013 as grant was to expire in 2012; funds available are $17,962. Budget modifications have been submitted and are in final approval with NYS. Funds will be used to purchase laptops/tablet, wheelchairs, Incident Command board, temperature monitoring system for vaccine storage, barcode scanners, conference cabinet, secure Wi-Fi Edge devices for wireless capability in conference rooms at Health and Department of Emergency Response (DOER), flat panel TVs for Emergency Response EOC and policy room, visual presenter and video projector for EOC at DOER, Email encryption software and Encryption and security management solutions for wireless devices, including a server (to be deployed by ITS for multiple uses in the County), Office and Medical supplies to include N-95 respirators, hand sanitizer, toner cartridges, white boards, etc., and travel/training. SEQR ACTION: TYPE I1-20 ********** Resolution 2013-85: Budget Adjustment - Supported Housing Funds from the New York State Department of Mental Health - Mental Health Department (DOC ID: 4164) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, the New York State Office of Mental Health (OMH) is providing additional funds to Tompkins County for Supported Housing Beds in the amount of $42,132 which represents five (5) new supported housing beds for the Medical Redesign Team (MRT) initiative, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Mental Health Department 155 Revenue Acct 4332.43485 May 21, 2013 Title Amt Approp. Acct Office of Mental Health $42,130 4332.54400 Adult Supportive Housing Title Adult Supportive Housing (Lakeview Mental Health) Explanation: The annualized value of these beds is $42,130 is $8,426 per bed per year. These additional funds will be awarded to Lakeview Mental Health Services for the 2013 program year. SEQR ACTION: TYPE I1-20 ********** Government Operations Committee Mr. Dennis was excused at this time. Planning, Energy, and Environmental Quality Committee Resolution 2013-86: Authorizing 2013 Federal Transit Administration Section 5307 Grant Application for Tompkins Consolidated Area Transit, Inc., (TCAT) and Tompkins County (DOC ID: 4144) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Will Burbank, Member Burbank, Chock, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison Dennis, Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein 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, Tompkins County has a ten-year contract with the State of New York, as detailed in Resolution No.228 of 2006, to pay for a ten percent match for capital projects, 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 WHEREAS, the FTA fund sources for the 2013 Section 5307 Grant are as follows: 2013 Sec 5307 Urban Formula Six Months Allocation $ 847,073 2012 Sec 5307 Urban Formula Unobligated Balance $ 438,251 NYSDOT Transfer from Sec 5311 (2013 & 2014) $ 451,300 Total Federal Transit Funds $ 1,736,624 , and WHEREAS, County staff in consultation with TCAT staff agreed to the projects selected for inclusion in the 2013 grant from the I-TCTC's 2011-2015 Transportation Improvement Program, as amended, and 156 May 21, 2013 WHEREAS, the County will receive and use said FTA funds as follows: Federal State TCAT County Other Total Preventative Maintenance $ 542,000 $ 67,750 $ 67,750 $ - $ - $ 677,500 Acquire 40 Ft Replacement Transit Buses (2) $ - $ 801,606 $ - $ - $ 96,650 $ 898,256 ADP Hardware & Software $ 5,265 $ 658 $ 658 $ - $ - $ 6,581 Facility Rehab (Air Handling/HVAC/ Netting) $ 263,318 $ 32,915 $ 32,915 $ - $ - $ 329,147 Short Term Transit Planning (ITS spec design, Facility Study) $ 132,000 $ 16,500 $ 16,500 $ - $ - $ 165,000 Mobility Management $ 39,000 $ 4,875 $ - $ 4,875 $ - $ 48,750 Project Administration $ 50,430 $ 6,304 $ - $ 6,304 $ - $ 63,038 Acquire Support Vehicles $ 28,166 $ 3,521 $ 3,521 $ - $ - $ 35,208 Shop Equipment $ 10,723 $ 1,340 $ 1,340 $ - $ - $ 13,404 Communications (Radios) $ 9,722 $ 1,215 $ 1,215 $ - $ - $ 12,152 Operating Assistance - 2013 $ 656,000 $4,648,207 $6,778,593 $ - $ - $12,082,800 TOTAL $1,736,624 $5,584,891 $6,902,492 $11,179 $ 96,650 $14,331,836 , now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Administrator, or his designee, to execute and file applications on behalf of the County of Tompkins with the Federal Transit Administration for the 2013 Section 5307 Grant for $1,736,624, RESOLVED, further, That the grant budget total is $14,331,836 including Federal, New York State, TCAT, County, and other sources, 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 TCAT, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-87: Authorizing Application for New York State Dedicated Transit Funding for Tompkins Consolidated Area Transit, Inc., (TCAT), State Fiscal Year 2013-14 (DOC ID: 4145) 157 May 21, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison Dennis, Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $801,606 for State Fiscal Year 2013-14 to Tompkins County, and WHEREAS, Tompkins County and Tompkins Consolidated Area Transit, Inc., (TCAT) developed a capital project to purchase two 40 ft. clean diesel replacement transit buses for $898,256, using $801,606 in State Dedicated funds (SDF) and $96,650 from an insurance payment to TCAT, and WHEREAS, the State Dedicated Transportation Fund grant will reimburse 100% of the cost of proposed projects as follows: Project Description SDF TCAT Total Purchase (2) 40 ft. clean diesel replacement transit buses for TCAT $801,606 $96,650 $898,256 , now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the application for $898,256 to the New York State Department of Transportation for the above listed project, RESOLVED, further, That the County Administrator, or his designee, is authorized to sign: 1. Any and all agreements between Tompkins County and the State of New York for the Project. 2. Any and all agreements between Tompkins County and Tompkins Consolidated Area, Inc., for the Project. RESOLVED, further, That Tompkins County will reimburse Tompkins Consolidated Area Transit, Inc., $801,606 in SDF funds received from New York State. SEQR ACTION: TYPE 1I-20 Minutes of Previous Meeting 5/7/2013 Minutes * * * * * * * * * * 158 May 21, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [8 TO 1] Frank Proto, Member Brian Robison, Member Burbank, Luz Herrera, Lane, McKenna, Proto, Pryor, Robertson, Robison Carol Chock Dennis, Kiefer, Mackesey, McBean-Clairborne, Shinagawa, Stein Adjournment The meeting adjourned at 9:14 p.m. 159 June 4, 2013 Regular Meeting Public Hearing - Proposed Local Law No. 1 of 2013 - Overriding Tax Levy Limit for 2014 Ms. Robertson called the public hearing concerning proposed Local Law No. 1 of 2013 - Overriding the Tax Levy Limit for Fiscal Year 2014 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. 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 resent Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Vice Chair 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 Present Peter Stein Member Present 5:34 PM Privilege of the Floor by the Public Reverend Christina Culver, Executive Director of Loaves and Fishes of Tompkins County, thanked the Legislature for its ongoing support and said the County has been very generous to Loaves and Fishes as well as the surrounding food pantries. She said they have been in existence for 30 years and provide free meals, but have always tried to also cultivate a very loving, supportive, and welcoming community They not only serve a free meal but people come in for companionship. She said they provide advocacy to their guests when they find unmet needs and regularly have 30 social service agencies doing outreach for their guests. Since 2010 they have experienced a huge jump in the number of meals they are serving and this year alone they have served 500 more people. Last year Loaves and Fishes served over 37,000 meals. She said they do this with the help of 25-30 community volunteers each day. Reverend Culver invited Legislators to visit loaves.org to view an inspiring video. She also submitted the following informational brochure on the program: Loaves & Fishes Ithaca's Community Kitchen 2012 Highlights Serving Ithaca and Tompkins County for 29 years 160 June 4, 2013 We are proud of our contribution to the community and we gratefully acknowledge St. John's generous participation in our ministry to provide - free, nutritious meals, hospitality and advocacy each weekday Guests and Activities • Our guests included the unemployed and underemployed, persons on inadequate public assistance and their children, people dealing with chronic mental or physical health challenges, the working poor, veterans, the homeless, people in crisis, and anyone desiring companionship. • Unfortunately, the need for our free meal and advocacy program continued to increase significantly: In 2012, we served over 37,000 meals, including second servings. Not including seconds, we served 1,400 more meals than in 2011. This increase is in addition to serving nearly 4,000 more meals - which does not include seconds - in 2011 compared to 2010. • Each weekday, we serve normally between 145 and 165 nutritious, hot meals, including a vegetarian option. • When seconds are added to the daily count, the total of meals served monthly is over 3,000. • Advocacy -- practical support and linkage to social services for basic needs was offered at each mealtime by the Advocacy Coordinator, Executive Director, kitchen staff and approximately six advocacy volunteers. • The Advocacy Program offers our guests support during times of crisis and practical help satisfying such basic needs as housing, transportation, food, healthcare, and safety. We link guests to existing social services and community resources. The Advocacy Program is characterized by the compassion and respect we have for each individual person in our community. • Outreach/tabling from local human service agencies was offered regularly during mealtimes. This included outreach from Bridges for Youth and Families, Catholic Charities -Food Stamps, Cornell Lawyers, Cancer Resource Center, Excellus Health Care -- Family and Child Health Plus, Ithaca Free Clinic, American Red Cross Homeless Services, Neighborhood Legal Services, Tompkins County Health Dept., and Workforce New York. • Tompkins County Health Nurse, Allison Rice, provided basic health screenings and education during Wednesday lunches. • The Park Foundation generously supported creating the Outreach Coordinator position, which provides direct outreach to African Americans and facilitates collaboration with community leaders and organizations. • The Loaves & Fishes Kitchen Staff also collaborated with the Retired and Senior Volunteer Program (RSVP) and the Learning Web to provide their clients with hands-on, paid work experience in the context of a formal, mentoring relationship. • Donated flowers from Plenty of Posies and Little Flowers/Butternut Creek Farm were picked up and arranged weekly for each table by volunteer Alice Napiersiky. • Live music, including singing, was periodically provided by various community groups, youth, and Loaves & Fishes guests. Loaves & Fishes, Ithaca's Community Kitchen Volunteers and Food Donations • We rely on over 100 incredibly dedicated community volunteers each week and 20 - 30 each day. Groups of volunteers included the All Saints Church, First Assembly of God Church, the Calvary Baptist Church, Cornell University Hillel, Greater Ithaca Activities Center, Challenge, the Ithaca College Women's Track Team, and Cornell University Alpha Phi Omega. In addition, various youth groups provided their services including those from the Lansing Residential Center, New Roots School, the Cayuga Heights Montessori School, Girl Scout and Brownie Troops, Ithaca High School, The Elizabeth Anne Clune of Ithaca Montessori School, and Lehman Alternative Community School. 161 June 4, 2013 • Food donations were abundant and came from several dozen individuals and various merchants including local farms through the Ithaca Farmers Market, the Caroline Community Center and Garden, Youth Farm Project - The Full Plate Farm Collective, Wegmans, Ithaca Bakery, Indian Milk and Honey Corporation, Gimme Coffee, Charlotte Bruce who donates eggs, Greenstar, Friendship Donations Network, Ithaca Soy, Panera Bread, Rogan's and Clark's Market. Fundraising • Fundraisers included: the Grass Roots and WICB Radio Station Raffle, EMPTY BOWLS dinner, Cornell University Dump & Run, the Ithaca Alternative Gift Fair, the L & F December Annual Appeal letter, and the L & F Meal -A -Month program. • Special Business Sponsors: M & T Bank, Cayuga Medical Center, Sciarabba Walker & Co., True Insurance • Grants were awarded through the United Way, Lewis G. Schaeneman Jr. Foundation, Park Foundation and federal, state, and county governments. Staff Executive Director: Rev. Christina Culver, Kitchen Managers: Isaiah Parker and Neil Golder, Kitchen Manager Assistant: Tali Fridman, Receiver: Pat Viglietta, Advocacy Coordinator: Aloja Airewele, Outreach Coordinator: J.R. Clairborne, Administrative Assistant: Laurie Kimball Board of Directors May 2012- May 2013 President: Steve Shiffrin, Vice President: Rev. Janet Shortall, Secretary: Lucy Fisher, Treasurer: Charles Whitehead, St. John's Rep: Dale Johnson, L & F Staff Rep: Laurie Kimball Directors: Tom Archibald, Randy Barker, Christine Barksdale, Edward Baxter, Charles Ciccone, Ted Clark, Tristram Coffin, Sandie Grooms, Betty House, Laura Krauss, Neil Oolie, Dawne Peacock, Rev. Richard Towers, Rupert Spies, Martin Wells, Deborah Whitehead Contact Us • To receive the Loaves & Fishes Newsletter • For more information about volunteering or the L & F Meal -A -Month Program • Visit our website, www.loaves.org <http://www.loaves.org/> • Email info@loaves.org <mailto:info@loaves.org> • Call 607-272-5457 Please enjoy the Ithaca Journal front page article: "True Spirit of Christmas, GIAC, Loaves and Fishes Serve Holiday Meal to 200 people" <http://www.theithacaj ournal. com/article/20121225/NEWS01 /312250020/ -True -spirit -of -Christmas->" Mr. Stein arrived at this time. Report from a Municipal Official(s) Dan Klein, Town of Danby Councilman, reported the Town recently had solar panels installed at the Town Hall. It is a 21 kilowatt system and there is no cost to the taxpayers. The monthly fee will be paid to Liberty Solar. This is the same company Solarize Tompkins is using and the company the County has used. Report from the County Administrator At the request of Mr. Proto he will provide all Legislators with the presentation that was recently given on the Smart Work Program. Resolutions Added to and Withdrawn from the Agenda 162 June 4, 2013 There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Pamela Mackesey, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera Resolution 2013-88: Authorization for Public Hearing - Tompkins Cortland Community College Operating Budget — 2013-2014 (DOC ID: 4178) WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That a public hearing be held on July 2, 2013, 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 2013-2014 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 ********** Budget, Capital, and Personnel Committee Resolution 2013-89: Appropriation from Contingent Fund to Fund Program Analyst Position for One Year- Department of Administration (DOC ID: 4184) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Brian Robison, Member AYES: Burbank, Chock, Dennis, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Kathy Luz Herrera WHEREAS, the preparation and enforcement of the County's annual operating and capital budget is a critical function of the Department of Administration, and WHEREAS, the County Administrator has established a related priority of his Department, which is the development of measurements to evaluate the performance of County programs and to use those measurements as a data -driven means of guiding staff and managers toward continuous improvement, and 163 June 4, 2013 WHEREAS, the County Administrator has requested Legislative approval of one-time funding adequate to support the cost of a Program Analyst position for one year, during which time the Program Analyst will assist with the preparation of the County's annual budget and assume primary responsibility for the development of performance measures for major County programs, and WHEREAS, while the total cost to support the position for one year will be approximately $77,200, spread over fiscal years 2013 and 2014, it is estimated that $40,200 will be expended in 2013, leaving the $37,000 balance to be funded in 2014, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That funds be appropriated from the Contingent Fund to support the cost of a Program Analyst within the Department of Administration, provided that the position will be funded for a maximum of one year, commencing upon the appointment of an individual to the Program Analyst position, RESOLVED, further, That the Director of Finance be directed to make the following adjustment in 2013: Budget Annronriation FROM: 1990.54400 Contingent Fund $40,200 TO: 1230.51000 Personnel $25,500 1230.58800 Fringe Benefits $14,700 SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting It was MOVED by Ms. Pryor, seconded by Mr. Proto. Ms. Kiefer said one of the two TCAT resolutions approved at the last Legislature meeting did not contain language she believes should have been included in each of the TCAT resolutions that were adopted. The following language that was incorporated into Resolution No. 86 of 2013 should also have been incorporated into Resolution No. 87 of 2013: "Whereas, County staff in consultation with TCAT...". She said she called this to the Clerk's attention earlier this evening and was told it is too late to make the change to the resolution as it has already been certified and advised that the resolution could be reconsidered. She noted that because she believes the resolution is incorrect the minutes are also incorrect. At this time Ms. Kiefer made a motion to amend Resolution No. 87 of 2013. The motion to amend a resolution during consideration of the minutes was ruled out of order by the Chair and affirmed by the County Attorney. It was MOVED by Ms. Chock, seconded by Ms. Kiefer, to Table the minutes. A voice vote resulted as follows: Ayes - 4 (Legislators Chock, Kiefer, Mackesey, and McBean-Clairborne); Noes - 10 (Legislators Burbank, Dennis, Lane, McKenna, Pryor, Proto, Robertson, Robison, Shinagawa, and Stein); Excused - 1 (Herrera). MOTION FAILED. Mr. Proto suggested as the Mover of the Minutes approval, that Ms. Kiefer's comments be included. Ms. Robertson said amending the minutes would not accomplish what Ms. Kiefer is looking to do. She said the minutes reflect the language that was approved in the resolution. Mr. Wood agreed with 164 June 4, 2013 Ms. Robertson and said they accurately reflect what occurred. It was MOVED by Mr. Burbank, seconded by Mr. Stein, to Call the Question on the Minutes Approval. A voice vote on the motion resulted as follows: Ayes - 9 (Legislators Burbank, Dennis, Lane, McBean-Clairborne, Pryor, Robertson, Robison, Shinagawa, and Stein); Noes - 5 (Legislators Chock, Kiefer Mackesey, McKenna, and Proto); Excused - 1 (Legislator Herrera). THE QUESTION WAS CALLED. 5/21/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [9 TO 5] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Lane, McBean-Clairborne, Pryor, Robertson, Robison, Shinagawa, Stein Chock, Kiefer, Mackesey, McKenna, Proto Kathy Luz Herrera Reconsideration of Resolution 2013-87 Ms. Kiefer said she confirmed with Dwight Mengel, Chief Transportation Planner, that both resolutions should have included the identical change. She believes the certified resolution does not accurately reflect what was adopted by the Legislature. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to Reconsider Resolution No. 87 of 2013 - Authorizing Application for New York State Dedicated Transit Funding for Tompkins Consolidated Area Transit, Inc. (TCAT), State Fiscal Year 2013-2014. Mr. Mareane said he was unsure if this resolution was submitted in time to meet a deadline for a grant application and expressed concern with timing issues that could be created if a resolution was to be sent in after a deadline. It was MOVED by Mr. Stein, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 8 (Legislators Dennis, Lane, McKenna, Proto, Pryor, Robison, Shinagawa, and Stein); Noes - 6 (Legislators Burbank, Chock, Kiefer, Mackesey, McBean-Clairborne, and Robertson); Excused - 1 (Legislator Herrera). THE QUESTION WAS CALLED. A voice vote on the motion to Reconsider the Resolution resulted as follows: Ayes - 5 (Legislators Chock, Kiefer, Mackesey, McKenna, and Proto); Noes - 9 (Legislators Burbank, Dennis, Lane, McBean-Clairborne, Pryor, Robertson, Robison, Shinagawa, and Stein) Excused - 1 (Herrera). MOTION TO RECONSIDER FAILED. Ms. Kiefer said the concern raised by Mr. Mareane was a reasonable concern; however, Mr. Mengel informed the Committee when asked if passage of this resolution was premature that it would need to be passed again when the County applies. Ms. Chock said she is Chair of the Committee that recommended this resolution and it was her understanding that Ms. Kiefer's amendment referred to both and believes replaying of the audio from the meeting would confirm that. Adi ournment On motion, the meeting adjourned at 7:47 p.m. 165 June 18, 2013 Regular Meeting Call to Order Chair 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 Departed Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present 6:25 PM Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 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 8:00 PM Announcements of Executive Sessions, Reordering of Business, and Special Orders of the Day Ms. Robertson announced there would be an executive session held at the end of the meeting to discuss personnel issues. She said she will also reorder the agenda to accommodate staff in attendance. Privilege of the Floor by the Public There was no one from public who wished to speak. Report from a Municipal Official(s) There was no Municipal Official present. Distinguished Youth Award Ms. Robertson presented Aaron Simmons of Varna this month's Distinguished Youth Award. Aaron is described as a highly motivated member of the Varna community, including regular participation at events of the Varna Volunteer Fire Company, the Varna United Methodist Church, and the Varna Community Association. Wendy Hoose of the Varna Fire Company submitted the nomination letter and stated: "Aaron has a strong commitment to his family, friends, and community, and is always willing to help at a moment's notice." Aaron is a member of the Boy Scouts of America (Troop 55, Ellis Hollow) and has served as a mentor to the Cub Scouts. Dawn Potter, Chair of the Varna Community Association, and Dennis Huff, Pastor of the Varna United Methodist Church, also submitted nomination 166 June 18, 2013 letters and recognized Aaron as an outstanding and remarkable young man who demonstrates maturity, thoughtfulness, and good decision making. Accepted into the People to People Program, Aaron will serve as a student ambassador this summer in Europe, helping people abroad. Chair's Report, and Chair's Appointments Ms. Robertson made the following appointment. Civil War Commission Gwen Seaquist - term expires May, 2015 * * * * * * * * * * Appointments Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, 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 Fish and Wildlife Management Board Lynn Szabo - Sportsman (delegate) representative; term expires December 31, 2013 Environmental Management Council Margaret M. Soulstein - At -large representative; term expires December 31, 2014 Tompkins Cortland Community College Arthur Kuckes - Tompkins County representative; term expires June 30, 2018. Workforce Diversity and Inclusion Committee Pamela Mackesey - Legislator; term expires December 31, 2013 Emergency Communications Review and Oversight Committee Mark S. Conrad - Cornell Public Safety - term expires December 31, 2013 Advisory Board on Indigent Representation Peter Stein - Legislator - term expires December 31, 2015 * * * * * * * * * * Presentation: Cleaner Greener Southern Tier Regional Sustainability Plan Highlights of the Cleaner Greener Southern Tier Regional Sustainability Plan (ID # 4211) Ms. Herrera arrived at this time. Report from the Finance Director Mr. Robison requested a list of foreclosed properties. Mr. Snyder said Reynolds Auction is handling the auction and the list of properties can be found on their website, but he could provide a list if interested. Mr. Proto also said he was interested in receiving a list of properties as well as a list of 167 June 18, 2013 properties that were pulled from the list pursuant to policy or interest by a municipality prior to auction. Mr. Dennis asked for the number of properties that have gone to auction over the last four years. Mr. Snyder said he would get that information. Ms. Chock asked if there was any follow-up with affordable housing agencies and if properties were pulled for that purpose. Mr. Snyder said he would look into that question. Resolutions Added to and Withdrawn from the Agenda It was MOVED by Ms. Pryor, seconded by Ms. Kiefer, to add to the agenda the resolution entitled: Authorizing a Second Public Hearing on Proposed Local Law No. 2 of 2013 - Amending Chapter 32 - Code of Ethics. A voice vote resulted as follows: Ayes - 11; Noes - 2 (Legislators Herrera and Proto); Temporarily out of the room: 1 (Legislator Mackesey); Excused - 1 (Legislator McBean- Clairborne). There were no resolutions withdrawn from the agenda. Facilities and Infrastructure Committee Resolution 2013-90: Award of Bid — CR 109, Hanshaw Road Reconstruction Project, PIN 3753.25, Town of Ithaca (DOC ID: 4220) It was MOVED by Mr. Dennis, seconded by Mr. Proto, to amend the resolution and remove the last Resolved as follows: "RESOLVED, further, That the Highway Director and staff continue to work with the low bidder to investigate whether we can achieve the colored asphalt shoulders at a more reasonable estimate." Ms. Chock said she supported adding the last Resolved at the Committee meeting. The reasons for her support to include that language is that it will not hold up the project and there have been public meetings held about having colored shoulders if possible. Lastly, for the record, she said the information that came to the Committee was that the consulting engineer had estimated that coloring the shoulders for this project should in the ballpark of about $156,000. The resolution and bids received shows a bid of more than $1 million of leeway and secondly all of the bidders came in very high over $1 million estimate for coloring shoulders and seemed to her a big disconnect. Ms. Kiefer spoke of her uneasiness with the opinions of some Legislators expressing concern about a second road receiving or considering it having colored shoulders and setting in motion something that will be inexorable for future projects. She recalled negotiating with Ward Hungerford, former Highway Manager, a number of years ago about colored shoulder policy where the general intent was to do whatever the State told us. A shoulder policy was developed that said for each project the County would decide on a case-by-case basis what the width of the shoulders would be appropriate and in many instances that meant going back to the State and asking for this. She believes this could be done with colored shoulders and done on a case-by-case basis. With respect to Hanshaw Road, she believes it needs to be taken seriously since residents assumed the County would be looking at this. The State required a traffic light be installed and that made it no longer possible to include it as an alternate resulting in the colored shoulders being added as the alternate. She supports the language in the resolution and will not support the amendment. It was MOVED by Mr. Dennis, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators Chock, Kiefer, Mackesey, and Robison); Excused - 1 (Legislator McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote on the amendment to remove the Resolved resulted as follows: Ayes - 8 168 June 18, 2013 (Legislators Dennis, Lane, McKenna, Proto, Pryor, Robison, Shinagawa, and Stein); Noes: 6 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, and Roberson); Excused - 1 (Legislator McBean- Clairborne). AMENDMENT CARRIED. RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Leslyn McBean-Clairborne WHEREAS, Resolution No. 9 adopted on January 18, 2005, approved a project to reconstruct County Road 109, Hanshaw Road, P.I.N. 3753.25, in the Town of Ithaca (the Project), and WHEREAS, Resolution No. 167 adopted on September 4, 2007, authorized granting of Design and Right -of -Way Plan approvals whereby completion of project final design was authorized, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the Project, and WHEREAS, nine (9) bids were received and publicly opened on June 6, 2013, and WHEREAS, the engineer's estimate for this project is $4,688,352, and WHEREAS, the budget was set at $4,835,000, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for the basic project work be awarded to Suit-Kote Corporation of Cortland, New York, lowest, responsible bidder, in the amount of $3,474,275.85, pending approval by the New York State Department of Transportation, RESOLVED, further, That the Highway Director 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 Hanshaw Road Capital Account (HZ 5103.59239.53.10). SEQR ACTION: Unlisted, Negative Declaration issued (No further action required) * * * * * * * * * * Recess Ms. Robertson declared recess at 8:00 p.m. The meeting reconvened at 8:15 p.m. Mr. Stein was excused at this time. Planning, Energy, and Environmental Quality Committee Resolution 2013-91: Endorsing the Cleaner Greener Southern Tier Regional Sustainability Plan (DOC ID: 4193) 169 June 18, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Carol Chock, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Pryor, Robertson, Robison, Shinagawa Frank Proto Leslyn McBean-Clairborne, Peter Stein WHEREAS, Tompkins County, on behalf of the eight counties in the Southern Tier Region, applied for and received a one million dollar grant from the New York State Energy Research and Development Authority (NYSERDA) under the Cleaner Greener Communities program to develop a regional sustainability plan for the Southern Tier region, which was approved by Resolution No. 2012-04 on January 17, 2012, and WHEREAS, in partnership with the Southern Tier East and Southern Tier Central Regional Planning and Development Boards a plan has been developed over the last 18 months with input from throughout the region, and WHEREAS, the Cleaner Greener Southern Tier Regional Sustainability Plan has now been accepted as final by NYSERDA following endorsement of the plan by the Southern Tier Regional Economic Development Council, and WHEREAS, the plan supports collaboration among the eight counties in the region that include Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, and Tompkins Counties, to achieve goals that are consistent with the principles, policies, and actions in the Tompkins County Comprehensive Plan, and WHEREAS, the plan includes specific actions that can lead to a 35% reduction in greenhouse gas emissions in the region over 20 years, and WHEREAS, the second phase of the Cleaner Greener Communities program will include competitive funding for implementation of regional sustainability plans, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature endorses the Cleaner Greener Southern Tier Regional Sustainability Plan, RESOLVED, further, That the Tompkins County Legislature encourages collaboration among counties and other agencies and organizations in the region to implement the plan's recommendations. SEQR ACTION: TYPE I1-20 ********** Government Operations Committee Resolution 2013-52: Adoption of Local Law No. 2 of 2013 — Amending Chapter 32 - Code of Ethics (DOC ID: 3903) Following further discussion, Ms. Pryor said she would be willing to allow more time and have the Government Operations Committee consider additional changes and/or provide further clarification before coming back to the Legislature. 170 June 18, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: POSTPONED [UNANIMOUS] Next: 7/16/2013 5:30 PM Pat Pryor, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Leslyn McBean-Clairborne, Peter Stein WHEREAS, following an Ethics Audit by the New York State Comptroller in 2010, the Code of Ethics was revised and approved by the Ethics Advisory Board and the Government Operations Committee, and WHEREAS, a public hearing was held before the Tompkins County Legislature on March 19, 2013, to hear all persons interested in proposed Local Law No. 2 of 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 2 of 2013 — Amending Chapter 32 — Code of Ethics be and hereby is adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-92: Authorizing a Second Public Hearing on Proposed Local Law No. 2 of 2013 — Amending Chapter 32 - Code of Ethics (DOC ID: 4222) It was MOVED by Ms. Chock, seconded by Ms. Mackesey, to amend the resolution and change the public hearing date from July 2 to July 16. A voice vote resulted as follows: Ayes - 10; Noes - (3 (Legislators Dennis, Herrera, and Lane); Excused - 2 (Legislators McBean-Clairborne and Stein). AMENDMENT CARRIED. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 2] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa James Dennis, Kathy Luz Herrera Leslyn McBean-Clairborne, Peter Stein WHEREAS, in 2010 the New York State Comptroller conducted an Ethics Audit in Tompkins County that included some recommendations for improvements to the Code of Ethics, and WHEREAS, the County Administrator upon receipt of said Audit report, referred it to the Ethics Advisory Board for review, and WHEREAS, the Ethics Advisory Board reviewed the Audit report and made recommended changes to the Code of Ethics that addressed the Audit recommendations and that clarified other portions and on August 10, 2011, forwarded the revised Code to the Government Operations Committee for consideration, and WHEREAS, following discussion and changes, the Government Operations Committee approved 171 June 18, 2013 the revised Code of Ethics and referred it to the Legislature, and WHEREAS, a public hearing on the proposed Code of Ethics was held on March 19, 2013, and WHEREAS, subsequent to the public hearing the Legislature decided to postpone a vote on the proposed changes to the Code of Ethics until April 16, 2013, to allow time for Department Heads and staff to have an opportunity to comment on the proposed changes, and WHEREAS, at its meeting on April 16 the Legislature again postponed consideration of the revised Code of Ethics until June 18, 2013, to allow time for the completion of the commenting process for staff and Department Heads, and WHEREAS, Departmental Responses were reviewed and addressed as appropriate by the Government Operations Committee at a special meeting on June 5, 2013, and WHEREAS, a second public hearing is necessary as the changes made are considered substantive as advised by the County Attorney, now therefore be it RESOLVED, That a second public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on July 16, 2013, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 2 of 2013 - Amending Chapter 32 - Code of Ethics. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-93: Adoption of Local Law No. 1 of 2013 — A Local Law Overriding Tax Levy Limit for 2014 (DOC ID: 4174) RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, Member SECONDER: Brian Robison, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa EXCUSED: Leslyn McBean-Clairborne, Peter Stein 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 4, 2013, to hear all persons interested in proposed Local Law No. 1 of 2013, now therefore be it 172 June 18, 2013 RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Local Law No. 1 of 2013 - A Local Law Overriding Tax Levy Limit for 2014 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 * * * * * * * * * * Minutes of Previous Meeting Recess 6/4/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [11 TO 2] Brian Robison, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Carol Chock, Dooley Kiefer Leslyn McBean-Clairborne, Peter Stein Ms. Robertson declared recess at 9:47 p.m. The meeting reconvened at 9:55 p.m. Executive Session It was MOVED by Ms. Pryor, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session at 9:55 p.m. to discuss a personnel matter. The meeting returned to open session at 10:20 p.m. Adjournment The meeting adjourned at 10:20 p.m. 173 July 2, 2013 Regular Meeting Public Hearing - Proposed Tompkins Cortland Community College (TC3) 2013-2014 Budget Ms. Robertson called the public hearing concerning Tompkins Cortland Community College's proposed 2013-2014 budget 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. Call to Order Chair Robertson called the meeting to order 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 Title Status Present Arrived _ Will Burbank Member Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present 5:33 PM Dooley Kiefer Member ,Present Michael Lane Vice Chair 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 Present Peter Stein Member Present Privilege of the Floor by the Public David Scovronick, Executive Director of the Downtown Ithaca Children's Center (formerly known as the Drop -In Children's Center), introduced Brenda Pepe, Board President. The Center has been in operation since the 1970's and is licensed to serve up to 82 children ages 6 weeks to 5 years old. The Center provides both fulltime and drop-in care and an after-school program and summer camp. The mission is to focus on efforts to serve economically challenged families, although the Center is open to anyone. He spoke briefly about the reasons for the Center's name change and said it is now a primarily a fulltime childcare and education facility with a fully developed curriculum and a well-trained professional staff. He highlighted a few of the changes made recently in the programs offered. The main goal of the Center is to have each child leave and be socially, emotionally, and intellectually ready to enter and succeed in public school. He thanked the Legislature for the support and assistance received in the past. Ms. Herrera arrived at this time. Fay Gougakis, City of Ithaca, first spoke very briefly spoke against the ban of plastic bags as 174 July 2, 2013 being proposed by the Environmental Management Council and believes more information and education is needed. The second issue she spoke about was the recent loss of a friend due to a car/bicycle accident and expressed her strong support for the Legislature to discuss the use of cell phones, texting, and tinted windows. These are issues that need to be addressed and asked that this accident be investigated if it is not being done. Heather Campbell, new Executive Director of Advocacy Center, was introduced by former Executive Director Joan Farbman. Ms. Campbell said she has over 16 years of experience of victim services and have worked at the Center for the last 12 years. The Center provides advocacy services to children, teen, adult victims of domestic violence, child sexual abuse, sexual assault, and rape. It is the only agency in the County that provides services to these individuals. Last year there was an increase in the demand for services in almost all program areas. In 2012, the agency served 1,498 victims of a violence and abuse. This was an 8% increase over 2011. The services are available 24 hours per day, seven days per week. She highlighted some of the specific services provided. Ms. Robertson expressed her appreciation on behalf of all the residents in the County to Joan Farbman for her career and life-long work. Sam Law, Organizer with Shale Shock and Fingerlakes Action Network, said last Saturday the Fingerlakes Action Network organized a rally at the Cayuga Power Plant to demand a permanent retirement of the coal-fired facility, oppose the repowering of the facility with toxic fracked gas, and advocate for a just transition to renewables in the Town of Lansing. Over 60 people attended this rally. He provided informational packets that included a detailed history of the plant and information about viable alternatives that would provide a just transition off of fossil fuels for the Town of Lansing. The group believes alternatives should be fully considered and that Tompkins County should take a lead in exploring energy options of the future rather than toxic and deadly options of the past. Dr. Hillary Lambert, Executive Director of the Cayuga Lake Watershed Network, provided a preliminary statement concerning Cayuga Power Plant/AES Cayuga on behalf of the Cayuga Lake Watershed Network and Cayuga Lake. She said she lives in Dryden, but worked in Kentucky for long time for a watershed protection non-profit dealing with a lot of coal and energy related issues. She spoke of that experience and said the Cayuga Lake Watershed Network does not want fossil fuel funding dependency to dictate the future of Tompkins County. The Watershed's 2012 position statement on gas drilling and fracking states in part that: "Shale gas dependency and development would forestall the growth of the renewable energy sector that offers to bolster our economic vitality and curtail greenhouse gas emissions. We support an energy policy that promotes conservation and renewable energy sources." Protecting clean water resources is part of that policy. Barbara Coyle, Town of Ithaca, said she recently moved to Tompkins County from Bradford County because of the toxic time bomb natural gas was bringing to the community she lived in for 40 years. She said Tompkins County has been very smart around these types of issues and she opposes the transition from coal to natural gas at the Cayuga Power Plant. Joanne Cipolla-Dennis, Dryden, spoke in opposition of any conversion to natural gas. She worked for over five years in Dryden to get a ban in place. She believes if the Cayuga Power Plant is converted it would be a gateway project to natural gas and the fracking of gas. She does not support that project. She also participated in bringing Solarize Tompkins to fruition. Judy Kirpunt, Member of the Dryden Resource Awareness Coalition, encouraged the Legislature to resolve to not support the repowering of the Cayuga Power Plant with fracked natural gas. It is not necessary to provide the needed power to our area; NYSEG has determined that the problems are limited to peak hours and those peak hours are more in Auburn than in this area. The problems can be solved through grid upgrades for at least the short-term problems until other long-term renewables can be used. 175 July 2, 2013 Privilege of the Floor by Legislators Ms. Mackesey read and presented a resolution passed by the TCAT Board in appreciation of Kathy Luz Herrera's 12 years of service to the TCAT Board. The second topic Ms. Mackesey spoke about was Legislators treatment of County employees and submitted the following statement: "Public employees deserve the respect of he elected officials whose work they support. Our success as a county is, in large part, due to the competence and caring of our County employees. We Legislators talk and legislate. They implement." "So I was very disturbed when I heard of an instance yesterday where a colleague treated a county employee disrespectfully. That kind of behavior demeans the employee. It demeans the stature of our County Legislature. It demeans Tompkins County's well-regarded image and violates the Rules of the Legislature." "County Legislators supervise only 4 employees: County Administrator, County Attorney, Clerk of the Legislature and Comptroller. We have no business admonishing or pointing fingers at any employee." "Because this was not the first time I had heard about this kind of behavior, I felt compelled to call the employee affected by this particular incident and apologize. I was ashamed that the employee had been subject to an unprovoked, undeserved attack." "This kind of behavior must stop. The good name of Tompkins County is a stake. Most importantly the morale of our workforce is at risk. I call on my colleagues to join with me to condemn this behavior and to reassure County employees of our respect and appreciation of their hard work and dedication." Budget, Capital, and Personnel Committee Resolution 2013-94: Adoption of 2013-2014 Operating Budget - Tompkins Cortland Community College (DOC ID: 4208) Following a brief explanation of the resolution by Mr. Dennis, Ms. Kiefer requested the following information she reported be included in the record: The 3% increase in TC3 net revenue from total taxpayer dollars provided by the sponsoring counties, Tompkins and Cortland - called "sponsor cash" - amounts to 11.78% of the 2013-2014 TC3 budget. This is a decrease from the 11.95% for the College's present 2012-2013 budget. A broader definition of "local share" (as distinct from "State share" and "tuition share") includes nonresident tuition, the aforementioned sponsor cash, college surplus funds, and chargebacks; for 2012- 2013 that amounted to 26.0% of the TC3 budget, and for 2013-2014 is estimated at 25.2%, also a decrease. She hopes the trajectory can change to an actual increase in the future. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member David McKenna, Member 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, 2013, through August 31, 2014, has been presented to the Legislature of the 176 July 2, 2013 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 2nd of July 2012, and heard all persons wishing to speak on this topic, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That said proposed 2013-2014 operating budget in the amount of $38,307,435 of which the total sponsoring community contribution is in the amount of $4,426,388, approximately three percent more than the 2012- 2013 amount, be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2013 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2013, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2014, 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 * * * * * * * * * * Resolution 2013-95: Approval of the Appropriation of Surplus Funds Tompkins Cortland Community College (DOC ID: 4209) 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, Shinagawa, Stein WHEREAS, the operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2012, through August 31, 2013, was adopted via Resolution 2012-119, and WHEREAS, final enrollment for 2011-2012 and projected enrollment for 2012-2013 are both less than budgeted causing state aid and tuition revenues to be lower than planned, and WHEREAS, the College has available surplus totaling $1,496,821 as of August 31, 2012, and WHEREAS, it has been estimated that the College will need $250,000 of its 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 $250,000 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 ********** Report from a Municipal Official(s) There was no Municipal Official who wished to speak. 177 July 2, 2013 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: Pat Pryor, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-96: Authorization to Execute Quitclaim Deed - Properties Redeemed Before County Auction (DOC ID: 4261) WHEREAS, Tompkins County works with property owners to allow them to redeem their homes prior to auction, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2012 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest, and fees as follows: City of Ithaca 34-1-18 Deborah Richberg Town of Newfield 23-1-10 Mazourek Farms SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-97: Authorization to Execute Quitclaim Deeds - Sale of Foreclosure Properties at Public Auction (DOC ID: 4262) WHEREAS, in accordance with the procedures outlined in Policy 01 -07 -Land Transactions, the Government Operations Committee approved on May 28, 2013, the attached list of Tax Parcels 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 24, 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE II -20 ********** Resolution 2013-98: Authorization to Renew a Five -Year Lease Agreement for the Tompkins County Board of Elections (DOC ID: 4242) 178 July 2, 2013 WHEREAS, the Board of Elections has a need for secure, temperature -controlled, dry space to store electronic ballot -marking devices (voting machines) and additional space for training election inspectors on the machines, and WHEREAS, Resolution No. 152 of 2008 authorized the County Administrator or his designee to enter into a five-year agreement with Schug Realty for the space rental for the voting machines on Hanshaw Road in the Town of Dryden, and WHEREAS, the landlord made structural improvements to increase building security in the leased space to accommodate the Board of Elections needs, and WHEREAS, the expense of moving the machines to a new space would be costly, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator, or his designee, is hereby authorized to finalize negotiations and extend the lease agreement with the landlord, Schug Realty, LLC, for 1771 Hanshaw Road, Dryden, New York, for the period of August 1, 2013, through July 31, 2018. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Appointments Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Pat Pryor, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Soil and Water Conservation District Alan Teeter - Grange representative; term expires December 31, 2015 * * * * * * * * * * Economic Development Committee Resolution 2013-99: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Workforce Development One -Stop Career Center (DOC ID: 4214) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Will Burbank, Member SECONDER: Michael Lane, Vice Chair AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Workforce Development One -Stop Career Center had one Workforce Development Specialist retire effective May 30, 2013, and 179 July 2, 2013 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, and WHEREAS, the County's Fiscal Policy (05-02) characterizes the Airport, Solid Waste, the Ithaca -Tompkins County Transportation Council, and Workforce Development as enterprise units and therefore not eligible for reimbursement of terminal pay, and WHEREAS, unlike other enterprise units, the Workforce Development Board and Workforce Development One -Stop Career Center do rely on County revenue to sustain their operations and do not have an alternative source of funding to support terminal pay, now therefore be it RESOLVED, on recommendation of the Economic Development and the Budget, Capital, and Personnel Committees, That Section 5.03-A-4 of the County Policy 05-02, prohibiting the use of County contingency funds to support terminal pay for Workforce Development be waived for the May 30, 2013, retirement from the Workforce Development One -Stop Career Center, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2013: FROM: A1990.54440 TO: 6292.51000761 6292.58800 SEQR ACTION: TYPE II -20 Government Operations Committee Contingent Fund Workforce Development Specialist Fringes * * * * * * * * * * $13,089.07 $10,068.49 $ 3,020.58 Resolution 2013-100: Authorizing Clerk of the Legislature to File a Certificate Designating the Secretary of State as the Agent for Service of Notices of Claim (DOC ID: 4258) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the State Legislature has enacted and Governor Cuomo has signed Chapter 24 of the Laws of 2013, which, inter alia, adds a new Section 53 to the General Municipal Law, effective June 15, 2013, and WHEREAS, Chapter 24 of the Laws of 2013 permits claimants to serve notices of claim upon the Secretary of State rather than effecting personal service of such notices upon the municipality that is the subject of the claim, and WHEREAS, the statute directs the Secretary of State to forward copies of notices of claim served in the above -referenced manner to the municipalities involved, and WHEREAS, Section 53 of the General Municipal Law requires that municipalities, including Tompkins County, within thirty days after the effective date of the law, file a certificate in the office of the Secretary of State (1) designating the Secretary of State as the agent for service of notices of claim and (2) providing the name, post office address and electronic mail address of an officer, person or 180 July 2, 2013 designee, nominee or other agent -in -fact of the person in Tompkins County to receive the transmittal of notices of claim served upon the secretary, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Legislature be, and hereby is, authorized and directed to file not later than July 12, 2013, a certificate with the Secretary of State designating the Secretary of State as Tompkins County's agent for the service of notices of claim, RESOLVED, further, That the County Attorney is hereby designated to receive such notices of claim served in the manner set forth herein, RESOLVED, further, That such certificate, and any amendments thereof as from time -to -time may be necessary, provide the Secretary of State with the name, post office address and electronic mail address of the County Attorney. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-101: Approving Revisions to Administrative Policy 03-01: Benefits for Management Staff (DOC ID: 4158) RESULT: ADOPTED [UNANIMOUS] MOVER: Pat Pryor, Member SECONDER: Michael Lane, Vice Chair AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, Policy 03-01 required revision to more accurately reflect current or desirable regulations and procedures, and WHEREAS, Policy 03-01 has been reviewed and processed according to the guidelines of Policy 01-04, which governs the policy amendment process, and WHEREAS, this policy also has been reviewed by the Budget, Capital and Personnel and Government Operations Committees, now therefore be it RESOLVED, on recommendation of the Budget, Capital and Personnel and the Government Operations Committees, That the revisions to Policy 03-01 - Benefits for Management Staff are hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:31 p.m. The meeting reconvened at 7:46 p.m. Budget, Capital, and Personnel Committee Resolution 2013-102: Adoption of Policy No. 05-04 - Fund Balance (DOC ID: 4170) 181 July 2, 2013 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, it is the policy of the Tompkins County Legislature to have a manual of Legislative policies and administrative procedures that govern the functioning of the County organization, and to ensure that policies are up to date, and WHEREAS, Policy 05-04 - Fund Balance has been written to complement the now -standard Governmental Accounting Standards Board (GASB) definition as outlined in GASB Summary of Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, issued 02/09, and WHEREAS, the policy changes were formally reviewed according to Policy 01-04, which governs the policy amendment process, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel and the Government Operations Committees, That Policy 05-04 - Fund Balance is hereby adopted. SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2013-103: Determining that Certain Real Property Commonly Known as the K -House, Located on Harris B. Dates Drive in the Town of Ithaca, is No Longer Needed for Public Use (DOC ID: 4217) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the County is the owner of certain real property located in the Town of Ithaca and designated as Tax Parcel No. 24.-3-2.223, 402 Harris B. Dates Drive, said 0.92 acre parcel being otherwise known as the K -House, and WHEREAS, the K -House parcel was originally a part of a larger, 37 -acre County parcel that included the Biggs B Building that housed the Department of Health, and WHEREAS, in conjunction with the relocation of the Health Department to a renovated building on Brown Road, the County's property was divided into three parcels in order to allow the County to consider the disposition of specific portions of the larger parcel, and WHEREAS, by Resolution 2010-77, the County has sold one of the three parcels, a 9 -acre parcel that includes the Biggs B building, to Cayuga Medical Center, and 182 July 2, 2013 WHEREAS, the K -House has been unoccupied for many years, and WHEREAS, there is no other County purpose for this parcel, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That it is hereby determined that the K -House and the 0.92 acre parcel of land on which it is located as described above is no longer needed for public use and can be returned to the tax rolls. SEQR ACTION: TYPE 1I-20 ********** Resolution 2013-104: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 105 of 2013: Authorizing the Sale of Tompkins County's K - House (DOC ID: 4218) RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Michael Lane, Vice Chair AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, in Resolution No. 105 of 2013, the Tompkins County Legislature authorizes the County Administrator to execute all contracts and documents related to the sale of Tompkins County's K - House, 402 Harris B. Dates Drive, as part of the plan to vacate the Biggs B building and the relocation of the Health Department, 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. 105 of 2013 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 105 of 2013. SEQR ACTION: UNLISTED (Short EAF on file with the Clerk of the Legislature) * * * * * * * * * * Resolution 2013-105: Authorizing the County Administrator to Sell Real Property Commonly Known as the K -House, Located on Harris B. Dates Drive in the Town of Ithaca (DOC ID: 4216) 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 anticipation of vacating the Biggs B building as a part of the relocation of the Health Department to new quarters in a renovated building on Brown Road in the Cornell Business Park, 183 July 2, 2013 the County contemplated the sale of the surrounding property and committed the proceeds of such a sale to support a portion of the cost of renovating the Brown Road building, and WHEREAS, upon consultation with the Planning Advisory Board as well as the Legislature's Government Operations, Facilities and Infrastructure; and Planning, Development, and Environmental Quality Committees, the County subdivided its parcel into three separate parcels, one of which includes the building commonly known as the K -House and approximately 0.92 acres of surrounding land; another consists of the Biggs B Building and approximately 8.99 surrounding acres of land; and the third consists of approximately 26.0 acres of wooded land, and WHEREAS, by Resolution 2010-77, the County authorized the sale of the 8.99 acre Biggs B parcel to the Cayuga Medical Center, and WHEREAS, in keeping with the plan to dispose of the entire Biggs site and in consultation with the Capital Plan Review Committee, the County Administrator selected a realtor via a request for proposal process, and placed the "K -House" parcel on the market for sale, and WHEREAS, the County Administrator has accepted an offer to purchase the property for $184,000, contingent upon the approval of the County Legislature, and WHEREAS, the purchase offer is in excess of the appraised value of the parcel and has been reviewed by the County's Director of Assessment and found to be fair and reasonable based on current market values, and WHEREAS, the process followed in the sale of this parcel is compliant with Chapter 19-1 of the County Code governing the sale or lease of County Property, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is hereby authorized to execute any and all documents to complete the sale of the "K - House", 402 Harris B. Dates Drive, to Joerg Steffen Schuhmann of Buffalo, New York. SEQR ACTION: UNLISTED * * * * * * * * * * Minutes of Previous Meeting 6/18/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [14 TO 1] Pat Pryor, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer Adi ournment The meeting adjourned at 8:25 p.m. 184 July 16, 2013 Regular Meeting Public Hearing - Proposed Local Law No. 2 of 2013 - Amending Chapter 32 - Code of Ethics Ms. Robertson called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 2 of 2013 - Amending Chapter 32 - Code of Ethics and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Title Status Present Arrived Departed Will Burbank Member Carol Chock Member Present _ James Dennis Member Excused Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 8:56 PM Leslyn McBean-Clairborne Member Present 6:09 PM 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 Announcements of Executive Sessions, Reordering of Business, and Special Orders of the Day Ms. Robertson announced that at 7:45 p.m. this evening there will be a brief ceremony to take down the County seal and flags and hear comments from former Legislators in attendance to commemorate the Legislature's last meeting in the Chambers of the Courthouse at 320 North Tioga Street. Privilege of the Floor by the Public John Spence, Executive Director of Better Housing for Tompkins County, thanked the Legislature on behalf of the staff and clients of Better Housing for its support of affordable housing options in Tompkins County. The agency helps people build equity in their lives and from the support of the Community Development Block Grant program assist first-time homeowners. Through that program over 350 families have been helped. He also spoke of the support received for the home repair program for seniors and disabled homeowners. Paula Wright, Community Dispute Resolution Center Executive Director, also thanked the Legislature for its support as it is moving into its 30`h year anniversary of providing dispute resolution services in Tompkins County. Ms. Wright provided statistics and explained the types of reasons people come to mediation. This year 246 County residents attended a mediation session. She said the agency 185 July 16, 2013 also provides an opportunity for people to gain clarity about their situation and to minimize or stay out of the court system. She spoke of some of the trainings offered and said over 400 community members attended training on facilitation in the past year. Kenneth Schlather, Executive Director of Cooperative Extension in Tompkins County, said it has been a pleasure working with this Legislature and thanked everyone for the efforts they put into it. He said this is the 100th year Tompkins County has partnered with Cooperative Extension. Report from a Municipal Official(s) There was no Municipal Official who wished to speak. Report from the County Administrator Ms. Herrera asked that the Legislature be kept informed as the Public Safety Building project moves forward. Confirmation of Appointment of Human Rights Director It was MOVED by Ms. Herrera, seconded by Ms. Pryor, and unanimously adopted by voice vote by members present, to confirm the appointment of Karen Baer to the position of Human Rights Director. MOTION CARRIED. Resolutions Added to and Withdrawn from the Agenda It was MOVED by Mr. Stein, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled: Authorization to Issue Design Approval - Covered Bridge Preservation Project (PIN 3755.03), BIN 3210210, Town of Newfield. There were no resolutions withdrawn from the agenda. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Peter Stein, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis, Leslyn McBean-Clairborne Resolution 2013-106: Authorizing a Consultant Agreement with C&S Engineers for Design and Bidding Services in Connection with Terminal Apron & Deicing Pad Expansion - Ithaca Tompkins Regional Airport (ID #4264) WHEREAS, the west side of the Terminal Apron and deicing pad need to be expanded to allow for more aircraft parking and to accommodate more aircraft on the deicing pad, and WHEREAS, said expansion will allow for the deicing collection system and the oil/water separator to be upgraded for more efficient retention of effluent, and WHEREAS, C&S Engineers are proposing design and bidding services to deal with the expansion for a total cost of $190,500, and 186 July 16, 2013 WHEREAS, the budget for said Terminal Apron Expansion & Deicing Pad project, scheduled for construction in 2014, is expected to be approximately $1,100,000, and follows: WHEREAS, the budget for the Terminal Apron Expansion & Deicing Pad design project is as Federal Aviation Administration (FAA) Share (90.0%) $171,450 New York State Department of Transportation (NYSDOT) Share (5.0%) $ 9,525 Airport Share (5.0%) $ 9,525 Total $190,500 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers for $190,500 be and hereby is approved, subject to FAA and NYSDOT funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $9,525 will come from the Airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -10 * * * * * * * * * * Appointments Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Peter Stein, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis, Leslyn McBean-Clairborne Criminal Justice Advisory/Alternatives-to-Incarceration Board David M. Sanders, Jr. - Youth Services Department representative; term expires December 31, 2014 Tompkins County Youth Services Board Lauren Shinagawa - City of Ithaca representative; term expires December 31, 2015 Substance Abuse Subcommittee C. Thomas Parsons - Community Member representative; term expires December 31, 2014 Community Mental Health Services Board Sheila McEnery - term expires December 31, 2015 * * * * * * * * * * Capital Plan Review Committee Mrs. McBean-Clairborne arrived at 6:09 p.m. 187 July 16, 2013 Planning, Energy, and Environmental Quality Committee Resolution 2013-107: Authorizing Release of Allocation for Qualified Energy Conservation Bonds (ID #4257) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Will Burbank, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, Tompkins County was allocated $1.05 million in zero interest Qualified Energy Conservation Bond (QECB) authority by the American Recovery and Reinvestment Act, and WHEREAS, Tompkins County intended to participate in a joint bond issuance by multiple counties coordinated by the New York State Association of Counties in order to reduce the cost of issuing the bonds, and WHEREAS, the bond funds were to be used to make energy -efficiency improvements to the Public Safety Building, and WHEREAS, by Resolution No. 221 of November 7, 2012, the Legislature authorized a contract with Johnson Controls for the improvements and by Resolution No. 222 of that date authorized the bond issuance, and WHEREAS, the effort to coordinate a joint bond issuance has not yet proceeded to a point where it is possible to issue the bonds, and WHEREAS, Tompkins County wishes to proceed with the project to upgrade the Public Safety Building through its own bonding authority, and WHEREAS, no other qualified project has been identified that would be feasible for use of this bonding allocation, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Tompkins County releases to the State of New York its $1,058,846.00 million Qualified Energy Conservation Bond allocation. SEQR ACTION: TYPE II - 20, 27 * * * * * * * * * * Public Safety Committee Resolution 2013-108: Authorization to Accept Grant - New York State Division of Homeland Security State Law Enforcement Terrorism Prevention Program (SLETPP) Funding - Sheriffs Office (ID #4259) 188 July 16, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Brian Robison, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera James Dennis WHEREAS, the Sheriff's Office has been awarded funding through the New York State Division of Homeland Security in the amount of $27,500.00 (FY13SLETPP), and said funds must be utilized to support law enforcement activities, and WHEREAS, said funding has been approved to assist with the purchase of a Meggit Training Systems Fire Arms Training Simulator (FATS) L7 Next Generation Virtual Training System, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accept these grant funds for the purpose of procuring the aforementioned training equipment, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment on his books: REVENUE: 3113.44389 (Other Public Safety Revenue) $27,500 APPROPRIATION: 3113.52220 (Departmental Equipment) $27,500 SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2013-109: Appropriation from Contingent Fund - Replacement Pay - Sheriff's Office - Road Patrol (ID #4239) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, the Sheriff's Office had one (1) employee out on medical leave 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 Budget, Capital and Personnel Committees, that the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2014: FROM: A1990.54440 Contingent Fund $12,069.20 189 July 16, 2013 TO: A3113.51000419 Deputy Sheriff SEQR ACTION: TYPE I1-20 * * * * * * * * * * $12,069.20 Resolution 2013-110: Appropriation from Contingent Fund - Replacement Pay - Sheriffs Office - Corrections Division (ID #4240) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Robison, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis WHEREAS, the Sheriff's Office had three (3) employees out on medical leave 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 and directed to make the following budget appropriation for 2013: FROM: A1990.54440 Contingent Fund TO: A3150.51000406 Corrections Officers SEQR ACTION: TYPE I1-20 * * * * * * * * * * Facilities and Infrastructure Committee $26,230.48 $26,230.48 Resolution 2013-111: Authorizing a Consultant Agreement with C&S Engineers for Design and Bidding Services in Connection with Perimeter Security Fence Improvements - Ithaca Tompkins Regional Airport (ID #4263) RESULT: ADOPTED [13 TO 1] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Luz Herrera, Kiefer, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein NAYS: Carol Chock EXCUSED: James Dennis WHEREAS, from time to time wildlife, including deer, coyotes, and other species have penetrated the perimeter security fence, causing hazardous situations for aircraft operations, and WHEREAS, said penetration has occurred by the wildlife burrowing under the fence at points 190 July 16, 2013 where the foundations have been eroded by storm water run-off or have heaved during frost events, and WHEREAS, preliminary investigation indicates that major drainage improvements are necessary, large sections of the fence need to be replaced due to age, and various areas of the fence need to be buried well below grade level to prevent burrowing, and WHEREAS, a recent Wildlife Hazard Assessment, mandated by the Federal Aviation Administration (FAA), has recommended that the fence and drainage problems be dealt with as soon as possible, and WHEREAS, C&S Engineers are proposing design and bidding services to deal with these problems for a total cost of $130,500, and WHEREAS, the budget for said Perimeter Security Fence Improvement project, scheduled for 2013, is expected to be approximately $1,400,000, and WHEREAS, the budget for the Perimeter Security Fence design project is as follows: FAA Share (90.0%) $117,450 New York State Department of Transportation (NYSDOT) Share (5.0%) $ 6,525 Airport Share (5.0%) $ 6,525 Total $130,500 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers for $130,500 be and hereby is approved, subject to FAA and NYSDOT funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $6,525 will come from the Airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II - 2 * * * * * * * * * * Resolution 2013-112: Recommendation for Tompkins County to be the Designated Recipient for the Federal Transit Administration Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities Program (ID #4253) RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: James Dennis WHEREAS, since 1993 Tompkins County has been the Designated Recipient for certain Federal Transit Administration (FTA) programs, which enables the County to contract for grant funding directly 191 July 16, 2013 with FTA, and WHEREAS, the Federal Transportation Law - Moving Ahead for Progress in the 21st Century Act (MAP -21) consolidated two FTA programs (Section 5310 and New Freedom), serving seniors and individuals with disabilities, into a single program - Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities (Enhanced 5310), and WHEREAS, in 2013, the estimated amount of Enhanced 5310 program funding for the County will be $130,000 per year, to be used for eligible capital, planning, and operating assistance projects, and WHEREAS, before 2013, the Tompkins County Coordinated Public Transit - Human Services Transportation Planning Committee evaluated and set priorities for projects using former 5310 and New Freedom funding to: • Purchase replacement paratransit buses for GADABOUT Transportation Services, Inc.; • Provide operating assistance to GADABOUT to transport persons with disabilities during times and in geographical service areas not covered by ADA paratransit service; • Provide operating assistance to FISH to reimburse mileage for the volunteer driver program; • Purchase the MV -1 wheelchair -accessible taxi leased to Ithaca Dispatch, Inc. , and WHEREAS, the New York State Department of Transportation (NYSDOT) asked Metropolitan Planning Organizations in New York if they preferred their local Designated Recipient's responsibility be expanded to include the Enhanced 5310 program, and WHEREAS, the Ithaca -Tompkins County Transportation Council's (ITCTC) Policy Committee adopted a resolution (2013-09) on June 18, 2013, recommending NYSDOT designate Tompkins County as the Designated Recipient for the Enhanced 5310 program, and WHEREAS, the Tompkins County Coordinated Public Transit - Human Services Transportation Planning Committee adopted a resolution recommending the County be the Designated Recipient for the Enhanced 5310 program on May 15, 2013 (ITCTC Resolution 2013-09), and WHEREAS, the Coordinated Public Transit - Human Services Transportation Plan process will be used to determine the use of Enhanced 5310 funding, as required under MAP -21, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality and the Health and Human Services Committees, That the Tompkins County Legislature affirms the following statements to New York State Department of Transportation: 1. Tompkins County has the legal and technical capacity to meet all federal requirements including: planning, grant management, procurement, civil rights, contract management and oversight of subrecipients and third -party contractors necessary to carry out its responsibilities as a Designated Recipient. 2. The Tompkins County Coordinated Public Transit - Human Services Transportation Planning Committee, under the auspices of the ITCTC, is actively engaged in coordinated mobility planning and has a proven track record of identifying community priorities for eligible projects serving seniors and persons with disabilities, as required under the Enhanced 5310 program. 3. Tompkins County desires to be the Designated Recipient of the Enhanced 5310 program to locally manage the project selection, grant management, schedule, and federal aid reimbursements for the Enhanced 5310 program, thereby continuing to develop effective and innovative community mobility services with its partners. 192 July 16, 2013 RESOLVED, further, That the Tompkins County Legislature requests the County be made the Designated Recipient for the FTA Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities Program by the State of New York, RESOLVED, further, That the Clerk of the Legislature shall send this resolution to the New York State Department of Transportation. SEQR ACTION: TYPE II -20 ********** Resolution 2013-113: Authorization to Issue Design Approval — Covered Bridge Preservation Project (PIN 3755.03), BIN 3210210, Town of Newfield (ID #4282) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member David McKenna, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, Resolution No. 211 of 2011 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund a Project for the preservation of the Newfield Covered Bridge over Cayuga Inlet West Branch, BIN 3210210, P.I.N. 3755.03, (the Project) in the Town of Newfield, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, in accordance with applicable federal regulations and guidelines, Right -of -Way acquisition will be unnecessary, and WHEREAS, completion of all procedural requirements needed prior to project design approval have been certified by the design consultant, Clough Harbour Associates LLP, and approved by the County Highway Director, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is a Type II SEQRA action requiring no further environmental review, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized. SEQR ACTION: TYPE II -2 * * * * * * * * * * Health and Human Services Committee Resolution 2013-114: Budget Adjustment - Youth Services (ID #4266) 193 July 16, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis WHEREAS, pursuant to Administrative Manual Policy 05-02, $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Director of Finance be directed to make the following budget adjustments Youth Services Revenue Acct. 7020.42797 7020.42797 Title Other Local Govt Cont Other Local Govt Cont Amt $5,886 $3,496 budget adjustments exceeding Services Committee, That the on his books: Approp Acct 7020.51000655 7020.58800 Title Prg Mgmt Spec Fringe Explanation: The County Youth Services Department has entered into an agreement with the Workforce Investment Board (WIB) to assist with youth initiatives. This agreement will fund the cost to increase the hours of one Youth Services Department staff by 10 hours/week to provide services from July 1 - December 31, 2013. These adjustments reflect the salaries, fringes, and related expense lines associated with this agreement. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Minutes of Previous Meeting 7/2/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Pamela Mackesey, Member Frank Proto, Member Burbank, Chock, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer James Dennis RES -2013-52 : Adopt Local Law Amending Code of Ethics It was MOVED by Ms. Pryor, seconded by Ms. Kiefer. Ms. Pryor said the Committee approved the recommended changes by the Ethics Advisory Board as presented at the last Legislature meeting. It was MOVED by Mr. Proto, seconded by Mr. Stein, to amend the Code to add the following "(d) This section shall not prohibit Legislators from engaging in outside employment." to Section III - Standards of Conduct, paragraph (a), (3). He expressed concern with the language "he or she is required to work for the County" included 194 July 16, 2013 in paragraph (3): "(3)...A County officer or employee shall not use County letterhead, personnel, equipment, supplies, or resources for a non-governmental purpose nor engage in personal or private activities during times when he or she is required to work for the County..." and said he is proposing the above amendment as another exception because some Legislators have outside employment. Mr. Wood ruled the amendment as not being substantial and that another public hearing would not be required. Ms. Kiefer commented that Legislators are not required to work. Legislators are elected and may or may not show up for meetings. Hours must be accounted for to the State Retirement System for pension credit. She does not believe the amendment is necessary. Ms. Mackesey said she agrees with Ms. Kiefer and that by adding that language it could exempt Legislators from using letterhead, personnel, etc. for non -county purposes and believes all Legislators should be subjected to that. Mr. Stein believes the proposed amendment makes sense and that it is an obligation of Legislators to do the best they can to attend meetings. Mr. Proto said his amendment refers to work and agrees Legislators should not be taking advantage of personnel, using letterhead, etc., for personal use. He said his concern is with Legislators who have outside employment. Ms. Chock expressed concern with placing a value judgment on what it is we do as Legislators with our time outside of Legislative work. She said she would add wording at the end of the amendment and MOVED the following addition: "...or their own personal matters". MOTION FAILED FOR LACK OF A SECOND. Recess Ms. Robertson declared recess at 7:40 p.m. The meeting reconvened at 7:52 p.m. Comments by Former Legislators and Removing the Seal from Chambers Ms. Robertson announced that August 6, 2013, will be the first meeting held in the new Legislature Chambers in the Daniel D. Tompkins Building, 121 East Court Street. She welcomed back former Legislators and opened the floor for them to comment: Stuart Stein said he served from 1981-2001 and served as Chair of the Board from 1993 to 1996. He said he is familiar with the new location and believes it will serve the Legislature well. It is a historical space and will inspire Legislators to do wonderful things. He understands how much thankless time and energy that is put in to this job and wishes everyone all the best. Jeff True served from 1986-1990 representing the City of Ithaca's west side. He believes he and his father are the only father and son combination that has served on the County Legislature. His father served in the 1960s for a two-year term. Barbara Mink said her term was from 1989-2001 and served as Chair from 1997-2001. She represented the fifth ward in the City of Ithaca. She was going through old papers today and found the folder of the cards and notes when she left and it brought back wonderful memories. She spoke of the departments that moved during her tenure: Department of Social Services and the Public Library. She spoke of how hard it is to do what Legislators do and saluted them. Eric Lerner served from 1990-1995 and said he represented the first and then the second ward 195 July 16, 2013 following redistricting. He said when he received the invitation for this evening he heard a story that when this building was first constructed the entire Board lost their run for re-election in the next election, he is not sure if it really happened. He spoke about how great the new quarters will be more functional and have more room for the public. Michael Koplinka-Loehr said he served a 12 -year ending in 2009. He also said he was a County employee at one time. He will appreciate having more room for the public and wished the Legislature good luck and looks forward to seeing more of a contribution. At this time the seal was removed from the wall; it will be hung in the new Chambers at the August 6th meeting. Code of Ethics (Continued) Resolution 2013-52: Adoption of Local Law No. 2 of 2013 — Amending Chapter 32 - Code of Ethics (ID #3903) Discussion followed on Mr. Proto's amendment made earlier. Ms. Kiefer does not believe the amendment is necessary because the section deals with requirement to work for the County and as elected Legislators have no such requirement. Mr. Burbank suggested that this needs to be sent back to Committee for further review and clarification. It was MOVED by Mr. Stein, seconded by Ms. Pryor, to Call the Question. A voice vote resulted as follows: Ayes - 6 (Legislators Lane, McBean-Clairborne, McKenna, Pryor, Robison, and Stein); Noes - 8 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, Proto, Robertson, and Shinagawa); Excused - 1 (Legislator Dennis). MOTION TO CALL THE QUESTION FAILED. Ms. Chock spoke in opposition of the amendment and said she would agree to send it back to Committee if the amendment is approved for further review on what the impact of it would be. Mr. Stein spoke in support of the amendment and said that it is always difficult to try and recruit people to run for office because of the amount of time required attending meetings, etc. A voice vote resulted as follows on the following amendment "This section shall not prohibit Legislators from engaging in outside employment": Ayes - 8 (Legislators Herrera, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, and Stein); Noes - 6 (Legislators Burbank, Chock, Kiefer, Lane, Mackesey, and Robertson); Excused - 1 (Legislator Dennis). MOTION TO AMEND CARRIED. It was MOVED by Ms. Chock, seconded by Mr. Burbank, to postpone the resolution to the next meeting: Ayes - 4 (Legislators Burbank, Chock, Herrera, and Kiefer); Noes - 10; Excused - 1 (Legislator Dennis). MOTION TO POSTPONE FAILED. It was MOVED by Ms. Kiefer, seconded by Ms. Pryor, and unanimously adopted by amend the approved amendment as follows: "(d) Legislators from engaging in outside employment." to Section III - Standards of Conduct, paragraph (a), (3). It was MOVED by Ms. Chock, seconded by Mr. Burbank, to add to the amendment above the following: "...or other personal business." Mr. Burbank agrees with some of the statements being made that there are Legislators who have other jobs and responsibilities and said he wants to make it clear that a standard is not being set up would make it difficult to follow. He requested that this entire discussion be included in the minutes of this 196 July 16, 2013 meeting. Ms. Herrera spoke of the importance that this Legislature be a rue representative body. She also commented that Legislators also have other personal responsibilities and demands in their lives such as daycare, child and family obligations, etc. Ms. Mackesey was excused at this time. A voice vote resulted as follows: Ayes - 5 (Legislators Burbank, Chock, McBean-Clairborne, Robison, and Shinagawa); Noes - 8 (Legislators Herrera, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, and Stein); Excused - 2 (Legislators Dennis and Mackesey). MOTION TO AMEND FAILED. It was MOVED by Mr. Proto, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes - 9 (Legislators Burbank, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, and Stein); Noes - 4 (Legislators Chock, Herrera, Kiefer, and Robertson); Excused - 2 (Legislators Dennis and Mackesey). MOTION TO CALL THE QUESTION CARRIED. This resolution was adopted by a roll call vote as follows: RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Pat Pryor, Member Dooley Kiefer, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein James Dennis, Pamela Mackesey WHEREAS, following an Ethics Audit by the New York State Comptroller in 2010, the Code of Ethics was revised and approved by the Ethics Advisory Board and the Government Operations Committee, and WHEREAS, public hearings were held before the Tompkins County Legislature on March 19 and July 16, 2013, to hear all persons interested in proposed Local Law No. 2 of 2013, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 2 of 2013 — Amending Chapter 32 — Code of Ethics be and hereby is adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 * * * * * * * * * * Adjournment On motion, the meeting adjourned at 8:29 p.m. 197 August 6, 2013 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 Departed _ Will Burbank Member � Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 8:29 PM 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 Present Peter Stein Member Present Privilege of the Floor by the Public Audrey Cooper, City of Ithaca and Multicultural Resource Center Executive Director, congratulated the Legislature on its new Chambers. She thanked the County Legislature for funding support over the years to allow the Multicultural Resource Center to grow in the County. She distributed buttons and invitations to the October 5th First Peoples' Festival, the only Native American indigenous festival in America. It is a really small organization doing a lot of big work to combat racism. Barbara Coman, newly elected Chair of the Human Rights Commission, said she is honored to stand here in that capacity and very much looks forward to working with the new Human Rights Director, Karen Baer. She wants the entire County to know the Human Rights Commission exists and to educate the entire County about what is available to them. She will be looking to build a Human Rights Commission that has a broad range of backgrounds. Mike Sigler, Town of Lansing, said the big issue for the Town of Lansing is concerning the Cayuga Power Plant. He distributed a resolution approved by the Town and asked the Legislature to consider it as well. It is in support of the repowering of the Plant with natural gas. This is one of the largest taxpayers in the County and the Town and School District rely on this Plant. It has been a critical part of the community for so long. Bob Ritter, Executive Director of the Cancer Resource Center of the Finger Lakes, said cancer affects a lot of people. The Agency's job is to help people navigate through the system. They are beginning their 20th year and said the Agency first began as the Breast Cancer Awareness Center. He 198 August 6, 2013 spoke of the number of people with mental illness who have been diagnosed with cancer and said they have been working with the Mental Health Association and have developed a brochure and are now viewed as a national model. Their motto is "no one should face cancer alone". Brian Eden, member of the Environmental Management Council, spoke in support of the resolution entitled Authorization to Procure the Services of Companies to Develop Solar, Micro - Hydroelectric, and Farm Waste -to -Energy Facilities that will Generate Up to Two Megawatts of Electricity and urged the Legislature to adopt it. Report from a Municipal Official(s) There was no Municipal Official present. Resolutions Added to and Withdrawn from the Agenda Ms. Robertson gave Mr. Lane permission to withdraw from the agenda the resolution entitled Authorizing an Amendment to the 2013-2017 Capital Program to Add a Project to Expand and Renovate the Human Services Building at a Cost of $1,550,000 and Execute a Contract with LaBella Associates for Architectural and Engineering Services (ID #4274). It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to add to the agenda the resolution entitled Resolution in Support of the Two Row Wampum Renewal Campaign (ID #4309). Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-115: Decrease in Hours - Senior Caseworker Position - Department of Social Services (ID #4276) WHEREAS, the Depaitiuent of Social Services no longer requires a longer -than -typical workweek for the Senior Caseworker position in its Adult Protective Services unit, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the hours of the following position are changed as follows effective August 12, 2013: Social Services • Senior Caseworker, Position #1126, White Collar Labor Grade 0 (15), Job Code 581, decrease the standard work week and the approved hours from 40 to 35. SEQR ACTION: TYPE II -20 ********** Resolution 2013-116: Award of Contract - Tompkins County Food Scrap Recycling (ID #4275) 199 August 6, 2013 WHEREAS, Tompkins County has set a goal of diverting 75% of the solid waste stream by reduction, reuse and recycle, and WHEREAS, according to the United States Environmental Protection Agency at least 15% of the nationwide waste stream consists of food scraps, and WHEREAS, the County has been awarded a $200,000 grant through the Empire State Development Corporation to significantly increase food scrap recycling through composting, and WHEREAS, the County sought private entities to process food scraps and other organic material and to market the compost produced through a public-private partnership, and WHEREAS, only one private facility in the area is legally permitted to accept the anticipated volume of food scraps, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is hereby authorized to enter into a contract with P & S Excavating - Cayuga Composting, LLC (Trumansburg, N.Y.) for food scrap recycling into compost for a term of not less than three (3) years beginning August 15, 2013, for a fee of $55 per ton in year one and two and subsequently $45 per ton in year three, RESOLVED, further, That the funds are available in the Solid Waste Management Division budget, Account 8163.54442. SEQR ACTION: TYPE II -20 ********** Planning, Energy, and Environmental Quality Committee Resolution 2013-117: Authorization to Procure the Services of Companies to Develop Solar, Micro - Hydroelectric, and Farm Waste -To -Energy Facilities that Will Generate Up to Two Megawatts of Electricity (ID #4303) 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, in 1998, Tompkins County, in partnership with Tioga County, created Tompkins- Tioga Electric and Gas Alliance, which eventually became the Municipal Electric and Gas Alliance (MEGA), whereby participants energy -demand needs were aggregated for purchase purposes 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 participating municipalities and other participants, 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 the lowest cost, and WHEREAS, in 2005 at the urging of Tompkins County MEGA created a mechanism for participants to purchase renewable energy credits, and 200 August 6, 2013 WHEREAS, as a part of its commitment to bring clean, renewable energy at a reasonable cost to its customers, MEGA has conceived and is preparing to implement a new program intended to provide municipal and school district customers with a long-term, price -certain supply of electric energy from renewable sources, and WHEREAS, MEGA's program will establish a remote net metering relationship between its participants and specific solar, micro -hydroelectric, and farm waste -to -energy facilities that have a generating capacity of two megawatts or less, allowing electricity generated by such facilities to be sold to participants at off-site locations within New York State allowing MEGA participants to address a meaningful portion of their overall electricity needs, and WHEREAS, in 2012 New York State updated Section 66j of Public Service Law allowing for the off-site production of up to 2 MW of solar, micro -hydroelectric, and farm waste -to -energy, and the purchase thereof on a net -metering basis, and WHEREAS, the potential outcomes of this initiative include fostering the development of small, renewable energy facilities in New York State, enabling MEGA's many participants to directly purchase electricity produced by such facilities, stabilizing and potentially reducing the cost of electricity for MEGA's participants, putting idle and unproductive land to productive use, and contributing to the reduction of greenhouse gasses, and WHEREAS, MEGA wishes to issue a draft Request for Proposal (RFP), and subsequently to issue a Final RFP, to solicit firms with the capacity to generate renewable energy in New York State, and WHEREAS, MEGA has asked Tompkins County, as a founding partner and in recognition of the County's commitment to renewable energy development, to serve in the role of the Procuring Municipality, a designation that allows other municipalities to enjoy the same terms and conditions as are provided to the Procuring Municipality, but that does not obligate Tompkins County to enter into any energy purchase agreement unless authorized by the County Legislature, and WHEREAS, the Tompkins County Legislature strongly supports the efforts of MEGA to foster the development of renewable energy and recognizes the widespread benefits of the plan that has been put forward by MEGA, and WHEREAS, this Legislature wishes to reflect this support by serving as the Procuring Municipality, including directing the release of a Draft and Final RFP and executing agreements necessary to fulfill the responsibilities of the Procuring Municipality, recognizing that specific authority must be provided by this Legislature to enter into a specific power purchase agreement between the County and a power producer, and WHEREAS, rules regarding the terms by which other political subdivisions and districts participate have been established by MEGA and will be reflected in a program agreement between the companies and MEGA, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Tompkins County authorizes MEGA to issue a Draft RFP, and subsequently a Final RFP on behalf of Tompkins County, RESOLVED, further, That all political subdivisions and districts within the State are authorized to participate in the contracts awarded as result of this RFP, RESOLVED, further, That the County Administrator, upon recommendation of the MEGA Board of Directors, is authorized to award the contract to one or more proposers and to enter into a program 201 August 6, 2013 agreement outlining the program (but not requiring the purchase of electricity.). SEQR ACTION: TYPE II -20 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:25 p.m. The meeting reconvened at 7:40 p.m. Government Operations Committee Resolution 2013-118: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of Departments that Report to the Government Operations Committee (ID #4289) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Pat Pryor, Member SECONDER: Michael Lane, Vice Chair AYES: 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 2012 and prior years resulting in a surplus of $523,384 on the County's books as of December 31, 2012, 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 $45,784 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 $45,784.00 TO: Department Use of Funds Account Requested Rollover Assessment Department Replace Printer 1355.52206 $7,034 Tax Map Maintenance Contract 1355.54425 $2,000 5 Standing Desks/Stools 1355.52214 $3,725 Board of Elections Fujitsu FI5530C2 Scanner 1450.52206 $2,500 HP Color LaserJet CP6015DN Printer 1450.52206 $7,800 202 August 6, 2013 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-119: Approving Revisions to Administrative Policy 01-06: Public Access to Records and Adopting the Complementary Regulations for Public Access to Records of Tompkins County New York (ID #4285) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution as follows: Third paragraph: "WHEREAS, the document "Regulations for Public Access to Records of Tompkins County New York_ was created to complement Policy 01-06: Public Access to Records and is based on and consistent with the to be in line with model regulations, providing the required detail as outlined by of the New York State Committee on Open Government, and Sixth paragraph: Add document "Regulations for Public Access to Records of Tompkins County New York_ A voice vote resulted as follows on the amendment to the resolution: Ayes - 12, Noes - 3 (Legislators McKenna, Proto, and Pryor). AMENDMENT CARRIED. After hearing this discussion and reference being made to the language in the Regulations document, Ms. Kiefer offered the following amendment, seconded by Ms. Mackesey: Separate the Legislative Policy Statement into two paragraphs; add the following two paragraphs from the Regulations document to the General Information section of the Policy: "Requests for public access to records shall be accepted and records produced during all hours regularly open for business. "A written request may be required, but oral requests may be accepted when records are readily available." It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to Call the Question. A voice vote resulted as follows: Ayes - 12, Noes 3 (Legislators Chock, Kiefer, and Mackesey). THE QUESTION WAS CALLED. 203 Mass mailing postcard to voters 1450.54452 $725 County Administration VOIP Phone and IP conference phone 1230.54472 $500 Computer cameras 1230.52206 $150 Laptop Computer and monitor 1230.52206 $1,350 Computer software - MS Office, Adobe, Crystal Reports 1230.52230 $1,000 Office Furnishings 1230.52214 $6,000 County Attorney Books/Westlaw 1420.54332 $3,000 Legislature Cover unanticipated expenses 1040.54303 $10,000 needed for new Legislature space SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-119: Approving Revisions to Administrative Policy 01-06: Public Access to Records and Adopting the Complementary Regulations for Public Access to Records of Tompkins County New York (ID #4285) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution as follows: Third paragraph: "WHEREAS, the document "Regulations for Public Access to Records of Tompkins County New York_ was created to complement Policy 01-06: Public Access to Records and is based on and consistent with the to be in line with model regulations, providing the required detail as outlined by of the New York State Committee on Open Government, and Sixth paragraph: Add document "Regulations for Public Access to Records of Tompkins County New York_ A voice vote resulted as follows on the amendment to the resolution: Ayes - 12, Noes - 3 (Legislators McKenna, Proto, and Pryor). AMENDMENT CARRIED. After hearing this discussion and reference being made to the language in the Regulations document, Ms. Kiefer offered the following amendment, seconded by Ms. Mackesey: Separate the Legislative Policy Statement into two paragraphs; add the following two paragraphs from the Regulations document to the General Information section of the Policy: "Requests for public access to records shall be accepted and records produced during all hours regularly open for business. "A written request may be required, but oral requests may be accepted when records are readily available." It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to Call the Question. A voice vote resulted as follows: Ayes - 12, Noes 3 (Legislators Chock, Kiefer, and Mackesey). THE QUESTION WAS CALLED. 203 August 6, 2013 A voice vote resulted as follows on the amendment: Ayes - 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Shinagawa); Noes - 10 (Legislators Dennis, Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Robertson, and Stein). AMENDMENT FAILED. It was MOVED by Ms. Kiefer, seconded by Ms. Chock, to change the title of the policy to: Public Access to Records Under Freedom of Information Law (FOIL). Ms. Mackesey was excused at this time. A voice vote on the amendment to the title resulted as follows: Ayes - 2 (Legislators Chock and Kiefer), Noes - 12, Excused - 1 (Legislator Mackesey). AMENDMENT FAILED. It was MOVED by Mr. Stein, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Chock and Kiefer), Excused - 1 (Legislator Mackesey). AMENDMENT FAILED. A vote on the resolution as amended took place at this time. RESULT: ADOPTED [13 TO 1] MOVER: Pat Pryor, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein NAYS: Dooley Kiefer EXCUSED: Pamela Mackesey WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, Policy 01-06: Public Access to Records was last updated in 1995 and therefore required revision to coincide with best practice, and WHEREAS, the document "Regulations for Public Access to Records of Tompkins County New York" was created to complement Policy 01-06: Public Access to Records and is based on and consistent with the model regulations of the New York State Committee on Open Government, and WHEREAS, Policy 01-06 has been reviewed and processed according to the guidelines of Policy 01-04, which governs the policy amendment process, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the revisions to Policy 01-06: Public Access to Records are hereby approved, RESOLVED further, That the document "Regulations for Public Access to Records of Tompkins County New York" is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee 204 August 6, 2013 Resolution 2013-120: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of the Department that Reports to the Budget Capital and Personnel Committee (ID #4290) 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, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2012 and prior years resulting in a surplus of $523,384 on the County's books as of December 31, 2012, 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 $20,000 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 $20,000.00 TO: Depar tiuent Use of Funds Account Requested Rollover Finance Department The rollover funds will be used to cover expenses for 1315.51000 $20,000 the overlap of the positions Finance Director and Payroll Specialist. SEQR ACTION: TYPE II -20 * * * * * * * * * * Public Safety Committee Mr. Robison, Chair, said the Committee has not met since the last Legislature meeting. He said negotiations continue with the Sheriff's road patrol unit and he will keep the Legislature updated. The search for a Communications Center Manager continues and they are looking at options for proceeding. The Committee will be considering a resolution on the addition to the Jail at its next meeting on August 12th. 205 August 6, 2013 Resolution 2013-121: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of the Departments that Report to the Public Safety Committee (ID #4270) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2012 and prior years resulting in a surplus of $523,384 on the County's books as of December 31, 2012, 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 $78,950 in the current year budget, now therefore be it 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 $78,950.00 TO: Depth lnient Use of Funds Account Requested Rollover Assigned Counsel To replace broken security camera for office entrance 1170.52220 $500.00 To replace broken chairs in reception area. 1170.52220 $500.00 Probation and Community Justice Computer Equipment: 4 Desktops, 1 Duplex Scanner, 3141.52206 $518.00 and 1 Inkjet Printer 3142.52206 $2,072.00 Computer Equipment: 2 Desktops with Monitors 3160.52206 $1,154.00 Computer Software: 1 Snagit Software for our forensic program for Internet monitoring of sex offenders 3141.522303 142.52230 $9.00 $34.00 Office Equipment: 1 Projector, 3 Ergonomic Task Chairs 3141.52210 $523.00 1 Two -Drawer Lateral Legal Size File Cabinet, 1 Two- Shelf Book Case, and 1 Height Adjustable Computer Stand 3142.52210 $2,093.00 Office Supplies 3141.543033 $200.00 206 August 6, 2013 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-122: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Department of Probation and Community Justice (ID #4267) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Robison, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Pamela Mackesey WHEREAS, in the Department of Probation and Community Justice, a Probation Officer resigned effective June 8, 2013, 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 2013: FROM: A1990.54400 Contingent Fund $5,147 TO: A3160.51000585 Probation Officer $3,229 A3160.58800 Fringes $1,918 SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2013-123: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of the Department that Reports to the Health and Human Services Committee (ID #4271) This resolution was adopted by a short roll call vote. 207 142.54303 $800.00 Sheriff's Office Replacement Vehicle for Jail 3150.52231 $27,000.00 Replacement of Truck for Patrol Special Operations 3113.52231 $28,000.00 Replacement of Utility Trailer(s) 3113.52220 $5,547.00 Additional Security Cameras on Public Safety Building 3113.54311 $10,000.00 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-122: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Department of Probation and Community Justice (ID #4267) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Robison, Member SECONDER: Leslyn McBean-Clairborne, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Pamela Mackesey WHEREAS, in the Department of Probation and Community Justice, a Probation Officer resigned effective June 8, 2013, 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 2013: FROM: A1990.54400 Contingent Fund $5,147 TO: A3160.51000585 Probation Officer $3,229 A3160.58800 Fringes $1,918 SEQR ACTION: TYPE II -20 * * * * * * * * * * Health and Human Services Committee Resolution 2013-123: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of the Department that Reports to the Health and Human Services Committee (ID #4271) This resolution was adopted by a short roll call vote. 207 August 6, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2012 and prior years resulting in a surplus of $523,384 on the County's books as of December 31, 2012, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use by departments that report to the Health and Human Services Committee in the amount of $24,350 in the current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $24,350.00 TO: Department Use of Funds Account Requested Rollover Health Department Cerner Maintenance Agreement 4016.54442 $24,350.00 SEQR ACTION: TYPE II -20 ********** Resolution 2013-124: Appropriation from Contingent Fund — Terminal -Pay Reimbursement — Health Department (ID #4269) This resolution was adopted by a 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, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Pamela Mackesey WHEREAS, the Health Depailatent had a resignation of a Senior Public Health Sanitarian effective June 3, 2013, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it 208 August 6, 2013 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: A1990.54440 Contingent Fund $ 9,975 TO: A4090.51000607 Senior Public Health Sanitarian $ 6,321 A4090.58800 Fringes $ 3,654 SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2013-125: Budget Adjustment and Appropriation of Unspent Funds from 2012 and Prior Years to Various Accounts of the Departments that Report to the Facilities and Infrastructure Committee (ID #4284) This resolution was adopted by a short roll call vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Pamela Mackesey WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2012 and prior years resulting in a surplus of $523,384 on the County's books as of December 31, 2012, 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 $30,168 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 530,168.00 TO: Department Use of Funds Account 'Requested Rollover Facilities Division Replace Computerized Maintenance Management Software including training and hardware 1620.52206 $30,000.00 209 August 6, 2013 Weights and Measures Upgrade to a smart phone 3630.54472 $168.00 SEQR ACTION: TYPE II -20 * * * * * * * * * * Capital Plan Review Committee Mr. Proto asked if the resolution withdrawn from the agenda earlier could include the votes from all three committees that acted on it. Mr. Mareane said he would distribute the PowerPoint presentation as well. Individual Member -Filed Resolutions Resolution 2013-126: Resolution in Support of the Two -Row Wampum Renewal Campaign (ID #4309) It was MOVED by Mr. Lane, seconded by Mr. Proto, to refer the resolution to Committee. Mr. Lane said he is troubled by language that has to do with sovereignty over lands. There is still much land in the County that is under the Onondaga land claim litigation. He specifically questioned what the language in the sixth Whereas means. Following further discussion, Mr. Lane agreed to withdraw his motion. It was MOVED by Ms. Pryor, seconded by Mr. Lane, to amend the resolution and delete the following sixth Whereas and number 5 in the Resolved: "WHEREAS, on September 13, 2006, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples, a resolution long -championed by the Onondaga Nation that recognizes the "urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources", and" "5. Calls on the United States government to fully implement the United Nations Declaration on the Rights of Indigenous Peoples." It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to amend the amendment and restore the sixth Whereas. A voice vote resulted as follows on the amendment to the amendment: Ayes - 10; Noes 4 (Legislators Chock, McKenna, Proto, and Robison); Excused - 1 (Legislator Mackesey). AMENDMENT TO THE AMENDMENT CARRIED. A voice vote on the amendment as amended resulted as follows: Ayes - 10; Noes 4 (Legislators Chock, McKenna, Proto, and Robison); Excused - 1 (Legislator Mackesey). AMENDMENT AS AMENDED CARRIED. It was MOVED by Mr. Lane, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes 4 (Legislators Chock, Kiefer, Proto, and Robison); Excused - 1 (Legislator Mackesey). THE QUESTION WAS CALLED. 210 August 6, 2013 A vote on the resolution took place at this time. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [11 TO 3] Leslyn McBean-Clairborne, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, Pryor, Robertson, Shinagawa, Stein David McKenna, Frank Proto, Brian Robison Pamela Mackesey WHEREAS, the sovereign nations of the Haudenosaunee (Iroquois or "People of the Long House") lived sustainably in the region that now includes most of New York State for many hundreds of years before the arrival of European colonists, and WHEREAS, 2013 is the 400th anniversary of the Two Row Wampum Treaty, the first agreement between the Haudenosaunee Confederacy and European settlers, and WHEREAS, Haudenosaunee, together with their non -Native allies, have chosen to commemorate this anniversary with a series of events, which began on July 27 and is highlighted by an epic canoe trip down the Hudson River from Albany to New York City and ending on August 9 at the United Nations for the International Day of the World's Indigenous Peoples, and WHEREAS, the Two Row Wampum Treaty began what was intended to be a Covenant of Friendship, symbolized by a silver chain linking the native American peoples together, through a series of agreements, with the Dutch, British, French, and the United States of America, and WHEREAS, the Haudenosaunee Confederacy's constitution, known as the Great Law of Peace, was first created on the shores of Onondaga Lake (in what is now Central New York) and eventually became a model for the Confederation of Colonies and the U.S. Constitution as recognized in the historical record and in Concurrent Congressional Resolution S.76 of 1987, and WHEREAS, on September 13, 2006, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples, a resolution long -championed by the Onondaga Nation that recognizes the "urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources", and WHEREAS, New Yorkers and others in the wider region greatly benefit from the many contributions of the Haudenosaunee and other Native peoples in culture, environmental understanding, political philosophy, and spiritual awareness, and WHEREAS the Haudenosaunee have consistently and repeatedly sought to uphold the Two Row Wampum as the basis for relations among nations living in peace and friendship, and WHEREAS, Tompkins County and the Haudenosaunee can both benefit from a respect for the culture, spirituality, and way of life of the Haudenosaunee and that of Tompkins County while traveling on their own mutual paths through life, and WHEREAS, Tompkins County and the Haudenosaunee can both benefit from a mutual collaboration and friendship to protect the environment on which we all depend, now therefore be it RESOLVED, That the Tompkins County Legislature: 211 August 6, 2013 1. Expresses support for the year-long Two Row Wampum Renewal Campaign to Honor Native Treaties and Protect the Earth; 2. Joins the Two Row Campaign's call to keep hydrofracking out of New York State and expand other practices and policies to protect the environment; 3. Calls on the citizens of Tompkins County to build positive and respectful relations with their Native neighbors and with all Native Peoples; and 4. Calls on the State of New York to build positive and respectful relations with the Native Peoples within its borders and all Native Peoples. SEQR ACTION: TYPE I1-20 ********** Minutes of Previous Meeting 7/16/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 2] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Pamela Mackesey Adjournment The meeting adjourned at 9:45 p.m. 212 August 20, 2013 Regular Meeting Call to Order Chair 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 Title Member Member Member Kathy Luz Herrera Member Dooley Kiefer Member Michael Lane Vice Chair Status Present Present Present Present Present Present Pamela Mackesey Member Leslyn McBean-Clairborne David McKenna Frank Proto Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Present Member Present Member Present Member Present Member Present Chair Present Member Present Member Peter Stein Member Present Present Privilege of the Floor by the Public Robert Rogers, resident, spoke of the Employment and Training Act, an old program that was federally funded in the late 1970's and 1980's. He said it was through that program that he and many others received their G.E.D. (Graduate Equivalency Degree). He asked that the County bring this program back and stated that the $145,000 tax abatement that was granted to the Ithaca Brewery to add jobs could start 20 participants in the program at $9 per hour. Report from a Municipal Official(s) There was no Municipal Official present. Resolutions Added to and Withdrawn from the Agenda It was MOVED by Mr. Dennis, seconded by Mr. McKenna, and unanimously adopted by voice vote, to add to the agenda the resolution entitled In Support of Requests to New York State for Emergency Disaster Funding to Mitigate Damage Due to the Rainstorm on August 8-9, 2013 - Tompkins County - Including the City of Ithaca and the Towns of Enfield, Dryden, Groton, Ithaca, Lansing, and Ulysses and the Incorporated Village Within. There were no resolutions withdrawn from the agenda. Resolutions Approved Under the Consent Agenda 213 August 20, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-127: Budget Adjustment - Department of Emergency Response (ID #4311) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, the Tompkins County Legislature accepted multi-year State Homeland Security Program (SHSP) grants by Resolution No. 187 (ID 3646) of September 18, 2012, and WHEREAS, budget adjustments are made for each individual project undertaken with the grants, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance is authorized to make the following budget adjustments: Revenue Account 3410.43389 Other Public Safety $13,464 Expense Account 3410.51000049 Project Assistant $12,240 3410.58800 Fringes $ 1,224 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-128: Authorizing Acceptance of New York State Statewide Interoperable Communications Grant - Department of Emergency Response (ID #4310) WHEREAS, by Resolution Nos. 265, 266, and 267 of 2005, and by Resolution No. 52 of 2006, the Tompkins County Legislature undertook the development and construction of a countywide public safety communications system, and supporting infrastructure, and WHEREAS, the project anticipated participation, included plans, and reserved space to incorporate the then -developing Statewide Wireless Network (SWN) within the Tompkins County system, in an effort to establish inter -county, regional and statewide radio system interoperability, in partnership with the New York State Office for Technology (OFT), and WHEREAS, the New York State Office of Interoperable and Emergency Communications (OIEC), within the Division of Homeland Security and Emergency Services, as the successor to the OFT/SWN project, has established a Statewide Interoperable Communications Grant program to effectuate inter -county, regional, and statewide interoperability through the use of county -based radio networks, and WHEREAS, the OIEC has awarded Tompkins County $2,854,312 through the grant program and has forwarded a proposed contract to the County that requires no local cost share, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the grant offer from OIEC of $2,854,312 be and hereby is accepted and that the County Administrator is authorized to execute the required documents, 214 August 20, 2013 RESOLVED, further, That the Finance Director is authorized to establish a capital project in the following accounts: Revenue: Expense: SEQR ACTION: TYPE II -20 3414.43306 State Aid Homeland Security $2,854,312 $2,854,312 3414.59239 Construction * * * * * * * * * * Appointments Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Water Resources Council Jonathan Negley - Soil and Water Conservation District representative; terms expire December 31, 2013 Ithaca Metropolitan Planning Organization Policy Committee Will Burbank, Alternate Developmental Disabilities Subcommittee Heather Murphy - Community Member representative; term expires December 31, 2014 Strategic Tourism Planning Board Michael Mellor - At -large representative; term expires December 31, 2013 * * * * * * * * * * Planning, Energy, and Environmental Quality Committee Resolution 2013-129: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 130 of 2013: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement Stream Corridor Restoration and Flood Hazard Mitigation Program Projects (ID #4301) 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, in Resolution No. 130 of 2013 the Tompkins County Legislature would authorize the County Administrator or his designee to execute a contract with the Tompkins County Soil and Water District to implement projects identified through the Stream Corridor Restoration and Flood Hazard Mitigation Program, and would also be authorized to execute another agreement necessary for the County to implement, monitor, and protect the projects funded through this program, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an 215 August 20, 2013 Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Resolution No. 130 of 2013 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 130 of 2013. SEQR ACTION: Unlisted ********** Resolution 2013-130: Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement Stream Corridor Restoration and Flood Hazard Mitigation Program Projects (ID #4302) RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, 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 Tompkins County Legislature re-established the Stream Corridor Restoration and 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 2013, and WHEREAS, the Technical Committee for the Flood Hazard Mitigation Program has identified three projects 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 Tompkins County Legislature has reviewed and accepted as adequate Environmental Assessment Forms with respect to these projects, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the County Administrator or his designee be authorized to execute a contract with the Tompkins County Soil and Water Conservation District, in an amount not to exceed $25,000, RESOLVED, further, That the County Administrator or his designee is also authorized to execute other agreements necessary for the County to implement, monitor, and protect the projects funded by the Stream Corridor and Flood Hazard Mitigation Program. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) ********** Resolution 2013-131: Authorization to Disburse County Funds to the Housing Fund for White Hawk Ecovillage (ID #4299) It was MOVED by Ms. Chock, seconded by Mr. Proto, to approve the resolution as suggested by Ms. Kiefer to include the conditions as outlined in the motion below. Mr. Dennis believes the changes 216 August 20, 2013 appear to be substantive and expressed concern that the original resolution as recommended by the Committee was not offered. Mr. Wood ruled that the Chair of a Committee should offer the resolution as recommended by the Committee and Legislators should amend as needed at Legislature meetings. Ms. Chock withdrew her motion and offered the resolution as recommended by the Committee. It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution and add the WHEREAS below and add to the second Resolved "...That once the Planning Department is satisfied that the two above -enumerated conditions have been met....": "WHEREAS, the disbursement of any County funds shall not take place until two conditions are met, namely, that satisfactory evidence is submitted to the Tompkins County Planning Depaitnient: (1) that an agreement has been reached with a third -party affordable -housing agency to provide (a) income verification for the households building these affordable units and (b) monitoring of future sales/transfers of these affordable units in order to ensure they remain permanently affordable; and (2) that White Hawk Lane's flooding issue has been resolved in order to ensure that access will not be restricted due to flooding, now therefore be it" It was MOVED by Mr. Stein, seconded by Mr. Lane, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes - 5 (Legislators Chock, Kiefer, Mackesey, Robertson, and Robison). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes - 8 (Legislators Burbank, Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, and Proto); Noes - 7 (Legislators Dennis, Herrera, Pryor, Robertson, Robison, Shinagawa, and Stein). MOTION TO AMEND CARRIED. A vote on the resolution as amended was taken at this time. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Carol Chock, 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 Legislature through Resolution No. 2009-31, authorized funding for the Community Housing Affordability Program and the Community Housing Trust Program, jointly known as the Housing Fund, and WHEREAS, the Housing Fund assists with the pre -development costs associated with residential and mixed-use real estate development projects primarily benefiting low- and moderate -income households, and supports a housing trust designed to ensure that newly constructed or rehabilitated homes that are made available to low- to moderate -income households remain affordable to future generations of buyers, and WHEREAS, the Notice of Funding Availability was made available to interested parties with a deadline of May 23, 2013, and WHEREAS, three applications were received and reviewed by the Application Review Committee, which made formal funding recommendations for funding to the Housing Fund Program Oversight Committee, and WHEREAS, the Program Oversight Committee accepted and recommended that the following 217 August 20, 2013 proposal receive funding from the County, and Applicant(s) Project Dollar Amount Recommended Number of Affordable Units Location Proposed Sponsors Peterson/Seven Circles LLC White Hawk Ecovillage (Trust Program) $90,000 3 owner -occupied units Town of Danby Tompkins County , and WHEREAS, the disbursement of any County funds shall not take place until two conditions are met, namely, that satisfactory evidence is submitted to the Tompkins County Planning Department: (1) that an agreement has been reached with a third -party affordable -housing agency to provide (a) income verification for the households building these affordable units and (b) monitoring of future sales/transfers of these affordable units in order to ensure they remain permanently affordable; and (2) that White Hawk Lane's flooding issue has been resolved in order to ensure that access will not be restricted due to flooding, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Tompkins County authorizes the expenditure of its funds to support the White Hawk Ecovillage project as recommended by the Housing Fund Program Oversight Committee, RESOLVED, further, That once the Planning Department is satisfied that the two above - enumerated conditions have been met, the Director of Finance is authorized to make the following budget adjustment: Revenue: CD8695.42411 Program Income $90,000 Appropriation: CD8695.54400 Program Expense $90,000 RESOLVED, further, That the County Administrator or his designee is authorized to execute any necessary agreements for this grant program. SEQR ACTION: TYPE I1-9 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:28 p.m. The meeting reconvened at 7:42 p.m. Capital Plan Review Committee Resolution 2013-132: Authorizing an Amendment to the 2013-2017 Capital Program to Add a Project to Expand and Renovate the Human Services Building at a Cost of $1,550,000 and Execute a Contract with LaBella Associates for Architectural and Engineering Services (ID #4274) It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, to amend the two Whereases as follows: "WHEREAS, on June 12, 2013, LaBella Associates presented to the Capital Plan Review Committee a preliminary an estimated total project budget of $1,534,185 for the preferred design, and WHEREAS, although this project is not included in the County's Capital Improvement Plan, the on-going debt service cost of the project estimated at $112,000 annually borrowed at 20 years at 4% 218 August 20, 2013 interest will nearly be offset by approximately $100,000 in annual building, operation, and maintenance costs associated with the Day Reporting Program for as long as that program occupies the Old Library occupying the Old Library, and" It was MOVED by Mr. Proto, seconded by Mr. McKenna, to amend the resolution and add the following language: "upon sale of the Old Library building the proceeds will be applied to offset any expenses incurred by renovation the Human Services Building for this purpose." It was MOVED by Mr. Dennis, seconded by Mr. Burbank, to Call the Question on Mr. Proto's amendment. A voice vote resulted as follows: Ayes - 9 (Legislators Burbank, Dennis, Kiefer, Lane, McBean-Clairborne, Pryor, Robertson, Shinagawa, and Stein); Noes - 6 (Legislators Chock, Herrera, Mackesey, McKenna, Proto, and Robison). THE QUESTION WAS CALLED. A voice vote on Mr. Proto's amendment resulted as follows: Ayes - 2 (Legislators McKenna and Proto), Noes - 13. MOTION FAILED. It was MOVED by Mr. Burbank, seconded by Mr. Robison, to amend the amendment and remove the words: "for as long as the program occupies the Old Library" and replace them with the original language "occupying the Old Library". It was MOVED by Mr. Dennis, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes - 12, Noes - 3 (Legislators Kiefer, Mackesey, and McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment to the amendment: Ayes - 9 (Legislators Burbank, Chock, Lane, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, and Shinagawa); Noes - 6 (Legislators Dennis, Herrera, Kiefer, Mackesey, Proto, and Stein). AMENDMENT TO THE AMENDMENT CARRIED. A voice vote resulted as follows on the amendment as amended: Ayes - 13, Noes - 2 (Legislators Chock and Proto). AMENDMENT AS AMENDED CARRIED. A roll call vote was taken at this time on the resolution as amended. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Michael Lane, Vice Chair James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, Pryor, Robertson, Robison, Shinagawa, Stein David McKenna, Frank Proto WHEREAS, by Resolution 2010-117, the Legislature acknowledged the desirability of vacating the Old Library before major repairs and renovations were required, and directed staff to investigate alternative locations for the Records Center and the Community Justice Center (CJC), for both short-term and long-term relocation, and WHEREAS, as a part of its review of alternatives, the County commissioned LaBella Associates to develop a conceptual plan to expand and renovate the County's Human Services Building to accommodate all component elements of the CJC, namely the Family Treatment Court, Drug Court, and Day Reporting Program, and 219 August 20, 2013 WHEREAS, acting upon the Legislature's directive, the County has now successfully digitized records that are not required to be stored in paper form, allowing archival records to be stored in a cost- effective manner at a secure, off-site location, thereby eliminating the need for records storage in the Old Library, and WHEREAS, the County has diligently pursued alternative locations for the Community Justice Center for more than three years, and has successfully relocated the Family Treatment Court to the County Courthouse and Drug Court staff to existing space within the Human Services Building, leaving only the Day Reporting Program without a long-term location, and WHEREAS, after undertaking an exhaustive review of available real estate, it has been determined that there are not suitable alternative existing locations for the Day Reporting program, and WHEREAS, the Capital Plan Review Committee requested the County Facilities Division revisit and revise the 2011 LaBella Associates conceptual plan in order to incorporate the changes in space needs that have occurred since the LaBella plan was presented, and WHEREAS, upon review of two design alternatives presented to the Capital Plan Review Committee by LaBella Associates on May 8, 2013, the Committee directed the Facilities Management Division to prepare an estimate of the cost of the design alternative the Committee found preferable because of its lesser impact on existing programs that also occupy the ground floor of the Building, and WHEREAS, on June 12, 2013, LaBella Associates presented to the Capital Plan Review Committee a preliminary estimated total project budget of $1,534,185 for the preferred design, and WHEREAS, although this project is not included in the County's Capital Improvement Plan, the on-going debt service cost of the project estimated at $112,000 annually borrowed at 20 years at 4% interest will nearly be offset by approximately $100,000 in annual building, operation, and maintenance costs associated with the Day Reporting Program occupying the Old Library, and WHEREAS, after review of the plan and consideration of the preliminary cost estimate of the project, the Capital Plan Review Committee, the Facilities and Infrastructure Committee, and the Budget, Capital, and Personnel Committee have recommended amending the Capital Program to include the Human Services Building Expansion and Renovation project at a cost of $1,550,000 and commending the final design of the improvement by LaBella Associates, now therefore be it RESOLVED, on recommendation of the Capital Plan Review, the Facilities and Infrastructure, and the Budget, Capital, and Personnel Committees, That the Capital Program be amended to add the Expansion and Renovation of the Human Services Building at a cost of $1,550,000, RESOLVED, further, That the County Administrator or his designee be and hereby is authorized to execute an agreement with LaBella Associates for Architectural and Engineering Services in connection with the Expansion and Renovation Project for an amount not to exceed $186,000. SEQR ACTION: TYPE II -7 ********** Privilege of the Floor by the Public (continued) Stanley McPherson, City of Ithaca, spoke concerning the Living Wage issue and the toll it has taken on him. He said he and Mr. Webb are in attendance to impress upon the Legislature that it has been a long time since the issue was first raised. Although they know the County is trying to make things happen it is difficult for them as their wages are not enough money to do the things they need to do such as pay rent and other bills. He also said one of the managers where he works received a grant but the workers got nothing but it was their platform that they used. 220 August 20, 2013 Milton Webb, Mecklenburg Road, said there is a lot going on and he appreciates the work the County is doing. There are people who are barely surviving with the two or three jobs they have and they need to support their families. Individual Member -Filed Resolutions Resolution 2013-133: In Support of Requests to New York State for Emergency Disaster Funding to Mitigate Damage Due to the Rainstorm on August 8-9, 2013 — Tompkins County Including the City of Ithaca and the Towns of Caroline, Danby, Enfield, Dryden, Groton, Ithaca, Lansing, Newfield, and Ulysses and the Incorporated Villages Within (ID #4337) Mr. Proto commented that the resolution did not include three towns: Towns of Caroline, Danby, and Newfield and suggested they be added. This was accepted as friendly and the three towns were added to the resolution. Mr. Lane requested the resolution be sent all municipal clerks. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] David McKenna, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, for more than 50 years, the New York State Office of Emergency Management (NYS OEM) and its predecessor agencies have been responsible for coordinating the activities of all State agencies to protect New York's communities, the State's economic well-being, and the environment from natural and man-made disasters and emergencies, and WHEREAS, NYS OEM routinely assists local governments, voluntary organizations, and private industry through a variety of emergency management programs including hazard identification, loss prevention, planning, training, operational response to emergencies, technical support, and disaster recovery assistance, and WHEREAS, over the course of August 8 through August 9, 2013, several municipalities within Tompkins County experienced an extraordinary rainstorm that deposited more than five inches of rain in a short period of time, bringing the rainfall for the day to approximately six inches of water in total, and WHEREAS, as a result of the excessive rain that fell, municipal and County infrastructure, as well as the waterways within the County, received extensive damage, and WHEREAS, the damage that has occurred is estimated to exceed $500,000, with Tompkins County's portion estimated to be approximately $300,000, and WHEREAS, in addition to damages incurred by local governments within Tompkins County, facilities and infrastructure owned by the State of New York, particularly parks, trails, and highways, as well as properties of undetermined jurisdiction such as stream beds sustained substantial storm -related damage, now therefore be it RESOLVED, That the Tompkins County Legislature does hereby support requests by its 221 August 20, 2013 Highway Division to seek funding to mitigate the storm damage, RESOLVED, further, That the Tompkins County Legislature also supports requests by its local municipalities, including the City of Ithaca and the Towns of Caroline, Danby, Enfield, Dryden, Groton, Ithaca, Lansing, Newfield, and Ulysses, and the incorporated villages within to seek funding for their affected infrastructure and waterways, RESOLVED, further, That the Tompkins County Legislature does hereby support the allocation of State resources to repair damage to State parks, trails, and highways as well as in area waterways, RESOLVED, further, That a copy of this resolution be provided to Governor Andrew Cuomo, the State Emergency Management Office, Senators James Seward, Michael Nozzolio, and Thomas O'Mara, Assemblywoman Barbara Lifton, and the affected municipalities. SEQR ACTION: TYPE I1-20 ********** Health and Human Services Committee Resolution 2013-134: Authorization for Membership — New York State Association for Food Protection - Health Department (ID #4304) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, membership in the New York State Association for Food Protection provides the Health Department with an opportunity to participate in a professional organization whose main objective is to provide a forum where food/dairy industry companies/professionals can exchange information and ideas on improving and protecting the food supply, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Health Department is authorized to join the New York State Association for Food Protection, RESOLVED, further, That the Director of Finance is authorized to make the following transfer on his books: FROM: 4090.54412 Travel/Training $40 TO: 4090.54416 Memberships/Dues $40 SEQR ACTION: TYPE I1-20 Minutes of Previous Meeting 8/6/2013 Minutes * * * * * * * * * * 222 August 20, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [13 TO 2] Frank Proto, Member Peter Stein, 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 10:20 p.m. 223 August 29, 2013 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 Title Status Present Arrived Will Burbank Member Carol Chock Member Excused James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Excused _ Michael Lane Vice Chair 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 Excused Nathan Shinagawa Member Present Peter Stein Member Present Resolutions Resolution 2013-135: Extension of Additional One -Percent Sales Tax for Two Years - Increasing Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges Pursuant to Article 29 of the Tax Law of the State of New York in Order to Extend the Effective Date through November 30, 2015 (ID #4352) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Kathy Luz Herrera, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Carol Chock, Dooley Kiefer, Brian Robison Be it enacted by the Tompkins County Legislature of the County of Tompkins, as follows: SECTION I. The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. 224 August 29, 2013 On and after March first, nineteen hundred and sixty-seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 2015, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2015, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2015, the tax shall be at a rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who 225 August 29, 2013 manufactured, processed or assembled such property shall not be deemed a taxable use by him (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2015, in respect to the use of property used by the purchaser in this County prior to December 1, 1992. SECTION 5. This enactment shall take effect December 1, 2013. SEQR ACTION: TYPE I1-20 Adjournment The meeting adjourned at 5:44 p.m. * * * * * * * * * * 226 September 3, 2013 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 1 Title Status Arrived Will Burbank Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 6:01 PM David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present Martha Robertson _ Chair Present _ Brian Robison Member Present Nathan Shinagawa Member Absent Peter Stein Member Present Privilege of the Floor by the Public There was no member of the public who wished to speak. Presentation - Understanding the New Health Exchanges Under the Affordable Care Act by Jean McPheeters, Chamber of Commerce Executive Director, and Betty Falcao, Health Planning Council Program Director (ID # 4291) Mrs. McBean-Clairborne arrived at this time. Chair's Report, and Chair's Appointments Ms. Robertson announced the following appointments: Workforce Investment Board - Terms expire June 30, 2016 Jack Lance - Vocational Rehabilitation representative Lisa Patz - Business representative Lisa Holmes - Seniors Program representative Martha Turnbull - Business representative Mark Coldren - Business representative Lee Dillon - Community Based Organization representative 227 September 3, 2013 Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Leslyn McBean-Clairborne, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein ABSENT: Nathan Shinagawa Resolution 2013-136: Award of Bid — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, Town of Ithaca - PIN 3950.41 (ID #4330) WHEREAS, Resolution No. 79 of 2010 approved a project (P.I.N. 3950.41) to reconstruct the bridge carrying Forest Home Drive over Fall Creek (BIN 3047450) in the Town of Ithaca, with an average vehicle usage of 4,456 vehicles per day in 2008, and WHEREAS, Resolution No. 227 of 2007 approved the project as a federally aided project with federal Transportation Enhancement Program funding, and WHEREAS, Resolution No. 213 of 2008 authorized an agreement with the Town of Ithaca and Cornell University for shares of the funding necessary for the Project, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, four (4) bids were received and publicly opened on August 7, 2013, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Economy Paving Company, Inc., of Cortland, NY, lowest, responsible bidder, in the amount of $1,755,906.69, pending approval and confirmation of funding levels by the New York State Department of Transportation, RESOLVED, further, That the Highway Director be authorized to implement this bid and execute change orders with total values not to exceed 5% of the aforementioned bid amount on behalf of the County, funds to be provided from the Forest Home Capital Account (HZ 5103.59239.53.14). SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2013-137: Authorization to Execute a Supplemental Agreement for Construction Inspection and Support Services with Erdman Anthony — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, Town of Ithaca - PIN 3950.41 (ID #4331) WHEREAS, Resolution No. 79 of 2010 approved reconstructing the bridge carrying Forest Home Drive over Fall Creek (BIN 3047450), (the Project) (P.I.N. 3950.41), in the Town of Ithaca, with an average vehicle usage of 4,456 vehicles per day in 2008, and 228 September 3, 2013 WHEREAS, New York State Department of Transportation requires full-time construction inspection of federal aid projects, which is more time than Highway staff can allot, and WHEREAS, Erdman Anthony of 145 Culver Road, Suite 200, Rochester, NY, satisfactorily provided engineering design services and is qualified to provide construction engineering support and construction inspection services for the Project, and WHEREAS, Erdman Anthony is one of 15 engineering consultants that New York State Department of Transportation (NYSDOT) has fully qualified and authorized for such work in Tompkins County's region, and WHEREAS, County Highway Division staff has recommended Erdman Anthony as best qualified to provide construction inspection services for the Project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Erdman Anthony for Construction Inspection and Support Services in connection with the referenced Project for an amount not to exceed $165,000, for a total contract amount not to exceed $480,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 5% of the aforementioned total contract amount, funds to be provided from Capital Account HZ5103.59239.53.14 (Forest Home Capital Account). SEQR ACTION: TYPE II- 2 * * * * * * * * * * Resolution 2013-138: Budget Adjustment to Transfer Unanticipated Revenue from Sale of Equipment - Highway Division (ID #4327) WHEREAS, the Highway Division received higher than anticipated revenues from the sale of equipment in 2013, 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 2013: FROM: DM5130.42665 Sale of Equipment $8,514.00 TO: DM5130.52231 Vehicles $8,514.00 Explanation: The Highway Division Shop received higher than anticipated revenues from the sale of equipment, and the Highway Division is seeking approval for the money to be transferred to the highway vehicles budget for the purchase of a vehicle. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-139: Tax Roll Correction - Town of Ithaca (ID #4324) WHEREAS, this Legislature is informed that an error has been made on the 2011, 2012, and 2013 Town and County tax roll for Tompkins County, namely parcel 16.-2-6 in the Town of Ithaca assessed to the Secretary of Housing and Urban Development, which is a wholly exempt entity, was erroneously charged $2,840.43 in 2011, $2,836.01 in 2012, and $2,917.11 in 2013 for a combined total of $8,593.55 for Town and County tax bills. RESOLVED, on recommendation of the Government Operations Committee, That the entry on the Tompkins County tax roll be expunged for 2011, 2012, and 2013. SEQR ACTION: TYPE II -20 229 September 3, 2013 * * * * * * * * * * Public Safety Committee Resolution 2013-140: Authorizing the Use of Contingency Funds to Support the Additional Costs Incurred by OAR (Opportunities, Alternatives, and Resources) to Comply with New State Legislation Governing Charitable Bail Organizations Pursuant to Chapter 181 of Article 11 of the Insurance Laws of 2012 (ID #4316) Mr. Robison said the following Whereas should be deleted and added to Resolution No. 141 of 2013 as it relates to the bail fund: "WHEREAS, OAR has also advised the County that because of high levels of activity, the bail fund is not adequate to meet anticipated demands for assistance, and has requested the County provide $10,000 in additional funding to replenish the fund, and". He also said a reference to the specific Law should be included in the resolution and/or title. The Legislature agreed to the suggestions by Mr. Robison. This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Brian Robison, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, Tompkins County supports the goals and objectives of OAR, and realizes a direct financial benefit from the bail fund program through the reduction of the inmate population in the Jail, and therefore provides on-going financial support to OAR, and WHEREAS, New York State recently enacted legislation under the Insurance Law that creates new financial and administrative burdens for Charitable Bail Organizations, including OAR, and WHEREAS, OAR estimates that the changes imposed by the State will result in unbudgeted expenses for an application fee, licensing fees, testing costs, fingerprinting, and surety bonds for staff of $2,500 in 2013, and WHEREAS, OAR has no source of funding for this unbudgeted expense and has requested County funding to remain compliant with the new State law, and WHEREAS, upon review, the Public Safety Committee believes the supplemental funding is necessary to sustain programs provided by OAR and to remain compliant with State law, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the Tompkins County Legislature directs and authorizes the Director of Finance to make the following budget appropriation: FROM: TO: SEQR ACTION: TYPE II -21 1990.54400 Contingent Fund $2,500 6315.54400 Opportunities, Alternatives and Resources $2,500 * * * * * * * * * * 230 September 3, 2013 Resolution 2013-141: Appropriation from Contingent Fund - Bail Fund Program - OAR (Opportunities, Alternatives, and Resources) (ID #4336) The Legislature agreed to add the following Whereas to the resolution as mentioned in the discussion for Resolution No. 140: "WHEREAS, OAR has also advised the County that because of high levels of activity, the bail fund is not adequate to meet anticipated demands for assistance, and has requested the County provide $10,000 in additional funding to replenish the fund, and". This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Brian Robison, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, Opportunities, Alternatives, and Resources of Tompkins County (OAR) provides programs to constructively help restore and maintain clients inclusion in the community, assists clients navigate their needs within the Tompkins County Jail and with release plans, and also administers a bail fund that assists clients and their families to meet relatively low bail requirements (up to $2,500) while awaiting trial or disposition of their cases, and WHEREAS, in 2012, OAR provided bail assistance to 69 clients, resulting in an estimated $455,000 in averted board -out costs that would have otherwise been borne by the County, and WHEREAS, OAR has provided bail fund assistance to 36 clients to date in 2013, and WHEREAS, OAR has also advised the County that because of high levels of activity, the bail fund is not adequate to meet anticipated demands for assistance, and has requested the County provide $10,000 in additional funding to replenish the fund, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $10,000 TO: A6316.54400 Program Expense $10,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-142: Appropriation from General Reserve Fund for Purchase of STOP -DWI Fully Equipped Road Patrol Vehicle for the Tompkins County Sheriff's Office - STOP -DWI Program (ID #4322) In response to questions raised, Ms. Barber, STOP -DWI Coordinator, said the fully equipped STOP -DWI road patrol vehicle will be used for both alcohol and drug related traffic enforcement by the Sheriff's Department. In the future, there will be discussions about the purchase of another vehicle for this purpose to be used by another policy agency. She agreed to provide information about where the highest incidents of DWI arrests take place. This resolution was adopted by a short roll call vote. 231 September 3, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Robison, Member SECONDER: David McKenna, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein ABSENT: Nathan Shinagawa WHEREAS, the Tompkins County STOP -DWI Program is providing the Tompkins County Sheriff's Office with a STOP -DWI Road Patrol Vehicle to promote traffic safety enforcement throughout Tompkins County, and WHEREAS, there are reserved funds available through STOP -DWI fine money collected and that are to be used for promoting public safety, and WHEREAS, the transfer of funds for a STOP -DWI fully equipped vehicle has been approved by the New York State Governor's Traffic Safety Committee, and WHEREAS, the funds are intended to cover the cost for a STOP -DWI, fully -equipped Road Patrol vehicle, and WHEREAS, there are no budgeted funds within the 2013 STOP -DWI budget to cover these costs, 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 purchase of equipment: FROM: A4250 STOP -DWI Reserve Fund TO: A4250.52220 Departmental Equipment $40,000.00 $40,000.00 RESOLVED, further, That the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-143: Authorizing an Amendment to the 2013-2017 Capital Program to Add a Project to Renovate the Public Safety Building to Add Jail Capacity and Provide a Sheltered Outdoor Recreation Area at a Cost of $900,000 and Execute a Contract with LaBella Associates for Architectural and Engineering Services (ID #4315) Following discussion about the following Whereas being unclear, it was accepted as friendly amendment to remove it: "WHEREAS, LaBella Associates has estimated the cost of the plan to increase the Jail's capacity by an additional seven beds at $151,400, excluding the cost to provide alternative space for the Sheriff's Road Patrol and Civil Divisions, and". This resolution was adopted by a roll call vote. 232 September 3, 2013 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Brian Robison, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the Tompkins County Public Safety Building is a multi-purpose facility, housing the Sheriff's Road Patrol and Civil Divisions, as well as the Tompkins County Jail ("Jail"), and WHEREAS, under standards established by the New York State Commission of Corrections, the maximum capacity of the Jail is 75 inmates, and WHEREAS, the Commission of Corrections has granted the County, and has periodically renewed, a temporary variance that allows a maximum of 95 inmates to occupy the Jail, and WHEREAS, if the inmate population approaches the maximum capacity established by the Commission of Corrections, the County must board those inmates in jails operated by other counties, and WHEREAS, over the past five years, the County has had to board an average of 6.3 inmates per day, and over the past year has boarded an average of 8.4 inmates per day, as the result of capacity limitations and also State classification rules that require the separation of certain classes of inmates, and WHEREAS, the current cost to board a Tompkins County inmate in jails operated by other counties averages $80 per day, excluding the cost to transport the inmate to and from that facility, and WHEREAS, in 2012, the County spent $244,000 to board inmates in jails operated by other counties, and WHEREAS, upon the expiration of the term of each temporary variance, the State Commission of Corrections may unilaterally elect to deny an extension of that variance, causing a significant diminution of the authorized capacity of the Jail and a corresponding increase in the County's cost to board inmates in facilities operated by other counties, and WHEREAS, the State Commission of Corrections has communicated its expectation of progress in expanding the capacity of county jails that have been granted variances, and WHEREAS, the Tompkins County Sheriff has conceived a plan that would convert little -used program space within the Jail to a dormitory housing seven inmates, and to offset the reduction of internal program space with a sheltered outdoor recreation and program facility, and WHEREAS, at the request of the County Legislature's Capital Plan Review Committee, LaBella Associates undertook a preliminary design of that concept and found it to be feasible, compliant with State standards, and cost-effective, and WHEREAS, LaBella Associates has estimated the cost of that plan to increase the Jail's capacity by seven beds at $855,000, and WHEREAS, also at the request of the Capital Plan Review Committee, LaBella Associates undertook a preliminary design and cost estimation of other internal building modifications that would increase the Jail's capacity by another seven beds, provided that the Public Safety Building be used 233 September 3, 2013 exclusively for Jail purposes by relocating the Sheriff's Road Patrol and Civil Divisions to an alternative location, and WHEREAS, while such relocation of the Sheriff's Road Patrol and Civil Divisions is not now contemplated, it is most cost effective to simultaneously undertake the design of both the immediate renovation plan, and the potential future renovation plan, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That the Capital Program be amended to add the Renovation of the Public Safety Building and Construction of a Sheltered Outdoor Recreation area at a cost of $900,000, RESOLVED, further, That the County Administrator or his designee be and hereby is authorized to execute an agreement with LaBella Associates, PC., of Rochester, New York, for Architectural and Engineering Services in connection with the Expansion and Renovation Project, including the potential future renovation that would provide additional capacity, for an amount not to exceed $90,000, RESOLVED, further, That the Facilities Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned contract amount, funds being available in the appropriate capital account. SEQR ACTION: TYPE I1-21 ********** Recess Ms. Robertson declared recess at 8:18 p.m. The meeting reconvened at 8:31 p.m. Government Operations Committee Resolution 2013-144: Adopting the Report of the Library Structural Deficit Work Group and Extending Thanks to All who Contributed to the Report (ID #4338) RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the Tompkins County Public Library ("Library") is an important community resource that provides an array of programs and services without fee or charge, and WHEREAS, although the Library is an independent quasi -governmental entity, it does not have taxing authority nor other means of generating revenue sufficient to operate a central library and, therefore, relies primarily on Tompkins County for its revenue, and WHEREAS, in the wake of the severe economic recession in 2008, State and County funding for the Library was reduced, requiring the Library to make significant reductions in expenditures, including a 15% reduction in its workforce, and WHEREAS, in spite of those spending reductions, uncontrollable increases in employee health and pension costs as well as ordinary inflationary increases in expenditures have created a growing 234 September 3, 2013 budget gap, and WHEREAS, as a part of its 2013 budget, Tompkins County provided a significant increase in its contribution to the Library, but also identified the Library's structural deficit -or gap between recurring revenues and recurring expenditures -as a problem that requires attention and resolution in the near future, and WHEREAS, in response to that advisory, a work group consisting of three County Legislators, the County Administrator and staff, the Library Director and staff, and three members of the Library's Board of Trustees convened to review the Library's financial condition, including projections of future revenues and expenses, and WHEREAS, upon completion of this review, the work group prepared a series of findings and recommendations, and WHEREAS, the work group found that the Library's structural deficit will exceed $400,000 in 2014 and continue to grow beyond that level in the future, and WHEREAS, among its other major findings, the work group also concluded that the Library cannot further reduce staff or other operating expenses without creating a disproportionate reduction in the quality and diversity of programs it provides to County residents, and that existing revenue sources, such as philanthropic giving, are already at high levels, leaving the local property tax as the sole significant source of additional revenue, and WHEREAS, the work group has recommended that the County gradually, but steadfastly, increase its property tax support for the Library by at least $100,000 each year, using both Library and County reserves to address the costs of current Library operations that are not supported by recurring revenue, and WHEREAS, the work group has recognized that even with the recommended level of increased County contributions, the Library's current revenue model is not sustainable and that consideration must be given to the development of a more diverse revenue model that supports both current operations and those enhancements envisioned by the Library's Strategic Plan, and WHEREAS, the work group has, therefore, recommended the Library marshal the resources of an engaged Library Board of Trustees, Library Foundation, Friends of the Library, County, and other community leaders to consider a long-term fiscal strategy that will allow the Library to realize its vision and potential, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Legislature adopts the July 31, 2013, Report of the Library Structural Deficit Work Group and extends its thanks to all who contributed to the Report. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-145: Implementing Chapter 115 of the Laws of 2013 Which Amended the Tax Law to Allow Tompkins County to Use the Additional Mortgage Recording Tax for Mass Transportation (ID #4334) Discussion followed concerning the language in the law and resolution including wording changes suggested by Ms. Kiefer. Mr. Wood said the language in the resolution was approved by representatives at the State level and Legislators agreed not to make any changes. 235 September 3, 2013 It was MOVED by Mr. Stein, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 9 (Legislators Burbank, Dennis, Lane, McKenna, Proto, Pryor, Robertson, Robison, and Stein); Noes - 5 (Legislators Chock, Herrera, Kiefer, Mackesey, and McBean-Clairborne); Absent - 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ABSENT: ADOPTED [13 TO 1] James Dennis, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Dooley Kiefer Nathan Shinagawa WHEREAS, Section 253.2 of New York State Tax Law provides for an additional mortgage recording tax of $0.25 for each one hundred dollars and each remaining fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of the execution thereof, by a mortgage on real property situated within Tompkins County, as provided in the Tax Law Section 253.2, and further provides that a County may suspend the imposition of said tax by resolution, and WHEREAS, by Resolution No. 134 of 1969 the Tompkins County Legislature (then called the Tompkins County Board of Representatives) suspended the imposition of the tax and, while the suspension was intended to be temporary, it has remained in effect to the present day, and WHEREAS, Chapter 115 of the Laws of 2013, effective July 12, 2013, amended subdivision one of Section 261 of the Tax Law by adding a new subparagraph (j 1) which allows Tompkins County to retain the additional mortgage recording tax for mass transportation services, and WHEREAS, this Legislature desires to impose the additional mortgage recording tax for mass transportation purposes specifically to promote the services of local public bus operator TCAT, Inc., now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That Resolution No. 134 of 1969 is hereby repealed and the additional mortgage recording tax is hereby imposed, effective December 1, 2013, RESOLVED, further, That the additional mortgage recording tax shall be imposed and administered as provided in Chapter 115 of the Laws of 2013, RESOLVED, further, That this resolution shall take effect on December 1, 2013, (the first day of the third month succeeding this month), RESOLVED, further, That a certified copy of this resolution shall be mailed by registered or certified mail to the New York State Tax Commissioner at its office in Albany at least 60 days prior to the date that this resolution shall take effect, RESOLVED, further, That a certified copy of this resolution shall be served on the office of the New York State Comptroller in Albany. SEQR ACTION: TYPE II -20 236 September 3, 2013 * * * * * * * * * * Broadband Committee Ms. Chock asked where the County or municipalities stand as far as reaching the deficit. Ms. Pryor said she did not have the information but will bring back to the Legislature. Health and Human Services Committee Resolution 2013-146: Increase Pendant and Machine Replacement Fees for the Personal Emergency Response System Program (ID #4300) RESULT: ADOPTED [13 TO 1] MOVER: Frank Proto, Member SECONDER: Kathy Luz Herrera, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein NAYS: Dooley Kiefer ABSENT: Nathan Shinagawa WHEREAS, the Tompkins County Office for the Aging (COFA) administers the Personal Emergency Response System (PERS) Program to help older adults and persons with disabilities in Tompkins County remain safely in independent living, and WHEREAS, COFA has seen the cost of PERS pendants and machines rise over time, and WHEREAS, the current replacement charges to PERS clients for lost/damaged/unreturned PERS pendants and machines are $45 and $146, respectively, and WHEREAS, the replacement charges should take into account the cost of staff time and mileage for the service call to replace the equipment, and WHEREAS, the current replacement charges do not cover the cost to COFA for equipment replacement, staff time and mileage for the service call, and WHEREAS, the PERS Advisory Committee unanimously approved an increase in replacement fees for PERS pendants and machines on July 24, 2013, now therefore be it RESOLVED, on recommendation of the Health and Human Services, and the Budget, Capital, and Personnel Committees, That the County hereby raises the fees as follows: Replacement fee for one (1) Personal Emergency Response Pendant: $ 55.00 Replacement fee for one (1) Personal Emergency Response Machine: $190.00 SEQR ACTION: TYPE II -20 ********** Facilities and Infrastructure Committee Resolution 2013-147: Budget Adjustment to Transfer from Highway Fund Balance — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, Town of Ithaca - PIN 3950.41 (ID #4333) 237 September 3, 2013 It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution and add words "if needed" at the end of the Resolved. A voice vote resulted as follows: Ayes - 4 (Legislators Burbank, Kiefer, Mackesey, McBean-Clairborne); Noes - 10; Absent - 1 (Legislator Shinagawa). AMENDMENT FAILED. RESULT: ADOPTED [13 TO 1] MOVER: Peter Stein, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein NAYS: Dooley Kiefer ABSENT: Nathan Shinagawa WHEREAS, the Highway Division estimates higher than budgeted expenditures for the Forest Home Drive Bridge Reconstruction project, and WHEREAS, the Highway Division (D Fund) has adequate unassigned fund balance to cover the shortage, 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 2013: HZ FUND - HIGHWAY FACILITIES AND PROJECTS REVENUE ACCOUNT: HZ5103.45035.53.20 Interfund (D) $85,000 EXPENSE ACCOUNT: HZ5103.59239.53.20 Forest Home Capital Account $85,000 D FUND - COUNTY ROAD EXPENSE ACCOUNT: D5111.54802 Contribution to Construction $85,000 Explanation: The low bid received for construction is higher than estimated and higher construction inspection costs are also anticipated due to increased federal requirements. This budget adjustment increases the project budget by $85,000 and transfers the funds from the Highway Division (or D Fund). The net effect will reduce the fund balance in the D Fund by $85,000. SEQR ACTION: TYPE I1-2 * * * * * * * * * * Capital Plan Review Committee Mr. Lane, Chair, said the Committee will meet on September 11th and hopes to be able to have the appraisal done on Old Library but may need more time because it is a difficult to calculate the value of it without that information. Ms. Herrera asked what the next steps were in the process. Ms. Herrera said she has seen a lot of comment on a listserve and asked if there could be an opportunity for a public forum before a decision is made. Mr. Lane said he would bring this up for discussion by the Committee. 238 September 3, 2013 Government Operations Committee Resolution 2013-148: Approving Revisions to Policy 03-07: Moving Expenses Reimbursement (ID #4298) RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Pat Pryor, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, it is in the interest of Tompkins County government to have policies and procedures that are current, accurate, and consistent, and WHEREAS, the following administrative policy requires revision to more accurately reflect current or desirable regulations and procedures, and WHEREAS, this administrative policy has been reviewed and processed according to the guidelines of Policy 01-04: Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government, and WHEREAS, this policy also has been reviewed by the Budget, Capital, and Personnel and the Government Operations Committees, 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: 03-07 Moving Expenses Reimbursement SEQR ACTION: TYPE II -20 * * * * * * * * * * Minutes of Previous Meeting Recess 8/20/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: ABSENT: ACCEPTED [12 TO 2] Brian Robison, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer Nathan Shinagawa Ms. Robertson declared recess at 9:51 p.m. The meeting reconvened at 9:58 p.m. Executive Session 239 September 3, 2013 It was MOVED by Mr. Dennis, seconded by Mr. Robison, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter. An executive session was held from 9:58 p.m. and returned to open session at 10:05 p.m. Adjournment The meeting adjourned at 10:05 p.m. 240 September 17, 2013 Call to Order Mr. Lane, Vice 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 i Title Status Present Arrived _ Will Burbank Member Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present 5:35 PM Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Member Present _ Martha Robertson Chair Excused Brian Robison Member Present Nathan Shinagawa Member Present Peter Stein Member Present Presentation of Proclamations, Petitions, Communications, and Notices Mr. Lane read and presented a Proclamation declaring September 15, 2013, through October 15, 2013, as Latin/Latina Month in Tompkins County to Micah Martorell, President of the Latino Civic Association, and Fernando de Aragon. Ms. Mackesey arrived at this time. Privilege of the Floor by the Public Theresa Alt, City of Ithaca, spoke concerning the issue of a living wage and reminded Legislators that every time you vote on tax abatement for big business it has a multiplier effect in the community. It is the same as contractors paying living wages. Pete Myers, City of Ithaca, spoke concerning the issue of a living wage and said a rally was held in front of the building prior to this meeting. He spoke to the kind of workers who don't tend to earn a living wage. If one employer is going to be taken care of this year it really should be Re -community. Cathy Valentino, Town of Ithaca, spoke in support of a living wage for all people in Tompkins County. As the leaders of this community it is important for the Legislature to step forward and do this with contractors. It would be a great signal to all employers in this County. As former Town of Ithaca Supervisor she understands how much something costs, but believes the more we can build a living wage that money will come back to the community; families will be able to buy necessities such as food, clothing, vehicles, etc. She asked the Legislature to think of a living wage as an investment in the growth of the community. 241 September 17, 2013 Sharon Fox said she recently moved into the County and spoke concerning people that earn a living wage will be able to rest and have relaxation time which reduces stress and will allow people to be more productive. She said a living wage is not just what you are gaining but what you are preventing. Dave Turcon, a Trumansburg resident and teaches at IC, spoke of his research in Southern Africa on HIV and AIDS. In his research he is finding AIDS is not a clinical issue, it is a life security issue. People who live a life of insecurity and out of necessity find themselves in high-risk situations. In this Country, he related his research to people living a stressful life of those who earn a living wage versus those who do not. A person who does not earn a living wage cannot control their stress and it can lead to the release of cortisol in the body which leads to several diseases. A living wage leads to healthier lifestyles, better education, better fed children, etc. There are a lot of benefits and a lot of cost savings and spoke to the benefits this could bring to Ithaca as a community. Tyler Mitchell, Ithaca, believes a living wage needs to be prioritized in Tompkins County. This area is beautiful and diverse and needs to be accessible to the people who live here. He would like to make Tompkins County a model for the Country. Kathy Russell, Professor of Philosophy, called attention to one of her favorite bumper stickers "Living wage is a moral value". She said this is what is ethically right for the community to do and it is the Legislature's obligation as leaders to make this a moral community and consider adopting a living wage. Molly Beckert and Mimi Freeder, College students, spoke in support of contract employees earning a living wage. They believe a living wage is a morale wage and urged Tompkins County to set the standard for the State. Cynthia Brock, City Alderperson, spoke about law makers spending a lot of time and resources trying to address the issue of poverty. By enacting a living wage policy and carrying it through to the contractors it has the ability to address the issue of poverty. This is the power that the Legislature has in enacting the policy and carrying it forward to the County's contractors. Nancy Werany, Dryden resident who is running for County Legislature, spoke of her personal experiences and how people can work extra jobs if needed. It is up to private employers to set wages and people have the opportunity to work elsewhere. It is up to employers and not the government to pay. Daniel of Santa Barbara, California, and Cornell student, said there have been a lot of compelling arguments expressed. He said he is not convinced this is a moral or economic issue, but a political issue. He spoke about the crisis of legitimacy and said when they are asking for a living wage they are asking for dignity. Lisa Dugan, former Program Coordinator for the Friendship Network, said the organization provides food for 26 food pantries mostly in Tompkins County. Over a number of years, there has been an increase of 25% in the number of people going to these pantries. She spoke of some statistics and said the average CEO makes 350 times their average worker. New York State's minimum wage is $7.25 and the average salary is $15,080. If you times 350 and $15,080 it equates to $5,278,000. Report from a Municipal Official(s) There was no Municipal Official present who wished to speak. Report from the County Administrator Mr. Mareane presented the 2014 Tentative Budget to the Legislature and provided a PowerPoint 242 September 17, 2013 presentation on the highlights of that budget. Following the presentation Ms. Chock requested Mr. Mareane contact the Human Services Coalition to request a report on where human service agencies were in 2009 and where they are now fiscally. She also requested Mr. Sutherland provide her with a bar chart showing the increment of changes over the years. Recess Ms. Mackesey was excused at 7:28 p.m. Mr. Lane declared recess at 7:29 p.m. The meeting reconvened at 7:44 p.m. Resolutions 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, McBean- Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein EXCUSED: Pamela Mackesey, Martha Robertson Resolution 2013-149: Authorization to Increase Hours — WIC Clerks — WIC Program — Health Department (ID #4365) WHEREAS, the WIC (Women, Infants and Children) Program has funds available to increase the standard work week for two WIC Clerks, and WHEREAS, the WIC Program has 2.0 WIC Clerks, position numbers 448 and 525, (07/096), labor grade G, 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 positions of 2.0 WIC Clerks, position numbers 448 and 525, (07/096), labor grade G, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective October 1, 2013, RESOLVED, further, That no additional funds are required to accommodate this change, WIC is 100% grant funded. SEQR ACTION: TYPE II -20 * * * * * * * * * * Appointments Approved 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, McBean- Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Pamela Mackesey, Martha Robertson Community Mental Health Services Board 243 September 17, 2013 Khaki Wunderlich - term expires December 31, 2013 Susan G. Crowell - term expires December 31, 2014 Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Health and Human Services Committee Ms. Mackesey returned at 8:08 p.m. Resolution 2013-150: Resolution in Support of Establishing a Southern Tier New York State Office of Mental Health Region (ID #4368) 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, Robison, Shinagawa, Stein Martha Robertson WHEREAS, the New York State Office of Mental Health (OMH) has proposed a major redesign of the agency under a "Regional Centers of Excellence" (RCE) model; and has divided the State into five distinct regions (Western, Central, Hudson River, New York City, and Long Island) with fifteen Regional Centers of Excellence, and WHEREAS, the OMH plan in its current form designates the closure of all State -operated inpatient services at the Elmira Psychiatric Center and Greater Binghamton Health Center by July of 2014 and creates two Community Outpatient Service Hubs at those locations instead, and WHEREAS, the Greater Binghamton and Elmira Centers currently serve a largely rural population of nearly 1 5 million people in fifteen* counties of the Southern Tier and parts of the Finger Lakes, covering over 11,400 square miles, comprising nearly one-quarter of the State and mostly lacking access to public transportation, and WHEREAS, the OMH plan exclusively follows an urban "thruway corridor" model, requiring rural, often poor, residents of the Southern Tier to travel hours to urban areas along the New York State Thruway for inpatient care (Buffalo or Syracuse for adults and Buffalo or Utica for children), and WHEREAS, the United States Government has already designated many of the counties served by Elmira and Greater Binghamton to be "Federally Designated Underserved Areas," prior to the removal of inpatient services by OMH, and WHEREAS, the OMH plan removes 100% of the State -operated child and adolescent inpatient services from these fifteen rural counties, and would also leave these fifteen counties with no private hospital children's beds (under 12 years of age) and only six private hospital adolescent beds (ages 12-17) located in Tompkins County, and WHEREAS, the OMH plan removes 100% of the State -operated adult inpatient services from these fifteen counties and relies on only 1.45 private inpatient beds for every 10,000 people living in the fifteen counties served by Elmira and Greater Binghamton, and 244 September 17, 2013 WHEREAS, the OMH plan leaves local hospitals that predominately rely on public mental health services to choose between high-risk discharges or weeks of uncompensated care, while awaiting access to the urban Regional Center for Excellence, and WHEREAS, the Greater Binghamton and Elmira Centers are among the top -performing hospitals in OMH relative to access, quality, and productivity, providing timely access to a comprehensive array of high-quality child and adult acute, intermediate, residential, educational, clinic, and recovery -focused services, and WHEREAS, Greater Binghamton ranks first (#1) in OMH children's inpatient access (turnover) and Elmira ranks third (#3) in OMH adult inpatient access (turnover), outperforming all but one of the proposed "RCE's," and the Greater Binghamton and Elmira Centers are #1 and #3 (respectively) in OMH for children's discharges that are successfully followed by multiple outpatient visits, and WHEREAS, the Greater Binghamton and Elmira Centers began working together in late 2012 toward combining operational elements, reducing the duration of inpatient hospitalization and achieving joint efficiencies that are amongst the best in OMH, and WHEREAS, the Elmira and Greater Binghamton Centers have substantially achieved most of the access, quality, and productivity objectives ostensibly serving as the basis of the OMH Regional Centers of Excellence plan, and WHEREAS, though the Tompkins County Legislature largely supports the overall goals of the OMH plan, it is inadequate to meet the challenges of the most economically distressed part of the state, at a time when the need for mental health services is on the rise, and WHEREAS, research has shown improved outcomes in treatment for the individual with mental health illness when members of their family and/or support system can visit and participate in the treatment process as appropriate, and WHEREAS, under the OMH plan the distance that families and service providers would have to travel will cause a financial burden on families and community resources, and will likely negatively impact the outcome of the treatment intervention, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature urges the Commissioner of Mental Health, Governor Andrew Cuomo, the New York State Senate and the New York State Assembly in consultation with the appropriate Commissioners of Mental Health to support the inclusion of a Southern Tier OMH Region with a Southern Tier -based Regional Center(s) of Excellence, serving the Southern Tier and portions of the Finger Lakes. This would include continued access to child, adolescent, and adult inpatient and community services, managed under a locally responsive rural model, as an alternative to the exclusively urban thruway model currently under consideration, RESOLVED, further, That a copy of this resolution be forwarded to Governor Andrew Cuomo, Senators Seward, Nozzolio, and O'Mara, Assemblywoman Lifton, and the leadership of the New York State Senate and Assembly. *The fifteen counties in the proposed Southern Tier Region are as follows: - Delaware, Broome, Tioga, Chenango, Otsego (in the Central NY Region under the proposed OMH plan and currently in the GBHC catchment area) - Tompkins, Chemung, Steuben, Yates, Schuyler, Seneca, Wayne, Ontario, Allegany (in the Western NY Region under the proposed OMH plan and currently in the Elmira Psychiatric catchment area) SEQR ACTION: TYPE I1-20 245 September 17, 2013 ********** Resolution 2013-151: Budget Adjustment - Revenue Decrease for Title V - Office for the Aging (ID #4361) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Martha Robertson WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it WHEREAS, in accordance with the formula used by the Department of Labor, the number of eligible positions for Tompkins County's Senior Community Service for the Elderly Program (otherwise known as the Title V Program) decreased from 3 to 2 for July 1, 2013 -June 30, 2014; this cut in eligible subsidized positions is commensurate with a cut in funding of $6,195 in 2013, 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. 6775-44772 Federal Revenue 6775-44772 Federal Revenue SEQR ACTION: TYPE II -20 Approp Acct Title - $3,923 6775-51000060 - $2,272 6775-58800 * * * * * * * * * * Facilities and Infrastructure Committee Salary Fringes Resolution 2013-152: Budget Adjustment to Transfer from Highway Fund Balance to Reimburse Funding Expended to Address Storm Recovery — Highway Division (ID #4385) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the first Whereas as follows: "WHEREAS, the Highway Division as a result of damage caused by heavy rains on August 8th and 9th, 2013, has been forced to expend funds intended for 2013 Road Improvements Projects, and" A voice vote resulted as follows: Ayes - 6 (Legislators Burbank, Herrera, Kiefer, Mackesey, McBean-Clairborne, and Proto); Noes - 8 (Legislators Chock, Dennis, Lane, McKenna, Pryor, Robison, Shinagawa, and Stein); Excused - 1 (Legislator Robertson). AMENDMENT FAILED. The following vote was taken by a short roll call vote: 246 September 17, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Martha Robertson WHEREAS, the Highway Division as a result of heavy rains on August 8th and 9th, 2013, has been forced to expend funds intended for 2013 Road Improvements Projects, and WHEREAS, the total impact of the storm cost is estimated at $250,800; including $68,800 for Labor, $101,000 for Equipment, and $81,000 for Materials, and WHEREAS, the Highway Division is requesting that the materials portion of the storm cost be transferred from the Highway Fund Balance so that planned road improvements scheduled for this year will not be delayed, 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 2013: FROM: Highway Fund Balance TO: 5110.54312 Highway Materials SEQR ACTION: TYPE II -20 * * * * * * * * * * $81,000 $81,000 Resolution 2013-153: Authorization to Execute Construction Funding Agreement with New York State Department of Transportation (NYSDOT) — CR 109, Hanshaw Road Reconstruction, PIN 3753.25, Town of Ithaca (ID #4379) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Martha Robertson WHEREAS, a Project for the reconstruction of Hanshaw Road in the Town of Ithaca between Pleasant Grove Road and Sapsucker Woods Road, P.I.N. 3753.25, (the Project), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, Resolution No. 9 adopted on January 18, 2005, approved the Project and authorized execution of an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding, and WHEREAS, Resolution No. 167 adopted on September 4, 2007, authorized issuance of Design Approval for the Project, and 247 September 17, 2013 WHEREAS, the NYSDOT requires for locally administered projects that the County appropriate one hundred percent (100%) of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of Construction, 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 (100%) percent of the federal and non-federal share of the cost of Construction work for the Project or portions thereof, RESOLVED, further, That the sum of $5,315,000 is hereby made available within account HZ5103.59239.53.10, Hanshaw Capital Project Account, to cover the cost of participation in the construction phase of the Project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification from the NYSDOT thereof, 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 NYSDOT in connection with the advancement or approval of the Project, the administration of the Project, the municipality's first -instance funding of Project costs, permanent funding of the local share of federal -aid and state -aid -eligible Project costs, and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: Unlisted, Negative Declaration issued (No further action required) * * * * * * * * * * Resolution 2013-154: Authorizing Supplemental Consultant Agreement with C&S Companies for Full -Time Construction Observation and Contract Administration Services in Connection with the Perimeter Security Fence Improvements Project - Ithaca Tompkins Regional Airport (ID #4372) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 2] Peter Stein, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Carol Chock, Pamela Mackesey Martha Robertson WHEREAS, the Perimeter Security Fence Improvements project is expected to be completed during the fall of 2013, 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 $126,000.00, and 248 September 17, 2013 WHEREAS, the budget for said Construction Observation and Contract Administration services is as follows: Federal Aviation Administration (FAA) Share (90.0%) New York State Department of Transportation (NYSDOT) Share (5%) Local Share (5%) (Airport's Operational Budget) Total , now therefore be it $113,400.00 $ 6,300.00 $ 6,300.00 $126,000.00 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Companies for $126,000.00 be and hereby is approved, subject to FAA and NYSDOT funding being received, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $6,300.00 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 FAA and NYSDOT. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2013-155: Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Complete Perimeter Security Fence Improvements, Replace Snow Removal Equipment, and Design a Terminal Apron Expansion - Ithaca Tompkins Regional Airport (ID #4384) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Martha Robertson WHEREAS, the Tompkins County Legislature has approved awarding a contract for Perimeter Security Fence Improvements, Acquisition of Snow Removal Equipment, and Design of the Terminal Apron Expansion, and WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $1,425,600 to help finance said projects and equipment acquisition at the Ithaca Tompkins Regional Airport, and WHEREAS, the budget for these projects and equipment acquisition will be $1,584,000, and the financing is as follows: FAA Share (90.0%) Account No. HT 5601.44592 New York State Department of Transportation Share (5.0%) Account No. HT 5601.43592 249 $1,425,600 $ 79,200 September 17, 2013 Airport Operational Budget (5.0%) Account No. HT 5601.45031 Total , now therefore be it $ 79,200 $1,584,000 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $1,425,600 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -18 * * * * * * * * * * Resolution 2013-156: Award of Bid - Perimeter Security Fence Improvements - Ithaca Tompkins Regional Airport (ID #4371) RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] Peter Stein, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Carol Chock Martha Robertson WHEREAS the Airport's perimeter security fence dates back thirty years and erosion has caused fence foundations to be exposed and open up large gaps under the fence that can be accessed by animals, causing concerns for the safety of aircraft operations, and WHEREAS, the Finance Department advertised and received three (3) bids to construct the Perimeter Security Fence Improvements project, and WHEREAS, the Airport's engineering consultants, C&S Companies of Syracuse, have reviewed all the bids and found the lowest responsible bidder is New York State Fence Company of Hilton, New York, with a base bid of $753,125 plus $32,700 for Add -On No.1, being fine stone filling around existing fencing, and $105,300 for Add -On No.2, being the addition of two Turnstile Gates with Access Control, 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 New York State Fence Company of Hilton, New York, 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 plus Add -On No. 1 and Add-on No.2 are as follows: FAA Share (90.0%) $802,012.00 NYSDOT Share (5.0%) $ 44,556.50 Local Share (Airline Rates & Charges) (5.0%) $ 44,556.50 TOTAL $891,125.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with New York State Fence Company of Hilton, New York, 250 September 17, 2013 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 2013-157: Award of Bid - Customer Service Personnel (Airport Ambassadors) Contract - Ithaca Tompkins Regional Airport (ID #4318) RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Dooley Kiefer, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein EXCUSED: Martha Robertson WHEREAS, the Finance Department advertised a Request for Proposals for a two-year contract, with an option to renew for a further three years, to provide customer service and security services at the Ithaca Tompkins Regional Airport, and proposals were received, and WHEREAS, two bids were received, and WHEREAS, the proposal deemed to be most suitable and in the best interests of the Airport was received from Concierge Service Group, Inc., of Ithaca, New York, and WHEREAS, the cost of the two-year contract, commencing on October 1, 2013, will be as follows: Year One $181,389 Year Two $187,436 now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract be awarded to Concierge Service Group, Inc., of Ithaca, New York, and that the County Administrator be and hereby is authorized to execute said contract. SEQR ACTION: TYPE II -20 ********** Capital Plan Review Committee Ms. Herrera believes it would be great to hear from the public concerning the Old Library property. Mr. Lane said the Committee did discuss this and felt it would be best to move in the direction described above. Ms. Herrera said she is not suggesting a public hearing but community meetings similar to those held around the budget process. Mr. Lane said he would again bring this is up for discussion at the next meeting. Minutes of Previous Meeting 8/29/2013 Minutes 251 September 17, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Frank Proto, Member Pamela Mackesey, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robison, Shinagawa, Stein Carol Chock Martha Robertson 9/3/2013 Minutes 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, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Martha Robertson Adjournment The meeting adjourned at 9:16 p.m. 252 October 1, 2013 Call to Order Chair 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 y Title Status Will Burbank Member Present Carol Chock James Dennis Departed Member Present Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne 10:57 PM Member Present David McKenna Member Present Frank Proto Member Present Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Peter Stein Member Present Chair Present Member Present Member Present 10:57 PM Member Present Privilege of the Floor by the Public Joe Gibson, Coordinator of Big Brother/Big Sisters program at the Ithaca City Youth Bureau, informed the Legislature that as part of the 2014 budget there were some cuts made to the Tompkins County Youth Services funding that goes to this program. He realizes youth services is just one part of a very big budget and that this program is an even smaller part of the budget. In 2009 the program received $716,000 annually and each year after that there have been cuts; in 2014, it will be $36,000. This is a 70% reduction in the budget. He spoke of balancing the need to fund services for youth and balancing the tax burden on residents. He asked the Legislature to take a special look at this program. Tim Joseph, Town of Ithaca, spoke of the Biggs complex project on this evening's Legislature agenda. He thinks climate change is the biggest concern facing us and said he supports the project at this time. A climate friendly project is an important step to take and said this project is in a place where the Comprehensive Plan identified nodal development. He respects there are people who have a different view and think it should be closer to town but some of the opposition has taken on a disturbing and negative tone, some of which he believes to have been racist and offensive. It is important to say that kind of opposition and rhetoric is not acceptable and expects Legislators to stand up and say the same. Kathy Schlather, Executive Director of the Human Services Coalition, and member of the Community Advisory Committee, commented the Human Services Coalition is a lead agency that works on housing issues and discuss at length about the need for safe affordable housing in this community and housing that is linked to affordable transportation. She said the Biggs project is going to help people that are relied on in this community This is the type of housing that is needed for low and moderate income people who are spending the most money on transportation. She spoke of the time and care taken to develop this project; it is a great project and she hopes it moves forward. Ms. Schlather said she is also a 253 October 1, 2013 40 -year resident of the West Hill neighborhood and looks forward to this project. Allan Green, City of Ithaca Youth Bureau, invited everyone to participate in "Roll Safe" at Cass Park this weekend. He also spoke concerning the Big Brother/Big Sister program and the over -target request. He circulated a letter from White House that was written by President Bush in August of 1992 addressed to volunteers and staff of this program in Tompkins County. He provided the background history in a broad sense of the program and spoke of funding cuts and asked Legislators to contact him with any questions. Martha Armstrong, Tompkins County Area Development, Chair of the Planning Advisory Board, and a former architect, said she supports selling the Biggs property to developers to develop affordable housing. Often an affordable housing project will come to a community and people will say they don't want that project here. Everyone has to take responsibility for providing affordable housing. She thinks the location of the project is excellent; there is good transportation, water and sewer. Mike Koplinka-Loehr, Rescue Mission, thanked the Legislature for its commitment ten years ago to affordable housing and spoke in support of the Biggs project. He works for Rescue Missions where men who are working to transition from homelessness to the community and said last week they had three men graduate and began looking for a place to live. The three were unable to find an apartment any of them could afford in the downtown area. They have not moved out and are still looking for a place to live. They have succeeded in the program but have no housing option. Joanne Cipolla-Dennis, Ithaca, agreed and thanked Tim Joseph for his comments earlier in the meeting. She spoke about the Green Building Alliance and invited Legislators to an open house on Saturday on West Dryden Road. She thanked Ms. Kiefer for her words on the conversion of the gas plant and also thanked Ms. Chock for her words and leadership on climate change. In addition she thanked Ms. Robertson for running for Congress and said the County needs help. She displayed a picture of Sergeant Donna Johnson who was killed in Afghanistan. She said the Marriage Act needs to be signed and Congressman Tom Reed refuses to sign. Krys Cail, Town of Ithaca, said she lives near the proposed housing development. She made strong efforts to come to the Planning, Energy, and Environmental Quality Committee and explained it was a poor choice of location. At that time there was an active interest on the part of the community on South Hill that is better served by transportation and walkable for this kind of development. Her neighborhood is not made of up racists or elites, they are tradespeople like her. Her husband worked for an affordable housing agency until recently. The traffic problems are going to hurt low-income people who either own or rent housing along Route 96 and again said it is a very poor choice for location. Pat Dutt, West Hill resident, said people on the West Hill are not against affordable housing. She attended both of the Biggs property meetings for residents and asked that the sale of the property be rejected. She read the following statement: "I urge you to reject the sale of Biggs Property. My points follow: "1. The residents of West Hill, along with Town and City Representatives and Cornell are gathering for a visioning meeting this Friday. We began planning for this meeting in July, and to sell this property now will undermine our efforts to plan together for the West Hill; this will also send a strong message to West Hill residents that the Tompkins County Legislators are not interested in planning with the residents (who are the largest stakeholders on the West Hill) and not interested in supporting the West Hill, which is already a fractured and crime -ridden community. "2. The developer purports to help the poor, yet renters are not even allowed to buy their property for 15 years! Not 2 or 3, but 15 (and by that time, it is likely major repairs will be necessary) so that interest outside the community (wealthy individuals and corporation) can take tax breaks - for 15 254 October 1, 2013 years. In addition, anyone living out on the outskirts would need a car, and according to existing studies, a car costs $11,000 a year in Ithaca, hardly a throw -away sum for a poor family. "3. Even after repeated and direct questioning to the developer and a legislator: "What taxes will this development pay?" we have gotten no actual quantity. Either this project has not been thoroughly researched by any of the promoting parties, or there is a deliberate attempt to muddle the tax issue. We believe, after looking at the numbers (data we asked for, and was not given to us) that this development will be paying close to "0" in taxes for 15 years. If each unit would normally pay $4,000, and there are 60 units, 15 years, this equates to a loss of 3.6 million in tax dollars, hardly an insignificant sum especially when the Town and City must provide services to these 60 units. "4. We need to put a stop to the siphoning of wealth outside the community. We believe the time has come to explore this issue of using local developers, local workers and creating developments designed for our community and that can be integrated into our existing community We intend to raise this issue at our visioning meeting. "5. Before any more development occurs, we not only need to address the issue of infrastructure with the Town and the City, but we need to come up with solutions. "6. As other residents on the West Hill have suggested, I too urge you to consult The Minority Report which is on the West Hill website, http://ithacawest.org/wp/wp- content/uploads/2013/02/minorityreport-final.pdf. "7. We do not agree that the proposed development would be a "model" for other communities to emulate, we believe, rather, that the proposed development is a beginning, and we can do better, especially given the intellectual resources that Ithaca has at its fingertips." Linda Grace Kobas, representing the neighborhood of West Hill, said the people who live near the hospital and citizens who own their homes who are against a development and this proposal. If you want to talk about mitigating climate change you should not talk about taking away green space. She does not believe this process has been transparent at all. There is no information on where the developers are from, who they are, and how much is being proposed for the sale of the property. Also what tax incentives are there and where will properties go. The neighborhood has already been negatively impacted by overload projects. She commented on sustainability and said this would provide parking for hundreds of cars and will add major congestion to the parking complex causing problems for emergency access. She asked the Legislature to reject the proposal and to be more transparent. Jeff Shepardson, Connecticut Hill, announced a training sponsored by the Community Dispute Resolution Center and the Tompkins County Council of Governments to "Effectively Facilitating Heated Meetings" for elected and appointed officials to be held October 9, 16, and 23, 2013. There is no cost for these pilot sessions and they hope to expand and offer this Countywide in 2014. Greg May, Better Housing of Tompkins County, spoke in support of the development of the proposed Biggs development project. Better Housing's mission is to create better housing to create better communities. They have been in existence since 1981 and successfully manage 121 rental units. Herb Engman, Town of Ithaca Supervisor, spoke of the proposed Biggs project and said although he would prefer it in a different place, no appropriate site exists. If the proposal requires a change in zoning, it would come before the Town Board and if not it would go to the Town Planning Board and he thinks both of those boards would approve the project. He understands there have been concerns about a lot of development on West Hill, but he believes it is the right decision. He urged the Legislature to approve the project and said he thinks the Town will welcome it. Liz Walker, Co-founder of Ecovillage, said she has been working with Planning Department on a 255 October 1, 2013 Climate Showcase Communities Grant and spoke in favor of the Legislature selling the Biggs property and having it developed as a Climate Showcase Community. One of the goals has been for the project to create strong social ties, using the latest green building energy efficiency and renewable energy techniques, and preserving open space. Peter Bardaglio, Trumansburg resident, spoke in support of the proposed project and thinks it is vital and an opportunity to be a showcase in terms of a climate protection initiative. He believes people will be moving in from shorelines and this will set an important example for others. Andre Ozolins, Vinegar Hill Road, said he is a bicyclist and spoke in opposition to the proposed project. He does not think it is a good location and that it should be closer to the City. Virginia Marques, Dubois Road, commented on the amount of traffic on Route 96 and how long it takes her to commute. She spoke of how the quality of life will change for people who live in this neighborhood and once this project comes it will forever change the neighborhood. Report from a Municipal Official(s) Herb Engman, Town of Ithaca Supervisor, corrected a statement he made earlier and said there has been a major project in the West Hill area and that was the Ecovillage expansion. Today he said he received by e-mail a study that was done through a grant in collaboration with the City of Ithaca on smart growth. The City and Town in collaboration with a group called Better Cities and Towns will be applying for two other grants to expand the Form Based Zoning for the entire Town and as much of the City as possible. It is hoped to eventually have the same type of Form Based Zoning as the City so there can be a standard way of looking at things for residents, developers, etc. He believes the ownership of Emerson will soon be resolved and a developer will repurpose that facility. He reported the Town's Comprehensive Plan is close to completion and public hearings will be scheduled and the environmental impact statement will be done. The Town is also in the middle of its budget season and the tentative budget was presented to the Town Clerk at a 3.85% tax levy increase. He said this is not as low as they would like it, but it is extremely difficult for the Town to raise money. He spoke of the struggles and specific areas that were cut. Dan Kline, Town of Danby Board Member, said the Town will be beginning to accept Conservation Easements from landowners in Danby. This is a contract between an individual landowner and the Town and the landowner gives up the right permanently to develop and build houses on the property, but is able to continue farming, cut trees, etc. The landowner would be eligible for tax credits at the State and Federal level. A public meeting on this topic will be held on November 9th for any Danby resident and information will be provided. Government Operations Committee Resolution 2013-158: Appropriation from Contingent Fund - Online Application - Assessment Department (ID #4375) This resolution was adopted by a short roll call vote. 256 October 1, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, consistent with the directives of Resolution No. 217 of 1999, the County has provided for a dual tier internet access application, providing an enhanced database to the professional real estate community, and WHEREAS, the Department of Assessment has researched new online database solutions as a result of losing our seamless integration with the County Clerk's office and have found that no comparably priced solution is available, and WHEREAS, the Department of Assessment has not paid a maintenance contract with our current provider Systems Development Group (SDG) since 2010, and WHEREAS, by upgrading to the latest version of SDG's Imagemate Online product, this will provide for an easy-to-use system for the public to continue to access the assessment data online, and WHEREAS, the SDG Outpost module will provide for an easier way to upload and manage photographs from our tablets and it will also allow for field staff to make data changes to the RPSv4 Database from a standard web browser interface, and WHEREAS, there are no funds within the Department of Assessment to pay the cost associated with this expense, 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 in 2013: FROM: A1990.54400 Contingent Fund $33,000 TO: A1355.52230 Computer Software $24,400 A1680.52202 Network Components $8,600 SEQR ACTION: TYPE I1-20 ********** Facilities and Infrastructure Committee Resolution 2013-159: Award of Bid - Pilot Residential Food Scrap Collection Program (ID #4381) Mr. Proto asked about the funding and asked what part of the budget it is. Ms. Eckstrom said it is part of the recycling budget. Mr. Proto clarified that the annual recycling fee paid by residents is covering the cost of this. Ms. Eckstrom agreed and said all costs related to recycling come from the annual recycling fee except disposal related items. Mr. Proto requested a breakdown of the budget relating to this topic be distributed. 257 October 1, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Leslyn McBean-Clairborne WHEREAS, Tompkins County has set a goal of diverting 75% of the solid waste stream by reduction, reuse, and recycling, and WHEREAS, by Resolution 2013-116, dated August 6, 2013, the County entered into a contract with P&S Excavating -Cayuga Composting, LLC (Trumansburg, New York) for food scrap recycling into compost for a term of not less than three (3) years, and WHEREAS, a pilot curbside collection service is an integral part of the County residential food scrap recycling program that also will include drop-off sites, and WHEREAS, the Department of Finance -Division of Purchasing has duly advertised bids for the Tompkins County Solid Waste Management Division, and WHEREAS, one (1) bid was received and publicly opened on September 11, 2013, and Casella Waste Systems, Inc., is the lowest responsible bidder and was within the budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for pilot food scrap curbside recycling collection be awarded to Casella Waste Systems, Inc., of 1180 Elmira Road, Newfield, NY 14867, for the period from November 15, 2013, through December 31, 2015, at a cost of $161,505, RESOLVED, further That funds are available in the Solid Waste Management Division's budget, Account 8164.54442. SEQR ACTION: TYPE II -20 * * * * * * * * * * Government Operations Committee Resolution 2013-160: Approval of Budget Transfer — Information Technology Services Department (ID #4397) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution as highlighted below: 1St Whereas WHEREAS, the Information Technology Services Department has requested to shift funds placed in the salary and fringe line items to other line items, and 3rd and 4th Whereas WHEREAS, the Information Technology Services Department desires to use these funds to allow staff to complete a necessary migration and upgrade of the Tompkins County Human Resources/Payroll system, hardware and server operating system, and WHEREAS, the Information Technology Services Department agrees that any unspent or unencumbered funds at the end of the 2013 fiscal year resulting from this budget transfer will not be 258 October 1, 2013 eligible for any 2014 rollover requests, now therefore be it Add 2nd Resolved RESOLVED, further, That should any Professional Services Contract(s) be required in connection with this project the County Administrator will review and approve same and is authorized to sign any such contract(s). A voice vote on the amendment resulted as follows: Ayes - 9 (Legislators Chock, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, and Robison); Noes - 6 (Legislators Burbank, Dennis, Herrera, Pryor, Robertson, and Stein). AMENDMENT CARRIED. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Information Technology Services Department has requested to shift funds placed in the 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 WHEREAS, the Information Technology Services Department desires to use these funds to allow staff to complete a necessary migration and upgrade of the Tompkins County Human Resources/Payroll system, hardware and server operating system, and WHEREAS, the Information Technology Services Department agrees that any unspent or unencumbered funds at the end of the 2013 fiscal year resulting from this budget transfer will not be eligible for any 2014 rollover requests, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following transfers be made to the 2013 Budget: From 1680.51000622 Salaries 1680.51000542 Salaries Amount $30,650 $25,000 To 1680.54442 1680.52202 1680.52206 Amount Professional Services $33,150 Network Components $ 8,500 Computer Software $14,000 RESOLVED, further, That should any Professional Services Contract(s) be required in connection with this project the County Administrator will review and approve same and is authorized to sign any such contract(s). SEQR ACTION: TYPE II -9 * * * * * * * * * * Resolution 2013-161: Adoption of Intermunicipal Tompkins Shared -Services Electronic Records Repository (TSSERR) Group Agreement and Bylaws (ID #4396) 259 October 1, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein Brian Robison WHEREAS, it is desirable that a permanent group be established to continue with the work undertaken by the Tompkins Shared -Services Electronic Records Repository (TSSERR), and WHEREAS, the Tompkins Shared -Services Electronic Records Repository Group drafted and adopted Intermunicipal Tompkins Shared -Services Electronic Records Repository (TSSERR) Group Agreement and Bylaws, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins Shared Services Electronic Records Repository (TSSERR) Group is hereby established as an oversight group reporting to the Legislature's standing committee responsible for Government Operations, and that the Intermunicipal Tompkins Shared -Services Electronic Records Repository (TSSERR) Group Agreement and Bylaws dated June 26, 2013, be adopted and filed with the Clerk of the Legislature. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-162: Authorization to Accept a Grant from the State Archives - County Clerk (ID #4395) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the County Clerk's Office has been notified of a shared -services grant award from the State Archives in the amount of $150,000, and WHEREAS, this State Archives shared -services grant represents a project for the Tompkins County Clerk's Office to partner with the Towns of Caroline, Danby, Ulysses, and the City of Ithaca 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 1,171,207 permanent minutes, city attorney files and building permits (using Challenge Industries as the vendor), the upgrade and expansion of the County's data storage capacity, 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: 260 October 1, 2013 BUDGET ADJUSTMENT APPROPRIATION: A1410.54442 Professional Services $150,000 REVENUE: A1410.43089 Other State Aid $150,000 SEQR ACTION: TYPE II -20 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:32 p.m. The meeting reconvened at 7:46 p.m. Planning, Energy, and Environmental Quality Committee Resolution 2013-163: Determining that Certain Real Property Located on Harris B. Dates Drive in the Town of Ithaca is No Longer Needed for Public Use (ID #4345) It was MOVED by Ms. Kiefer, seconded by Mr. Burbank, to amend the resolution as follows: Third Whereas WHEREAS, in conjunction with the relocation of the Health Department to a renovated building located on leased land at 55 Brown Road, the County's property was divided into three parcels in order to allow the County to consider the disposition of specific portions of the larger parcel, and Add Whereas WHEREAS, this remaining parcel can be used both as a location to help meet the County's need for affordable, resource -efficient housing and preserve green space, in furtherance of the County's Comprehensive Plan, and Add Whereas WHEREAS, the County after an Request for Proposal process has identified a developer with whom it is negotiating to sell this property, providing certain contingencies can be satisfactorily addressed such as meeting the standards of the Climate Showcase Community Grant, satisfactorily making it through the Town of Ithaca Review process, creating permanent protection for the undeveloped wooded portion of the property, and obtaining sufficient financing to complete the project, and It was MOVED by Mr. Lane, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Legislators Chock, Kiefer, Mackesey, and Robertson). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes - 8 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, Proto, Robertson, and Shinagawa); Noes - 7 (Legislators Herrera, Lane, McBean-Clairborne, McKenna, Pryor, Robison, and Stein). AMENDMENT CARRIED. A roll call vote was taken as follows for this resolution. 261 October 1, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [11 TO 4] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Kathy Luz Herrera, Pamela Mackesey, Leslyn McBean- Clairborne, Peter Stein WHEREAS, the County is the owner of certain real property located in the Town of Ithaca and designated as Tax Parcel No. 24.-3-2.222, on Harris B. Dates Drive, said 25.52 -acre parcel being otherwise known as part of the Biggs property, and WHEREAS, the parcel was originally a part of a larger, 35.43 -acre County parcel that included the Biggs B Building, located at 401 Harris B. Dates Drive, that housed the Depailinent of Health, and WHEREAS, in conjunction with the relocation of the Health Department to a renovated building located on leased land at 55 Brown Road, the County's property was divided into three parcels in order to allow the County to consider the disposition of specific portions of the larger parcel, and WHEREAS, by Resolution 2010-77, dated May 18, 2010, the County sold one of the three parcels, an 8.99 -acre parcel that includes the Biggs B building, to Cayuga Medical Center, and WHEREAS, by Resolution 2013-105, dated July 2, 2013, the Legislature authorized the sale of the 0.92 acre parcel known as K -House, located at 402 Harris B. Dates Drive, and WHEREAS, this remaining parcel can be used both as a location to help meet the County's need for affordable, resource -efficient housing and preserve green space, in furtherance of the County's Comprehensive Plan, and WHEREAS, the County after an Request for Proposal process has identified a developer with whom it is negotiating to sell this property, providing certain contingencies can be satisfactorily addressed such as meeting the standards of the Climate Showcase Community Grant, satisfactorily making it through the Town of Ithaca Review process, creating permanent protection for the undeveloped wooded portion of the property, and obtaining sufficient financing to complete the project, and WHEREAS, there is no other County purpose for this remaining parcel, now therefore be it RESOLVED, on recommendation of the Government Operations, and the Planning, Energy, and Environmental Quality Committees, That it is hereby determined that the 25.52 -acre parcel of land as described above and bordered by Harris B. Dates Drive, Indian Creek Road, and Dubois Road, is no longer needed for public use at the time of sale and can be returned to the tax rolls at that time. SEQR ACTION: TYPE 11-20 * * * * * * * * * * Resolution 2013-164: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 165 of 2013: Authorizing the Sale of Property Located on Harris B. Dates Drive in the Town of Ithaca (ID #4346) 262 October 1, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Kiefer, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera, Pamela Mackesey WHEREAS, in Resolution No. 165 of 2013, the Tompkins County Legislature authorizes the County Administrator to execute all contracts and documents related to the sale of 25.52 acres of wooded vacant Tompkins County property as part of the plan to vacate the Biggs B building and the relocation of the Health Department, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, and WHEREAS, that Environmental Assessment Form notes the existence of a National Wetlands Inventory (NWI) and an intermittent stream, both of which the developer is to appropriately buffer, now therefore be it RESOLVED, on recommendation of the Government Operations, and the Planning, Energy, and Environmental Quality Committees, That Resolution No. 165 of 2013 is an unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 165 of 2013. SEQR ACTION: UNLISTED (Short EAF on file with the Clerk of the Legislature) * * * * * * * * * * Resolution 2013-165: Authorizing the Sale of Real Property Located on Harris B. Dates Drive in the Town of Ithaca (ID #4347) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to table the resolution until the next meeting in order to allow whatever happens at the Visioning meeting on October 4th to be heard by all Legislators. She wants the opportunity that if something develops at that meeting that it can be added to the project. A voice vote resulted as follows on the motion to table: Ayes - 4 (Legislators Herrera, Kiefer, Mackesey, and Stein); Noes - 11. MOTION TO TABLE FAILED. It was MOVED by Mr. Lane, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Legislator Chock). THE QUESTION WAS CALLED. Ms. Kiefer said she supports the project, but she also supports listening to residents. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [11 TO 4] Carol Chock, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa Kathy Luz Herrera, Dooley Kiefer, Pamela Mackesey, Peter Stein WHEREAS, in anticipation of vacating the Biggs B Building as a part of the relocation of the 263 October 1, 2013 Health Department to new quarters in a renovated building on leased land located at 55 Brown Road in the Cornell Business Park, the County contemplated the sale or lease of the surrounding property and anticipated the proceeds of such a sale or lease to support a portion of the cost of renovating the Brown Road building, and WHEREAS, upon consultation with the Planning Advisory Board as well as the Legislature's Government Operations, Facilities and Infrastructure, and Planning, Energy, and Environmental Quality Committees, the County subdivided its parcel into three separate parcels, one of which consists of approximately 25.52 acres of wooded land; another includes the building commonly known as the K - House and approximately 0.92 acres of surrounding land located at 402 Harris B. Dates Drive; and the third consists of the Biggs B Building and approximately 8.99 surrounding acres of land located at 401 Harris B. Dates Drive, and WHEREAS, by Resolution 2010-77, dated May 18, 2010, the County authorized the sale of the 8.99 acre Biggs B parcel to the Cayuga Medical Center, and WHEREAS, by Resolution 2013-105, dated July 2, 2013, the County authorized the sale of the K -House property located at 402 Harris B. Dates Drive, to Mr. Joerg Schulmann, and WHEREAS, in keeping with the plan to dispose of the entire Biggs site and in consultation with the Planning, Energy, and Environmental Quality Committee and the Town of Ithaca, the County issued a Request for Proposals (RFP) for sale or lease of the remaining 25.52 acres of vacant land on July 13, 2012, and received a proposal from NRP Properties, LLC, Cleveland, OH, in partnership with Better Housing for Tompkins County on October 9, 2012, and WHEREAS, in accordance with the RFP that proposal offered $500,000 for the property contingent on certain conditions being met including obtaining of financing, land use approvals, and infrastructure availability, and WHEREAS, the RFP recognized that expenses for off-site improvements might need to be incurred to support approval of the project, including for pedestrian and transit improvements to serve the site, and offered the County's willingness to provide a credit to the developer for such approved expenses, and WHEREAS, the Agreement for Sale will contain contingencies and be in compliance with the major elements of the developer proposal, including receipt of all required planning and zoning approvals from Town of Ithaca, the purchaser's ability to obtain financing for the project, and availability of required infrastructure, and WHEREAS, the purchase offer is in excess of the appraised value of the parcel and the value set in the RFP was reviewed by the County's Director of Assessment and found to be fair and reasonable based on current market values, and WHEREAS, the process followed in the sale of this parcel is compliant with Chapter 19-1 of the County Code governing the sale or lease of County Property, now therefore be it RESOLVED, on recommendation of the Government Operations, and the Planning, Energy, and Environmental Quality Committees, That the County Administrator is hereby authorized to execute any and all documents, including providing credits for approved off-site improvements, to complete the sale of the Biggs property, Town of Ithaca tax parcel 24.-3-2.222, to NRP Properties, LLC., Cleveland, OH. SEQR ACTION: UNLISTED Chair's Report ********** 264 October 1, 2013 Ms. Mackesey and Mr. Shinagawa were excused at 10:57 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Peter Stein, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Pamela Mackesey, Nathan Shinagawa Resolution 2013-166: Appointment of Election Commissioner for 2014-2015 (ID #4392) WHEREAS, Election Commissioner Elizabeth Cree's term is due to expire December 31, 2013, and WHEREAS, the Tompkins County Republican Committee, at its September 12, 2013, meeting recommended Elizabeth W. Cree for reappointment to a two-year term, now therefore be it RESOLVED, on recommendation of the Tompkins County Republican Committee and the Government Operations Committee, That Elizabeth W. Cree be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 2014, and ending December 31, 2015. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Health and Human Services Committee Resolution 2013-167: Appropriation from Contingent Fund — Terminal -Pay Reimbursement — Health Department (ID #4366) This resolution was adopted by a 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, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Pamela Mackesey, Nathan Shinagawa WHEREAS, the Health Department had a resignation of a Community Health Nurse effective August 9, 2013, and WHEREAS, the Health Department has had a Senior Public Health Sanitarian retire effective June 3, 2013, and convert unused fringe time to health insurance premium, and 265 October 1, 2013 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund to be paid to the Department, 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 A4016.51000580 A4016.58800 A4090.51000607 A4090.58800 SEQR ACTION: TYPE I1-20 Contingent Fund Community Health Nurse Fringes Senior Public Health Sanitarian Fringes * * * * * * * * * * Budget, Capital, and Personnel Committee $ 17,903 $ 7,900 $ 4,574 $ 3,438 $ 1,991 Resolution 2013-168: Scheduling a Public Hearing on the 2014 Tompkins County Budget and the 2014-2018 Tompkins County Capital Program (ID #4373) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Pamela Mackesey, Nathan Shinagawa WHEREAS, the tentative 2014 Tompkins County Budget and the 2014-2018 Tompkins County Capital Program are scheduled to be adopted on October 29, 2013, 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 121 East Court Street, Ithaca, New York, on Tuesday, November 12, 2013, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2014 Tompkins County Budget and the 2014 - 2018 Tompkins County Capital Program. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 Minutes of Previous Meeting 9/17/2013 Minutes ********** 266 October 1, 2013 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 Adi ournment The meeting adjourned at 11:22 p.m. 267 October 15, 2013 Call to Order Ms. Robertson, Chair, called the meeting to order 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 Attendee Name Title_ Status Will Burbank_ Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Excused Michael Lane Vice Chair Present Pamela Mackesey Member Present 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 Brittanie Earle, Ithaca, spoke on behalf of and in support of the Youth Services Big Brother Big Sister Program. She has worked with the program for six months and spoke to the power of mentoring. She said the program is geared toward preventing unfortunate pitfalls at risk youth face. The majority of youth served are at risk and in need of these services. Kevin Kelly, Opportunities, Alternatives, and Resources (OAR) Board President, thanked the Legislature for the $3,000 in proposed funding for 2014. That money will allow the agency to continue the current caseload through the year; however, he expects that with the expansion of the Jail, the caseload will increase. He spoke briefly about the cuts in staff over the last few years during the recession, and believes in 2015 OAR will be requesting additional funding to bring back the staff levels to the level of staff four years ago. He also commented that OAR is a living wage employer. Pete Myers, Coordinator of the Tompkins County Workers' Center, said the Worker's Center is filing the first installment of petitions with the Legislature with the signature of Tompkins County residents only. Carl Foyer distributed copies of the petition that includes 1157 signatures and states: "The Tompkins County Workers' Center is working to ensure that all businesses and organizations that contract with Tompkins County, or receive economic or community development assistance, are required to pay all of their workers at least a Living Wage, as defined and updated by Alternatives Federal Credit Union every two years. "By signing below, I attest to my strongly held belief that ALL workers employed by businesses sub -contracting with Tompkins County must receive at least a Living Wage. I affirm my willingness to 268 October 15, 2013 pay a small increase in County taxes to subsidize local nonprofit agencies that truly cannot afford to pay all of their workers at least a Living Wage, if necessary. "I also attest to my strongly held belief that all recipients of County economic development assistance and/or community development assistance should be required to pay their workers at least a Living Wage." Mr. Myers said after reviewing the proposed County budget for 2014 online, he noticed an increase in the Contingency Fund Balance and commented that the additional $115,000 could go toward a living wage for contracted employees of Tompkins County. He congratulated Tompkins County for being the first largest certified living wage employer with over 750 employees. Reverend Rich Rose, First Baptist Church, also spoke in support of a living wage and referenced a famous story in the Bible and how it relates to the issue. He emphasized the moral and ethical responsibility of the Legislature to see that everyone who works hard in Tompkins County receives a living wage and that hard work should be rewarded. People should not have to struggle and work two jobs. Report from a Municipal Official(s) Dan Kline, Town of Danby Board Member, gave a preliminary report of the Town of Danby's proposed budget. The proposed budget represents a 0.3% decrease in the tax rate. The Town has scheduled budget meetings followed with a public hearing on November 7`h Privilege of the Floor by the Public (continued) Stanley Wes McPherson, City of Ithaca, spoke concerning the Living Wage and commented on the companies that are making millions of dollars and their employees who are not earning a living wage and are living in poverty. He said they know they are making the companies money and the economy for Tompkins County is moving. The County signed a ten-year contract with his employer and can pass a resolution to put a bill in place based on a living wage. The County is a living wage employer. Resolutions Added to and Withdrawn from the Agenda There were no resolutions withdrawn from or added to the agenda. Resolution(s) Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Kathy Luz Herrera, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein EXCUSED: Dooley Kiefer, Leslyn McBean-Clairborne Resolution 2013-169: Authorizing Social Services to Accept Grant and Contract with Child Development Council for 'FAR Public -Private Partnership' (ID #4414) WHEREAS, the New York State Office of Children and Family Services has awarded the Department of Social Services a grant providing funding for a one-year program working with the Child Development Council in a `Family Assessment Response (FAR) Public -Private Partnership', and 269 October 15, 2013 WHEREAS, the Partners will work with the subset of families engaged with Family Assessment Response/Child Protective Services, where there is at least one child less than 5 years old and at least one parent less than 26 years old who also was once a foster child, and WHEREAS, the Partners will work together to assist the young parents to become self-sufficient, improve their educational status, their parenting and problem solving skills, and the developmental outcomes of their children, and WHEREAS, both the Department and the Council are ready and eager to commence this work, 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 work with and pay the Child Development Council as outlined above, RESOLVED, further, That the Director of Finance make the following adjustments to Social Services' 2013 budget: Revenue: 6010.54400 Program Expense $101,031 Appropriation: 6010.43610 NYS: Social Services Admin. $101,031 SEQR ACTION: TYPE II -20 ********** Resolution 2013-170: Payment of Multi -Year Tourism Capital Grants - 2013 (ID #4391) 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, the TCAD review committee recommended the following projects to 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 Economic Development 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 2013 Tourism Capital Grant Budget Entity Project Date of Res. 2013 2014 2015 Resolution No. 270 October 15, 2013 Cayuga Nature Center Improvements for Enhanced Programming 3/15/11 33 S29,000 $25,000 $12,000 Kitchen Theatre Bold New Space Renovation 6/16/09 104 $25,000* Hangar Theatre A Hangar for All Seasons Renov. 6/16/09 104 $25,000* Finger Lakes Land Trust Emerald Necklace Access Enhancement Project 7/17/12 143 5,000* Chamber of Commerce Foundation Cayuga Waterfront Trail: interpretive panels and Crew Cove Overlook 3/20/12 47 10,000* Sciencenter Expansion and renovation of Live Animal Gallery 3/20/12 47 10,000 5,000 TOTAL $104,000 * denotes final payment SEQR ACTIONS: Cayuga Nature Center - TYPE I1-20 Kitchen Theatre - TYPE 11-20 Hangar Theatre - TYPE II -20 Cayuga Waterfront Trail - TYPE I1-7 Sciencenter - TYPE II -1 Finger Lakes Land Trust - UNLISTED (See Neg Dec Resolution #2012-142) * * * * * * * * * * Resolution 2013-171: Designation of Tourism Promotion Agency for State (ID #4390) 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, the Strategic Tourism Planning Board has reviewed the matter with appropriate agency representatives, 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 271 October 15, 2013 RESOLVED, on recommendation of the Economic Development 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 2013-2014, and RESOLVED, further, That the Director of the ITCCVB report to the Economic Development Committee if change occurs in state tourism funding requirements. SEQR ACTION: TYPE I1-20 ********** Appointment(s) Approved Under Consent Agenda RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Kathy Luz Herrera, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne Criminal Justice Advisory/Alternatives-to-Incarceration Board Amber Driscoll - Mediation Services representative; term expires December 31, 2013 Family Court Advisory Council Vardine (Jeri) Gallocci - At -large representative; term expires December 31, 2015 Marisa Matsudaira - Family and Children's Services representative; term expires December 31, 2013 ********** Public Safety Committee Resolution 2013-172: Budget Adjustment - Emergency Response (ID #4420) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Brian Robison, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Emergency Response Appropriation Acct 3411.54425 3411.52220 3411.54311 Title Service Contracts Departmental Equipment Maintenance Amount -$29,000 $21,000 8,000 Explanation: The Department of Emergency Response must replace its bank of uninterrupted power 272 October 15, 2013 supply (UPS) batteries at the Emergency Response Center as these have reached end of life and can no longer be maintained or serviced. The Department has reduced and/or deferred various service contract expenses in order to fund this purchase which is out to bid. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-173: Creation of Positions - Department of Emergency Response (ID #4421) It was MOVED by Mr. Dennis, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes - 9; Noes - 4 (Legislators Chock, Herrera, Mackesey, and Robison); Excused - 2 (Legislators Kiefer and McBean-Clairborne). THE QUESTION WAS CALLED. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [12 TO 1] Brian Robison, Member David McKenna, Member Burbank, Chock, Dennis, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Kathy Luz Herrera Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, the Department of Emergency Response is periodically awarded grant monies to fund special projects, and WHEREAS, these projects often require the assignment of temporary staff to meet grant and program goals, and WHEREAS, the Department recently received a major State grant to expand the County's interoperable public safety communications network, but lacks the authority to create Project Assistant positions to assist with Computer Aided Dispatch (CAD) mapping, Geographic Information Systems (GIS) functions integration, and other duties required to implement the project, and WHEREAS, the efficient and effective implementation of the interoperable grant and prospective future grants would be aided by the creation of two Project Assistant positions that would allow individuals to be hired on a temporary basis and upon the receipt of grant funds to support the position, and WHEREAS, the Department of Emergency Response also requires minimum staffing levels to properly operate the 911 Center, and the current number of authorized dispatching positions only satisfies these staffing levels when all the positions are filled, and WHEREAS, as a result, the Department can hire dispatch staff only when a vacancy actually occurs, resulting in significant overtime costs and employee stress as the responsibilities of a departed employee must be assumed by existing employees during the several month period in which a new hire undergoes training, and WHEREAS, the Department will realize cost savings and reduced employee stress if the Department is provided the flexibility to hire new dispatchers on a pre -fill or temporary basis and begin their many months of training as soon as new vacancies are anticipated, and WHEREAS, the Department will require no additional personnel or fringe monies for the creation of these temporary positions, now therefore be it 273 October 15, 2013 RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel Committees, That two positions of Project Assistant (76-049) and two positions of Emergency Services Dispatcher (12-1551) are hereby created effective immediately for use in special projects and to occasionally and temporarily meet minimum dispatch staffing levels, subject per policy to the County Administrator's approval, RESOLVED further, That no further funding is required. SEQR ACTION: TYPE II ********** Recess Ms. Robertson declared recess at 7:29 p.m. The meeting reconvened at 7:42 p.m. Health and Human Services Committee Resolution 2013-174: Budget Adjustment to Accommodate the Early Home Energy Assistance Program Outreach - Office for the Aging (ID #4405) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Frank Proto, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, the Office for the Aging has been awarded $11,281 from the Department of Social Services to use toward processing Home Energy Assistance Program (HEAP) applications for households who received a HEAP benefit during the 2012-2013 heating season, and WHEREAS, the Office for the Aging must use these funds to cover HEAP expenditures incurred during the period August 1, 2013 - September 30, 2013, 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 to his books: Office for the Aging Revenue Account Title Amt Approp Acct Title Amt 6778-41972 Charges -Program $11,281 6778-51000517 Salary $4,268 For Aging 6778-51000529 Salary $2,501 6778-51000541 Salary 347 6778-58800 Fringe 4,120 6778-54452 Postage 45 Explanation: For the previous two years, the Office for the Aging was awarded funding for the processing of applications for households who received a HEAP benefit during the previous heating season. Due to uncertainty as to whether COFA would receive this funding for the 2013-2014 season, it was not included in COFA's 2013 budget. COFA received notification two weeks ago from DSS that early HEAP funding was again available this year with the stipulation that the funding be used to cover 274 October 15, 2013 expenditures for the period August 1, 2013 -September 30, 2013, rather than the September lst-November 30th period as in past years. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2013-175: Authorization of Lease Agreement with Tompkins County Soil and Water Conservation District for Space Within the Tompkins County Public Works Facility (ID #4387) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, the Tompkins County Soil and Water Conservation District (the "District") is an autonomous governmental entity that operates under the New York State Soil and Conservation Law, and WHEREAS, the District exists to provide for the conservation of the County's soil and water resources and provides a broad array of programs that prevent soil erosion, assist in the control of floods, improve drainage and irrigation of agricultural lands, and further the conservation, quality utilization, and disposal of water, and WHEREAS, while independent of the Tompkins County (the "County"), the District serves an environmental and economic development role of significant importance to the County, and often works in conjunction with County departments and agencies to achieve mutual objectives, and WHEREAS, in addition to providing direct financial support through a budget appropriation, the County has leased space for the District's operations and has fully supported the cost of that lease which is approximately $36,100 per year, and WHEREAS, as a part of the District's efforts to identify efficiencies and economies, the District has advised the County of its interest in relocating its operations to currently unutilized space on the second floor of the County's Public Works facility located at 170 Bostwick Road, Ithaca, New York, and WHEREAS, in response to the District's interest, the County has reviewed the feasibility of the proposal, and found that the District's office space needs can be fully accommodated within the Public Works facility without diminishing, impairing, or interfering with any County operation within the facility, and WHEREAS, the County does not have a feasible near- or long-term alternative use for the space, and WHEREAS, in addition to addressing the District's space needs, a presence within the Public Works facility will also enable the District to have access to contemporary communications and data systems available within the facility, shared facilities such as conference and storage space, as well as proximity to Highway Division staff who, as anticipated in the Soil and Water Conservation Law, often work with the District on projects of mutual interest, and 275 October 15, 2013 WHEREAS, by locating the District in the Public Works facility, the County will be relieved of the cost of providing rented space to the District, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure, and the Planning, Energy, and Environmental Quality Committees, That the County Administrator or his designee is hereby authorized to sign a five-year lease agreement with the Tompkins County Soil and Water Conservation District for approximately 800 square feet of dedicated space on the second floor of the County's Public Works facility, plus access to specified common areas, at a cost of $1 plus any charges for communications and technology services for a five-year period running from November 1, 2013, through October 31, 2018, with either party able to terminate the agreement upon twelve months' notice, and with an option to extend that lease for successive five-year terms upon the mutual agreement of the parties. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Planning, Energy, and Environmental Quality Committee Resolution 2013-176: Appropriation from Contingent Fund - Terminal -Pay Reimbursement - Planning Department (ID #4403) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, 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 Planning Department had a Secretary retire effective July 27, 2013, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund to be paid to the Depal tment, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality and the Budget, Capital, and Personnel Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 TO: A8020. 51000671 A8020.58800 SEQR ACTION: TYPE II -20 Contingent Fund Secretary Fringes * * * * * * * * * * $7,118.84 $4,466.02 $2,652.82 Resolution 2013-177: Urging Continuing the Moratorium on High -Volume Hydraulic Fracturing and to Advance a Renewable Energy Economy in New York State (ID #4413) Following discussion, it was MOVED by Mr. Stein, seconded by Mr. Lane, to amend the 7th Whereas as follows: "WHEREAS, in addition to emissions of carbon dioxide and other heat -trapping gases associated with gas development activities, HVHHF gas development releases methane in the atmosphere, which is •• which is particularly potent on a 276 October 15, 2013 20 -year timescale and 25 times on a 100 year timescale, thereby making the process and, along with other gases produced by fossil fuels, potentially disastrous for climate change, in the short- and long- term, and" It was MOVED by Mr. Lane, seconded by Mr. Dennis, to Call the Question on the amendment. A voice vote resulted as follows: Ayes - 10; Noes - 3 (Legislators Chock, Herrera, and Mackesey); Excused - 2 (Legislators Kiefer and McBean-Clairborne). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes - 5 (Legislators Chock, Lane, Proto, Pryor, and Stein); Noes - 8 (Legislators Burbank, Dennis, Herrera, Mackesey, McKenna, Robertson, Robison, and Shinagawa); Excused - 2 (Legislators Kiefer and McBean-Clairborne). MOTION TO AMEND FAILED. Following further discussion, it was MOVED by Mr. Lane, seconded by Mr. Stein, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes - 3 (Legislators Chock, Mackesey, and Robertson); Excused - 2 (Legislators Kiefer and McBean-Clairborne). THE QUESTION WAS CALLED. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [9 TO 4] Carol Chock, Member Pamela Mackesey, Member Burbank, Chock, Luz Herrera, Lane, Mackesey, Proto, Pryor, Robertson, Shinagawa James Dennis, David McKenna, Brian Robison, Peter Stein Dooley Kiefer, Leslyn McBean-Clairborne WHEREAS, New York State has historically led the nation in matters of advancing social progress, including the abolition of slavery, women's suffrage, civil rights, and environmental stewardship, and WHEREAS, scientific evidence shows that the heavy industrial process of unconventional gas extraction by high-volume horizontal hydraulic fracturing (HVHHF) poses serious risk of water contamination'', air pollution'', and health impacts', and WHEREAS, the New York State Medical Society, representing 30,000 medical experts, the American Academy of Pediatrics of New York, the American Lung Association of New York, and many independent medical experts and scientists have called on Governor Andrew Cuomo and the New York State Legislature to continue New York's moratorium on HVHHF and to conduct further health studies including a comprehensive health impact assessment", and WHEREAS, data from Pennsylvania and the gas industry on well -casing integrity show an immediate 5% or higher failure rate' and as much as 50% or more over 30 years"" raise serious concerns of water contamination, and WHEREAS, HVHHF threatens to negatively impact property valuesxiii", disrupt municipal tax bases, and could effectively create an additional unfunded state mandate - as has been raised by the New York State Association of Counties' - by imposing costs and strains on municipalities such as road damage' and increased demands on municipal services, etc., and WHEREAS, research on the economic and social impacts of hydraulic fracturing raises concerns regarding increased crime rates'"'"' and hazards for first responders, as well as an influx of workers' who send their paychecks out-of-state while raising local rental housing prices and disrupting existing 277 October 15, 2013 businesses and economies, and WHEREAS, in addition to emissions of carbon dioxide and other heat -trapping gases associated with gas development activities, HVHHF gas development releases methane in the atmosphere, which is at least 72 times more potent in the atmosphere than carbon dioxide on a 20 -year timescale and 25 times on a 100 -year timescale"", thereby making the process potentially disastrous for climate change', and WHEREAS, New York communities have been significantly affected by the impacts of Hurricanes Irene and Sandy as well as lesser storms including Tropical Storm Lee, extreme weather events that are connected to/exacerbated by climate change due to increases in heat -trapping gases in the atmosphere'', costing New Yorkers tens of billions of dollars in damages and lost business opportunities'', and WHEREAS, significant action is necessary to address climate change, action that the federal government has to date failed to take, including energy conservation and advancing a clean energy infrastructure and making a significant economic transition to renewable energy sources, and WHEREAS, we need to expand local employment opportunities in our communities and for our young people in sustainable, safe, long-term jobs and careers, and invest in industries that will create jobs for decades to come - in contrast to reliance on the "boom to bust" economic cycle associated with extraction of non-renewable resources'', ° ", and WHEREAS, expansion of renewable energy and energy efficiency present the opportunity to create a significant number of jobs for New Yorkers and for New York State' to lead the nation on a visionary energy policy that will protect our water, air, land, and public health while developing climate solutions, and WHEREAS, Governor Cuomo's Administration has already demonstrated leadership on innovative clean energy programs including the investment of $1.5 billion in New York Sun'', opening 360 electric vehicle charging stations that will be available for both the public and county fleet vehicles'', and establishing the active Regional Economic Development Councils, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Tompkins County urges Governor Cuomo and the New York State agencies in the Executive branch that he leads to continue the de -facto moratorium on high-volume horizontal hydraulic fracturing, complete and disseminate all studies, especially the New York State Department of Health review/assessment/study on public health impacts of HVHHF, allot sufficient time for public comment on new studies, take into account such public comment, and focus on taking swift action in developing and adopting an economic development plan that will significantly reduce the State's greenhouse gas emissions as well as rapidly create and deploy renewable energy and energy -efficiency programs throughout municipalities in New York State, RESOLVED, further, That Tompkins County stands ready to work with the Governor to achieve these goals that will in the process create safe, sustainable jobs for New Yorkers and pioneer the path forward for the nation to solve the climate crisis and provide real, clean solutions for generations to come, RESOLVED, further, That copies of this resolution will be sent to Governor Andrew Cuomo, the appropriate State and Federal Representatives and Department Heads, New York State Association of Counties, New York State Association of Towns, and New York State Conference of Mayors. SEQR ACTION: TYPE I1-20 1 Christopher Crockett, "Methane in Pennsylvania Groundwater May Originate in Fracked Gas Wells," Scientific American (June 28, 2013), Available «http://www.scientificamerican.com/article.cfm?id=> methane-in-pennsylvania-duke-study>. " Stephen G. Osborn, Avner Vengosh, Nathaniel R. Warner, and Robert B. Jackson. "Methane Contamination of Drinking Water 278 October 15, 2013 Accompanying Gas -well Drilling and Hydraulic Fracturing." Proceedings of the National Academy of Sciences of the United States of America. N.p., n.d. Web. <http://www. n icholas. d u ke. ed u/hyd rofracki n g/Osborn %20et%20a 1 %20 %20 H yd rofracki ng %202011. pdf> Legere, Laura. "Sunday Times Review of DEP Drilling Records Reveals Water Damage, Murky Testing Methods." Thetimes- tribune.com. The Times -Tribune, 19 May 2013. Web. 28 Aug. 2013. <http://thetimes-tribu ne.com/news/sunday-times-review-of-dep-drilling-records-reveals-water-damage-murky-testing-methods- 1.1491547>. Gerken, James. "Texas Barnett Shale Study Finds Elevated Levels Of Heavy Metals Near Natural Gas Extraction Sites." The Huffington Post. TheHuffingtonPost.com, 26 July 2013. Web. 28 Aug. 2013. <http://www. huffingtonpost.com/2013/07/26/texas-barnett-shale-study_n_3659907. html>. Lustgarten, Abrahm. "Buried Secrets: Is Natural Gas Drilling Endangering U.S. Water Supplies?" Pro Publica. Propublica.org, 13 Nov. 2008. Web. 28 Aug. 2013. <http://www.propublica.org/article/buried-secrets-is-natural-gas-drilling-endangering-us-water-supplies-1113>. " Weinhold, Bob. "The Future of Fracking: New Rules Target Air Emissions for Cleaner Natural Gas Production." EHP. Ehp.niehs.nih.gov, 2 July 2012. Web. 28 Aug. 2013. <http://ehp.niehs.nih.gov/120-a272/>. v" Song, Lisa. "Hazardous Air Pollutants Detected Near Fracking Sites." Bloomberg.com. Bloomberg, 03 Dec. 2012. Web. 28 Aug. 2013. <http://www. bloomberg.com/news/2012-12-03/hazardous-air-pollutants-detected-near-fracking-sites. html>. "' Finkel, Madelon L., PhD, and Adam Law, MD. "The Rush to Drill for Natural Gas: A Public Health Cautionary Tale." National Center for Biotechnological Information. Ncbi.nlm.nih.gov, May 2011. Web. 28 Aug. 2013. <http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3076392/#bib8>. Ix Brown, David. "Assessing the Risks of Fracking." Times Union. Timesunion.com, 9 Mar. 2013. Web. 28 Aug. 2013. <http://www.timesunion.com/opinion/article/Assessing-the-risks-of-fracking-4342593.php>. x "Letters to Governor Cuomo." Concerned Health Professionals of NY. Concernedhealthny.org, 27 Feb. 2013. Web. 28 Aug. 2013. <http://concernedhealthny.org/letters-to-governor-cuomo/>. xl Ingraffea, Anthony R., Ph.D, P.E. "Fluid Migration Mechanisms Due to Faulty Well Design And/or Construction: An Overview and Recent Experiences in the Pennsylvania Marcellus Play." Physicians Scientists & Engineers for Healthy Energy. Psehealthyenergy.org, Jan. 2013. Web. 28 Aug. 2013. <http://www.psehealthyenergy.org/data/PSE_Cement_Failure_Causes_and_Rate_Analaysis_Jan_2013_Ingraffeal .pdf>. x" Claudio Brufatto et al, "From Mud to Cement - Building Gas Wells," Oilfield Review 15.3 (Autumn 2003, 62-74. Notte, Jason. "Fracking Leaves Property Values Tapped out." MSNMoney.Msn.com, 21 Aug.2013. Web. 28 Aug.2013. <http://money. msn.com/now/post--fracking-leaves-property-values-tapped-out>. xlv Muoio, Danielle. "Duke Researchers Show Dip in Home Value Caused by Nearby Fracking." The Duke Chronicle. Dukechronicle.com, 16 Nov. 2012. Web. 28 Aug. 2013. <http://www.dukechronicle.com/articles/2012/11 /16/duke-researchers-show-dip-home-value-caused-nearby-fracking>. xv Elected Officials to Protect New York. "Elected Officials to Protect NY Declares Fracking a New Unfunded Mandate." Nyelectedofficials.org, 6 Feb. 2013. Web. 28 Aug. 2013. <http://www. nyelectedofficials.org/elected-officials-to-protect-ny-declares-fracking-a-new-unfu nded-mandate/>. x" Reilly, Steve. "Document Estimates Fracking's Toll on N.Y. Roads: Repairs Could Cost Hundreds of Millions Annually, It States." Pressconnects.com. Pressconnects.com, 26 July 2011. Web. 28 Aug. 2013. <http://www. pressconnects.com/article/20110726/N E WS01 /107260384/Document-estimates-fracking-s-toll-N-Y-roads>. xvii Kirkpatrick, Rich, and Jack Lewis. "Increased Gas Drilling Activities Bringing New Challenges to Local Governments in Pennsylvania." PR Newswire. Prnewsire.com, 24 May 2013. Web. 28 Aug. 2013. <http://www. prnewswi re.com/news-releases/i ncreased-gas-dri 1l ing-activities-bringing-new-chat lenges-to-local-govern ments-in- pennsylvania-94774764. html>. xviii Needles, Zack. "Must Crime Follow Pennsylvania's Gas Drilling Boom?" Pittsburgh Post -Gazette. Post-gazette.com, 15 Aug. 2011. Web. 28 Aug. 2013. <http://www. post-gazette.com/stories/business/legal/must-crime-follow-pen nsylvanias-gas-d ril ling -boom -310373/>. xix Ellis, Blake. "America's Boomtown: North Dakota Housing Crunch." CNNMoney. Cable News Network, 21 Oct. 2011. Web. 28 Aug. 2013. <http://money.cnn.com/2011/10/21/pf/america_boomtown_housing/index.htm?iid=EL>. xx United States Environmental Protection Agency. "Methane Emissions." EPA. Environmental Protection Agency, 31 July 2013. Web. 28 Aug. 2013. <http://www.epa.gov/climatechange/ghgemissions/gases/ch4.html>. xxl Schiffman, Richard. "Methane Leaks of Shale Gas May Undermine Its Climate Benefits." The Christian Science Monitor. The Christian Science Monitor, 23 June 2013. Web. 28 Aug. 2013. <http://www.csmonitor.com/Environment/Energy-Voices/2013/0623/Methane-leaks-of-shale-gas-may-undermine-its-climate- benefits>. xx" "Greenhouse Gas Emissions: Greenhouse Gases Overview." EPA. Environmental Protection Agency, 31 July 2013. Web. 28 Aug. 2013. <http://www.epa.gov/climatechange/ghgemissions/gases.html>. xx"' Walsh, Bryan. "The Costs of Climate Change and Extreme Weather Are Passing the High -Water Mark." Time. Science.time.com, 17 July 2013. Web. 28 Aug. 2013. <http://scie nce.ti me. com/2013/07/ 17/the-costs-of-climate-change-and-extreme-weather-are-passing-the-h i g h -water -mark/>. xxiv Christopherson, Susan M. "A Comprehensive Economic Impact Analysis of Natural Gas Extraction in the Marcellus Shale." Green Choices. Cornell.edu, May 2011. Web. 9 Sept. 2013. <<http://cce.cornell.edu/EnergyClimateChange/NaturalGasDev/Documents/PDFs/Comprehensive%20Economic%20Analysis%20pr oject.pdf». xxv Feser, Edward J., and Stuart H. Sweeney. "Out Migration, Population Decline, and Regional Economic Distress."<http://geog.ucsb.edu>Geoq.ucsb.edu <http://geoq.ucsb.edu>. Ucsb.edu, Jan. 1999. Web. 9 Sept. 2013. <http://www.geog.ucsb.edu/-sweeney/g224/EDAdoc.pdf <http://www.geog.ucsb.edu/%7Esweeney/g224/EDAdoc.pdf». xx" "Renewable Energy."NYS Dept. of Environmental Conservation. Dec.ny.gov, n.d. Web. 28 Aug.013. Y•9 9• <http://www.dec.ny.gov/energy/40899.html>. x"" Chan, Julia. "New York to Inject US$1.5 Billion in NY -Sun Initiative over 10 Years." PV -Tech. Pv-tech.org, 11 Jan. 2013. Web. 28 Aug. 2013. <http://www. pv-tech.org/news/newyourk_to_i nject_us 1.5_billion_in_ny_su n_initiative_over_10_years> 279 October 15, 2013 "X""' Weaver, Teri. "NY to Build at Least 360 Electric Vehicle Charging Stations." The Post -Standard. Syracuse.com, 11 Apr. 2013. Web. 28 Aug. 2013. <http://www. syracuse. com/news/i ndex. ssf/2013/04/ny_to_bui ld_at_least_360_elect. htm I>. ********** Minutes of Previous Meeting Recess 10/1/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 1] Frank Proto, Member Brian Robison, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock Dooley Kiefer, Leslyn McBean-Clairborne Ms. Robertson declared recess at 9:11 p.m. The meeting reconvened at 9:20 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session to discuss possible litigation and personnel matters. An executive session was held at 9:20 p.m. and returned to open session at 11:35 p.m. Adjournment The meeting adjourned at 11:35 p.m. 280 October 29, 2013 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 Present Dooley Kiefer Member Present Michael Lane Vice Chair 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 Present Peter Stein Member Present Resolution(s) Resolution 2013-178: Adoption of Amendments to the 2014 Tentative Tompkins County Budget and 2014-2018 Capital Program (ID #4441) It was MOVED by Ms. Chock, seconded by Ms. Mackesey, to amend the second Resolved and change the word "valued" to "assessed". Following a brief discussion, it was MOVED by Mr. Dennis, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 11; Noes - 4 (Legislators Chock, Kiefer, Mackesey, and Pryor). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes - 11; Noes - 4 (Legislators Herrera, Pryor, Robertson, and Stein). AMENDMENT CARRIED. Mr. Sutherland clarified that the dollar amount referred to in the second Resolved is for a median - priced home. The following amendment was accepted as friendly: change the words "an average home valued" to "a median -priced home assessed". It was MOVED by Mr. Lane, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 12; Noes - 3 (Legislators Chock, Kiefer, and Mackesey). THE QUESTION WAS CALLED. Following the vote, Mr. Mareane distributed a copy of the fee schedule by department as presented in the proposed County budget for 2014. 281 October 29, 2013 The resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] James Dennis, Member Peter Stein, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Robertson, Robison, Shinagawa, Stein Pat Pryor WHEREAS, amendments to the 2014 tentative budget and 2014-2018 capital program were recommended and filed by the Expanded Budget, Capital, and Personnel Committee on October 22, 2013, and WHEREAS, a public hearing is scheduled for November 12, 2013, 7:00 p.m., at the Legislative Chambers, now therefore be it RESOLVED, on recommendation of the Expanded Budget, Capital, and Personnel Committee, That the 2014 Tentative Budget and 2014-2018 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 $45,068,476, resulting in an approximate tax -levy increase of 2.95 percent and a county -wide average tax -rate increase of 1.34 percent, RESOLVED, further, That this action also results in an increase of $14.81 on a median -priced home assessed at $163,000, RESOLVED, further, That this amended tentative budget will be presented at the November 12, 2013, Public Hearing on the budget. SEQR ACTION: TYPE I1-21 Adjournment The meeting adjourned at 5:52 p.m. ********** 282 November 7, 2013 Call to Order Chair 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 Departed. _ Will Burbank _ Member Present Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present 7:40 PM Michael Lane Vice Chair 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 Present Peter Stein Member Present 5:32 PM Announcements of Executive Sessions, Reordering of Business, and Special Orders of the Day Ms. Robertson said she would be reordering the agenda to accommodate staff and asked that the report and presentation of resolution(s) from the Budget, Capital, and Personnel Committee be moved up on the agenda. Ms. Herrera asked for point of information if that included the discussion and vote on the resolution to hold a public hearing on the Beechtree property. Ms. Robertson said it did. Ms. Herrera requested this be included in the minutes. Privilege of the Floor by the Public Mr. Stein arrived at this time. James Johnston, representative of the International Association of Machinists and Aerospace Workers, stated he is very concerned over the transfer of the Beechtree facility and property. He stated employees are struggling trying to make a living and changes in wages, hours, and working conditions have been implemented since day one of the new owner taking over the facility. They are continuing in negotiations; however, he said employees were afraid to attend Legislative meetings in fear of retaliation. He referenced a petition containing over 50 signatures; however, he did not file the petition with the Clerk of the Legislature. Joanne Cipolla-Dennis, Freeville, thanked Legislators who were re-elected to office for their public service and also thanked those who were not re-elected for their work and service to the County. Ms. Cipolla-Dennis spoke in opposition to the action by the Legislature approving an expansion to the 283 November 7, 2013 Tompkins County Jail. She spoke of her work in a prison system in Florida and stated jail is a very unpleasant place to be, especially for someone who has not been convicted of a crime and said it costs a lot of money to jail people who may not have committed a crime. She said trials could take months and many do not end up in a conviction. She expressed concern about the Legislature's approval of an expansion to the Jail and asked why no questions were raised. She talked about the responsibility that exists to people in the community who have lesser of a voice than more affluent people do. People should only be jailed if they have committed a serious and heinous crime against others. She wants to see police officers rise to a higher level and judges to have more compassion with the public. Deborah Cipolla-Dennis, Freeville, said she would like to send a message of hope that we might be able to change the way we think and act and our culture. We have an opportunity to set an example for the State and Country as a whole. She spoke of the treatment of people who are accused of non-violent crimes and asked if we really want to put these people in jail. She said although behaviors need to be corrected jail is dangerous and expensive and dehumanizes people and does nothing to correct behaviors. Many crimes are caused by addiction and substance abuse problems and often poverty. She asked the Legislature to not expand the Jail and expressed concern for people of color and said she believes situations of racism exist. Paula Ioanide of the Shawn Greenwood Working Group and the Stop the Jail Expansion Coalition spoke of the resolution adopted by the Legislature to approve an expansion to the Jail and said it was passed too swiftly. She said every time money is put into the expansion of jails it goes only to economies that only further disrupts families and said she has done ten years of research that substantiate this viewpoint. Ms. Ioanide said she opposes using public monies to expand the size of jails or to provide more policing because it results in costs being passed on to County taxpayers and destroys lives. She said the Coalition has questions they would like to have answered. Natalie Nesvaderani, Ithaca, spoke in opposition to an expansion to the Tompkins County Jail and said policing and incarceration has no correlation to crime. She further stated the logics of expansion usually relates to overcrowding; however, in all of the places where jails have expanded the beds have been filled. It harms communities and is an unintelligent use of public funds. She is from California and said that State has constructed many new facilities that cannot be used. She would like to see the County invest in community and programs. Ms. Nesvaderani asked for a response to the questions raised by Ms. Ioanide about the swiftness of the decision and what the County's policy is for public input. Dan Sinykin, City of Ithaca resident and a teacher at the Auburn Correctional Facility, said he supports the Stop the Jail Expansion Coalition and wants to end the County's plans for expanding the size of the Jail. He understands that there has been a history in Tompkins County being resistant to Jail expansion and questioned why the Legislature is now supporting this. He said given the role of mass incarceration across the Country, why would Tompkins county want to be part of the racism instead of resisting it. Carl Gelderloos, City of Ithaca, also voiced opposition to an expansion of the Tompkins County Jail. He reiterated there are better ways to reduce the jail population and deal with social harm. He spoke of a study on the State mandate of jail expansion and said there are many ways to alleviate the jail population. He said there is a high population of people with mental health problems that are incarcerated. He said jail expansion impedes the economy and also questioned the process that was used to approve the expansion. Stanley McPherson, City of Ithaca, spoke on the issue of a living wage and stated there have been repercussions to him by his employer as a result of speaking out on this issue. He said his employment was terminated and asked for the Legislature's help in getting his job reinstated at the Recycling and Solid Waste Center. Josephine Cardamone, Ithaca, said she was a member of the group that originally tried to question 284 November 7, 2013 the expansion of the County Jail about 15 years ago so she understands issues. She said the County should consider ways to support families and individuals and take a different approach to the problems which she believes will lower the jail population. M. Hendrichx, Trumansburg resident and member of the Stop the Jail Expansion Coalition, asked what Legislators were thinking when they voted to approve an expansion to the Jail. She said the community will continue to attend meetings until all alternatives are explored. The County needs to take a closer look at why people are being sent to jail and also needs to talk to the judges and magistrates who set bail so high that OAR (Opportunities, Alternatives, and Resources) cannot intervene. Claire Grady, City of Ithaca, spoke against an expansion of the Tompkins County Jail. She said the decision happened quickly and suggested that the speed in which this happened did not provide enough time to launch more significant community input. Ms. Grady said she understands there are mandates; but there are creative community members who can provide input and this should be a collective conversation. She stated that over 50% of the people in the jail are pre-trial. As someone who has resisted war in this Country she has sat in jails for some time and suggested mass killing and mass stealing are who should be jailed. Kayla Young, City of Ithaca, spoke of individuals who suffer from mental illness and who are incarcerated and commented that she comes from both sides of the law. She said people think that only the prisoners suffer, however, the employees of correctional facilities suffer as well. She said expanding the Jail will hurt our children because she has experience with family members who work in a jail and suffer from the aggression and anger and who are passing it on to their children. Caleb Thomas, City of Ithaca, spoke of the proposed expansion to the Tompkins County Jail and said he thinks the symptoms are being focused on and not solving the problems with systems that are creating a world that is very harsh for people today. He asked for Legislators to consider being in a position where they do not have access to resources. Jebron Hadeler, City of Ithaca, spoke against an expansion to the Jail. He questioned if the Jail is being expanded to house individuals who have committed petty crimes. He also questioned why this was passed so quickly without giving the public a chance to voice their opinion. Ms. Robertson commented that although she expects some Legislators to speak about this topic there is no formal item on the agenda on this issue this evening. Report from a Municipal Official(s) There was no Municipal Official in attendance. Privilege of the Floor by Legislators Mr. Proto commented on the statements made earlier by Mr. McPherson and asked to be provided with a status report. Mr. Mareane will provide Legislators with an update. Resolutions Approved Under the Consent Agenda 285 November 7, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Kathy Luz Herrera, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-179: Returned School Taxes (ID #4432) 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 2014 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 2013 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 2013-180: Returned Village Taxes (ID #4431) 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 2014 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 2013-181: Adoption of Regular and Supplemental Reports of Footings (Totals) and Assessment Rolls (ID #4429) WHEREAS, Tompkins County desires to maintain an official record of the 2013 Final Assessment Roll, now therefore be it 286 November 7, 2013 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 2014 based upon the July 1, 2013, County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-182: Establishing County Equalization Rates (ID #4430) 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 2013, and for the apportionment of County taxes levied in 2014, 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 TOWN COUNTY PURPOSES RATE COUNTY PURPOSES Town of Caroline 202,603,955 100 202,603,955 Town of Danby 258,963,624 100 258,963,624 Town of Dryden 899,047,061 100 899,047,061 Town of Enfield 175,217,101 100 175,217,101 Town of Groton 254,784,555 100 254,784,555 Town of Ithaca 1,294,137,580 100 1,294,137,580 Town of Lansing 1,199,453,455 100 1,199,453,455 Town of Newfield 270,622,001 100 270,622,001 Town of Ulysses 475,706,388 100 475,706,388 City of Ithaca 1,604,016,892 100 1,604,016,892 TOTALS 6,554,979,939 6,554,979,939 SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-183: Adoption of Apportionment of Taxes for 2014 (ID #4433) 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 2013 final assessed values for the purposes of general tax levied against the several tax districts of the County and that the values determined therein be set forth as the basis for such general and highway tax levies for the year 2014, RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2014 be apportioned among, assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: TYPE II -20 287 November 7, 2013 ********** Resolution 2013-184: Scheduling a Public Hearing for the 2013 New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant Program Application (ID #4456) 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 2013 New York State Housing Trust Fund Office of Community Renewal CDBG Program Application requires at least one public hearing be held prior to the submission of an application for funding, and WHEREAS, the 2013 New York State Housing Trust Fund Office of Community Renewal CDBG Program Application, which was just made available on October 28, 2013, must be submitted no later than December 20, 2013, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the public hearing on submitting an application for the 2013 round of the Housing Trust Fund Office of Community Renewal CDBG funding be held at 5:30 p.m. at the County Legislature meeting scheduled for December 3, 2013, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 7:40 p.m. Ms. Kiefer was excused at this time. The meeting reconvened at 7:54 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Budget, Capital, and Personnel Committee Resolution 2013-185: Scheduling a Public Hearing Pursuant to the Not -for -Profit Corporation Law Section 1411 to Consider the Sale of Beechtree Care Center to the Tompkins County Development Corporation (ID #4450) It was MOVED by Mr. Lane, seconded by Ms. Pryor, to Call the Question. A voice vote resulted as follows: Ayes - 8 (Legislators Dennis, Herrera, Lane, McKenna, Pryor, Robison, Shinagawa, and Stein); Noes - 6 (Legislators Burbank, Chock, Mackesey, McBean-Clairborne, Proto, and Robertson); Excused - 1 (Legislator Kiefer). THE QUESTION WAS CALLED. Note: Exhibit A is on file with resolution. 288 November 7, 2013 RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Dooley Kiefer WHEREAS, pursuant to resolutions previously adopted by the Legislature of the County of Tompkins, New York (the "County") on September 17, 1985, and July 13, 1993, (together, the "Prior County Resolutions"), the County approved (a) the creation of the Tompkins Health Care Corporation ("THCC") as a charitable, non-profit corporation for the public purpose of acquiring, constructing, improving a skilled nursing home facility located at 318 South Albany Street, Ithaca, New York, commonly known as Beechtree Care Center and formerly known as The Reconstruction Home (the "Facility"), and (b) the issuance by THCC of its bonds (the "Bonds") to finance the cost to construct and subsequently improve the Facility, and WHEREAS, the Bonds were issued by THCC pursuant to the provisions of Internal Revenue Service Revenue Ruling 63-20 ("Ruling 63-20") as bonds issued by a qualified not-for-profit entity on behalf of a governmental unit, and were secured by and issued pursuant to trust indentures (the "Indentures") between the Issuer and Manufacturers and Traders Trust Company, Buffalo, New York, as trustee, and WHEREAS, pursuant to the requirements of Ruling 63-20, the Indentures and the Prior Resolutions, title to the Facility shall be conveyed to the County upon payment of the Bonds in full, and WHEREAS, Reconstruction Home and Health Care Center, Inc. d/b/a Beechtree Care Center ("Reconstruction Home"), the current owner of the Facility, recently entered into a Receivership Agreement, dated as of September 1, 2013, with the New York State Department of Health ("DOH") and BTRNC, LLC (the "Receiver") pursuant to which the Receiver has agreed to operate the Facility, and WHEREAS, the Reconstruction Home has applied to DOH for approval to transfer title to the Facility to the Receiver, and the Receiver has applied to DOH for a license to permanently operate the Facility, and WHEREAS, the Receiver has received a commitment from Century Capital and the United States Department of Housing and Urban Development ("HUD") to refinance the Bonds in connection with the transfer of title to the Facility from The Reconstruction Home to the Receiver, and WHEREAS, the Reconstruction Home and the Receiver have requested the County to transfer title to the Facility to the Tompkins County Development Corporation to facilitate the eventual transfer of ownership and continued operation of the Facility to the Receiver, and WHEREAS, the Tompkins County Development Corporation is a local development corporation, formed by the County under Section 1411 of the Not -For -Profit Corporation Law of the State of New York (the "LDC Act") to, among other things, relieve and reduce unemployment, better and maintain job opportunities, encourage the development of or retention of an industry in the County, and lessen the burden of government and act in the public interest, and WHEREAS, the County Legislature is considering the economic development benefits and liabilities associated with the County's ownership of the Facility, and 289 November 7, 2013 WHEREAS, it is the policy of the State of New York to promote the economic welfare and prosperity of its inhabitants and to actively promote, attract, encourage, and develop economically sound commerce and industry, and WHEREAS, the County has the responsibility and burden to promote the health, safety, and general welfare of the residents of the County by, among other things, preventing unemployment and economic deterioration, including by increasing and maintaining employment opportunities and attracting and sustaining economically sound commerce, and WHEREAS, the County has considered the feasibility of operating the Facility as a County owned and operated facility, including but not limited to business impediments unique to municipalities such as rising municipal labor and employee benefit costs and the unreliability of continued intergovernmental transfer payments and the cost of providing for major infrastructure improvements and/or reconstruction, among other impediments, and WHEREAS, although the County shall receive title to the Facility in connection with the payoff of the Bonds, the County is not licensed to operate the Facility, and WHEREAS, even if the County should apply for and receive a license to operate the Facility, the cost to operate the Facility is likely to significantly exceed the revenues that might be generated at the Facility, thereby creating an unsustainable burden on the County, and WHEREAS, the County desires to facilitate the continued operation of the Facility for the benefit of local residents and thereby preserve jobs in the County, and WHEREAS, the LDC Act authorizes the legislative body of the County, by resolution, to determine that certain real property of the County not required for use by the County may be sold or leased to a not-for-profit local development corporation for purposes that include lessening the burdens of government and acting in the public interest, and WHEREAS, Section 1411(d) of the LDC Act further provides that the sale or lease may be on such terms as may be agreed upon by the County and a local development corporation, without appraisal or public bidding, and WHEREAS, in furtherance of the public purposes set forth above, the County proposes, upon its acquisition of title to the same, to transfer fee interest in the real property, the improvements and equipment used or useful in the operations of the Facility to the Tompkins County Development Corporation, subject to the Tompkins County Development Corporation's obligation to immediately transfer fee title to the Facility, and the related transfer of personal property, to 318 South Albany Street, LLC to ensure the continued operation thereof, and WHEREAS, pursuant to the LDC Act, the sale of the Facility to the Tompkins County Development Corporation may be on such terms and for such amount or amounts as may be agreed upon by the County and Tompkins County Development Corporation, and WHEREAS, pursuant to Section 1411(d)(3) of the LDC Act, before the County may sell property to the Tompkins County Development Corporation, a public hearing must be held by the County Legislature to consider the proposed sale, 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, determines as follows: Section 1. Pursuant to Section 1411(d) of the Not -for -Profit Corporation Law, the County is considering transferring its interest in the land, buildings, equipment, and assets constituting the Facility, 290 November 7, 2013 said Facility not being required for use by the County, to the Tompkins County Development Corporation. Section 2. Pursuant to Not -for -Profit Corporation Law Section 1411(d)(3), and prior to authorizing said transfer, a meeting of the Tompkins County Legislature shall be held in the Legislative Chambers in the Governor Daniel D. Tompkins Building in Ithaca, New York, on the 19th day of November, 2013 at 5:30 o'clock P.M. for the purpose of conducting a hearing on the proposed transfer of the Facility to the Tompkins County Development Corporation. Section 3. Pursuant to Not -for -Profit Corporation Law Section 1411(d)(4), the Clerk of this Legislature is directed to cause notice of such public hearing to be published in the official newspaper of the County at least ten (10) days before the date of the hearing. The form of such Notice is attached hereto as Exhibit A. Section 4. This resolution shall take effect immediately. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Health and Human Services Committee Mr. Proto asked the County Attorney and County Administrator to prepare background information on the sale of Beechtree and what the County's role is in the transaction prior to the next Legislature meeting when action is being taken on this issue. Mr. Wood and Mr. Mareane agreed to provide that information. Minutes of Previous Meeting 10/15/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] Pat Pryor, Member Leslyn McBean-Clairborne, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock Dooley Kiefer 10/29/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [13 TO 1] 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 Adjournment The meeting adjourned at 9:08 p.m. 291 November 12, 2013 Attendance Attendee Name ' Title Status Present Arrived _ Will Burbank Member Carol Chock Member Present James Dennis Member Present Kathy Luz Herrera Member Excused Dooley Kiefer Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Excused Leslyn McBean-Clairborne Member Present David McKenna Member Absent Frank Proto Member Present Pat Pryor Member Present Martha Robertson Chair Present Brian Robison Member Present Nathan Shinagawa Member Present 7:04 PM Peter Stein Member Present Public Hearing - Proposed 2014 Tompkins County Budget and the 2014-2018 Tompkins County Capital Program Chair Robertson called the public hearing to order at 7:01 p.m. concerning the proposed 2014 Tompkins County Budget and the 2014-2018 Tompkins County Capital Program and asked if anyone wished to speak. Joe Gibson, Ithaca Youth Bureau, thanked the Legislature for its support of the over -target request for the Big Brother Big Sister program for 2014. On behalf of the families and children in Tompkins County the Legislature has done a great thing to continue providing a County -wide service to the children. Also, on behalf of the staff, this support will help reduce the amount of taxpayer money spent on seeking money. He said following the budget forum, the daughters of an emotional mother who spoke, approached a staff member, a magician, at their elementary school the following day and said the Big Brother Big Sister program needed his help. That individual contacted him and will be doing a performance. Mr. Shinagawa arrived at this time. Mario Martone, Ithaca, reiterated the opposition to the County Jail expansion. He asked that the project be postponed for 60 days to allow time to have discussions and presentations that explain why the expansion is necessary. He said the reasons why people are in jail should be looked at and said that many of them are pre-trial and have not yet been convicted. Carl Gelderloos, Ithaca, said he attended the Legislature meeting last week and heard the responses by Legislators regarding the concerns raised about the Jail expansion and said that was helpful. However, he questions whether the Legislature is passing the buck. On one hand Legislators said the mandate is coming from the State, and on the other hand, it was stated that it is the judges who are responsible for filling the jails. The statements by Legislators were presented in a way that said there was no choice and now he questions the role of the Legislature. At the New York State and federal levels, the number of people being incarcerated is decreasing; however, across the State, jails are being expanded. He said this is not the long-term choice the County should be moving towards. Natalie Nesvaderani, Fall Creek, said the Stop the Jail Expansion Coalition wants to continue asking questions and does not believe the questions raised at the last Legislature meeting were sufficiently 292 November 12, 2013 answered. The Coalition would like to have a better rationale for the Jail project. She spoke about boarding out and understands it is inhumane and costly and agrees with the Legislature's sentiment on the issue. She asked for jail statistics including who is in jail, why, and what the charges are. She said a member of the Coalition went through the Public Safety Committee minutes and tallied up who is pre- trial and learned that 60% of people in jail are pre-trial. She said there are programs available that could reduce that number as well as other reasons people are in jail. She believes this project is an expansion and not a renovation as it is increasing the jail population and capacity. She asked that a discussion and presentation on this issue be held in December with the Public Safety Committee. Gino Bush, Ithaca, said he works with a lot of underprivileged people in the community and spoke of the difficulties with them getting jobs. He said he been working with representatives of the hospital in the area of hiring and said it has been tremendous. He opposes the jail expansion and the money being spent on it. If people could get jobs, there would be less people getting incarcerated. The funding for this project would be better used to help people get jobs. Kayla Young, Danby Road, also spoke of the responses by Legislators at the last meeting and said the tone was very condescending and patronizing. She directed her question to Legislator Shinagawa and asked how a jail or cage can be made humane or a safe place. She asked that the logic be shifted by Legislators and said putting people in jail does not change them or rehabilitate them. She said the comments she made at the last meeting about mental health illness and police officers were not addressed. M. Hendrichx, Trumansburg, said she went to the County's website as suggested at the last Legislature meeting to research the Public Safety Committee information and statistics. She understands that information supports the Legislature's decision, however, she respectfully requests that public presentations by the Public Safety Committee be held to help them understand the rationale. She recognizes there are three components to this project: (1) making the Jail more humane by creating outside recreation space; (2) renovating the Jail to correct any unpleasant conditions; and (3) creating space for seven more beds to be in compliance. The first components she supports, but the third is problematic. The information she found on the County's website showed there are approximately 50 people in Jail every day that are pre-trial. She said she came up with a list of questions for the Public Safety Committee to ask including what extent alternatives -to -incarceration programs were considered, have there been any meetings with police officers, mental health department staff, community leaders, etc. JoAnne Cipolla-Dennis, West Dryden Road, submitted the following statement: "I am very concerned with the proposed expansion about to be approved without proper public input. We can solve space issues by reducing the population rather than making room for more. "We must address the significant racism resulting in people of color, undocumented, poor and LGBTQ people targeted more by police, hence increasing the population through legal bullying. To not acknowledge this fact displays one is out of touch and needs to come to teach in's being held in this community. "Last week I didn't explain myself well. Partly because I did not have the information I needed to make a well thought out response. Since that time I have listened carefully to all of you who responded that night. I thank you for being agents of conscience in the past by resisting expansions and finding better solutions. I also learned some of you aren't in favor of this and that you don't have the very information we are asking for either. "I am asking those I know have the greatest of integrity as it is the one thing no one can take from you to display it tonight. Aside from my wife, there is nothing more important to me than my reputation and integrity. There are some things that do not warrant negotiation, they warrant a simple NO, like fracking, eminent domain, human rights violations and government that lacks transparency. And at this 293 November 12, 2013 moment it is your integrity that is in question in the view of the public and how we feel about your vote tonight. I have been happy with this legislature over the last few years. I would like the legislators that I have known have integrity to not risk that tonight. You know that the public must be given the opportunity to see, hear, and be engaged in the democratic process of open government. To vote to pass this budget when the public is insisting on a brief postponement until all can learn critical details is not democracy, or open government it's reason for red flag. It is far from transparent and doesn't serve anyone to deny the public. How can you really place your reputation in the hands of those who have been on a committee and may or may not have understood those details? For me, I would not be comfortable just taking a recommendation to pass a budget I haven't been fully educated about. "The most important issue of this night is the publics "right to know". It would be proper and productive to hold a series of presentations where we can all learn the facts together and come up with a plan that could be better than the present one. "I take responsibility for not seeking out information until now. I have not had the opportunity to be involved on this particular issue. Being a taxpayer I would like to know what drives my taxes up, this expansion must be paid by tax hikes. SO I have a financial obligation to make sure all considerations have been sought. The public can be very valuable if we are allowed to be involved. Please allow us this opportunity. I understand some of the plans seem appropriate but I cannot support this passage at this time because accurate details are denied as of now. To pass this without public opportunity for dialogue is not who this legislature is. Until you are all informed on the details you cannot vote in good faith. To vote because a committee recommends it and not because one is fully informed is reason for responsible citizens to ask for postponement. Passage tonight will have long lasting public repercussions. We need people who cannot tolerate in their heart of hearts to settle for anything less than a fair, democratic process that involves the very people who elected you. Please do not vote tonight, give us time, 60 days will not harm a thing Delaying the vote briefly will display you are serving in good faith and that the people's voices and support are important to you. May you each weight this decision carefully, for some it will be your last vote serving this legislature. To be fair, transparent and reasonable you must not pass this tonight, but come together for discussion." Kat Stevens, Ithaca, also voiced her opposition to the Jail expansion as a member of the community. She sees the Legislature as having power and privilege and stated Legislators should use their integrity when considering this expansion. There are dozens more people who are not here this evening that oppose this expansion and asked the Legislature to listen to its constituents that there are valid concerns and that this Jail expansion is unacceptable. This County should not be contributing to a system that is systematically oppressing people based on race, class, sexual status, etc. The County should be divesting from those systems. The money being spent on this project should be put into alternative -based community led programs. Sean O'Connor, Law Student at Cornell, said he has heard very compelling arguments this evening against the Jail expansion. He asked who really wants this jail and to spend $900,000. Listening to the speakers this evening, it is clear the people here do not want it. Legislators do have a choice that represents the interest of the people and he believes the only option is to vote no. Dan Sinykin, Sears Road, posed the following questions that he hopes will be addressed by the Public Safety Committee at a later date: "What is the itemized cost of the $900,000 expansion project? Did you have a discussion about the portion of the monies that would be allocated to the construction of the recreational space, versus the renovation of the facilities versus, expanding the Jail by adding seven extra beds. How did you decide on how much money will be used for each part of the expansion? "Did you have a discussion about the fact that a minimum of 40 people/day are in jail for pre- trial reasons and what can be done to reduce that number? What did you discuss? What 294 November 12, 2013 proposals did you come up with? "Did you have a meeting with the Advisory Board on Indigent Representation and ask them how you could help them speed up the process so that pre-trial inmates move quicker through the system and the County can save $244,000/year? "Did you have a dedicated meeting with the City of Ithaca Police Department, the Trumansburg Police Department, the Sheriff's Office and others about the fact that you have about 8 people too many in Jail and whether they have any proposals on how to reduce that number such as more meetings with key community leaders so that the Tompkins County taxpayers could save $244,000/year? "As part of your 8 -inmates -too -many discussion, did you discuss an alternative proposal of funding two additional positions at OAR so that they could help pre-trial inmates move quicker through the system (and save the county $244,000/year)? "As part of your 8 -inmates -too -many discussion, did you have a meeting with the Tompkins County Mental Health Department to discuss proposals to process mental -health-related incidents without the need to lock the individual up in Jail? "As part of your 8 -inmates -too -many discussion, did any of you consider making a public presentation, for example, in the Tompkins County Library, asking the public for input on how to reduce the number of pre-trial inmates in Tompkins County Jail?" Jabron Haygood, South Hill, asked what can be done to let Legislators know the people here do not want to expand the Jail. As an African-American, he spoke about his personal experience with being harassed by police officers. He said if these are the types of arrests that are being made, then there is no need for additional beds. The issue is with the police and that should be looked into. He believes the jail expansion needs to be reconsidered and asked Legislators to listen to the concerns being raised. Craig Anderson, Dryden, said there have been some really good ideas raised this evening about the Jail and hopes Legislators will listen. He spoke about property taxes increasing and that the average person in the community has been under a lot of pressure for the last seven or eight years. We keep seeing taxes increase and encouraged the Legislature to get the spending under control and lower some of the taxes. There are a number of people with fixed incomes and he also commented that his wages have not gone up in the last five years. He asked the Legislature to keep this in mind when voting on the budget. Rich Franks, Freeville, also spoke about the County budget and taxes. According to the Ithaca Journal it is a foregone conclusion that taxes will be increased as been seen for the last eight years. He would like to know if Legislators will be staying in the area or will they be retiring and moving to another State where it is cheaper. He spoke about a good friend of his that was on a school and town board and voted to increase taxes and when his kids finished school he retired and moved down south. He asked the Legislature not to vote on the budget shortsightedly and then bale. He loves this area and wants to stay. Gino Bush again spoke and asked Legislators to meet with people in the community and not raise taxes. Ms. Chock asked if a list of the final over -target requests and the results could be provided. It was stated that information is available on the County's website. Mr. Robison, Public Safety Committee Chair, said he would be willing to have a forum for the issues raised this evening concerning the Jail expansion. He will ask that appropriate representatives from various agencies, depal lments, courts, etc. A quick overview of the expansion will be provided. The 295 November 12, 2013 Public Safety Committee meets December 9th at 3:30 p.m. He asked that a couple of contacts be provided so that information can be shared about the meeting. Mr. Shinagawa suggested that a list of the questions raised be collected and answers be given in advance of the meeting to help with the facilitation of the meeting. Mr. Robison requested that the group here this evening put together a comprehensive list of questions within the next week through the Legislature's office. Mr. Mareane said the Jail project is part of the 20 -year Capital Plan. There is no money in the 2014 budget for this project. Step one is to design the project which will be done in the Spring of 2014. At that point the bonding authority will be considered by the Legislature and if granted, money will be put in the 2015 budget to begin paying the debt. Ms. Kiefer was excused at 7:50 p.m. Mr. Burbank also reminded people to actively oppose to the State Legislators the closure of the two psychiatric facilities (Elmira and Binghamton), which can have an impact on the jail population. Adjournment No one else wished to speak and Ms. Robertson closed the public hearing at 7:57 p.m. 296 November 19, 2013 Public Hearing — Sale of Beechtree Ms. Robertson called the public hearing to order at 5:30 p.m. to consider the Sale of Beechtree Care Center to the Tompkins County Development Corporation and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag Member and guests participated in the Pledge of Allegiance to the Flag. Roll Call of Members Attendee Name Will Burbank Title Member Carol Chock Status Present Member Present James Dennis Member Present Kathy Luz Herrera Arrived Member Present Dooley Kiefer 5:31 PM Member Present Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present David McKenna Member Present Frank Proto Pat Pryor Martha Robertson Brian Robison Nathan Shinagawa Peter Stein Member Present Member Present Chair Present Member Present Member Excused Member present Presentation of Proclamations, Petitions, Communications, and Notices Ms. Robertson declared November 2013 to be Runaway Prevention Month in Tompkins County. Ms. Herrera arrived at this time. Privilege of the Floor by the Public Vonnie Dawson Roberts, Groton resident, said she has three grandchildren who are in foster care in Tompkins County. She asserted the Department of Social Services has refused to allow her to see her grandchildren or to work with her to take steps to see that could happen. She stated the Depar fluent has had her arrested when she attempted to sign up for Foster Care classes. She said she will file an ACLU (American Civil Liberties Union) complaint if something doesn't change. She asked the Legislature to step in and find out why she cannot see them or have custody of them. James Ricks, Ithaca, spoke in opposition to the expansion of the Jail. He said there are thousands of non-violent offenders who are serving life sentences of which 90 percent are non-white. He said this is unjust and immoral and asked that Legislators stand up to the State and not move forward with an expansion of the Tompkins County Jail. Marjo Martone, Ithaca, spoke in opposition to an expansion of the Jail. He asked Legislators to 297 November 19, 2013 go into the streets and talk to people, take the suggestions that have been made, and take serious steps in addressing moral issues that are a large problem in the community At this time Ms. Robertson clarified that there is no appropriation of money for the Jail in the 2014 budget that is being considered this evening. Mr. Robison announced on December 9th at 3:30 p.m. the Public Safety Committee will meet and the public is welcome to attend. Paula Ioanide, Ithaca resident, spoke in opposition to an expansion of the Jail. She said today there are more African-American men in prisons today than were enslaved in 1850. There are institutional racist practices tied to policing that feed the system constantly and they rely on the public logic that if you do some kind of crime you deserve what you get. She said crime rates in this County have been going down or staying stable so there is no correlation between crime and incarceration. She said the first thing we have to question is the idea of building the infrastructure because if it is built it will be filled. Ms. Ionide said Legislators can empower themselves to take a moral, ethical, and taxpayer - sound position and not house a disproportionately African-American, Latino, native population. Gino Bush, City of Ithaca, spoke in opposition to an expansion of the Jail. He said the issue is not going to go away. He asked Legislator McBean-Clairborne to convene a meeting for the Southside community so people can have some input; he suggested all Legislators be invited to come to that meeting. M. Hendrix, Trumansburg, spoke in opposition to an expansion of the Jail and said Vonnie Dawson -Roberts is a living example of what can be improved in Tompkins County with funds being put towards more urgent needs. She stated there was no public input into the project. By reading the minutes she learned there was an amendment to the Capital Program that added $900,000 and asked that that be reversed. Bahar, Akyurtlu, City of Ithaca resident and member of the transgender community in Ithaca, spoke in opposition to an expansion of the Jail. She spoke of her personal experiences and the changes she has experienced, particularly with discrimination since she changed genders. She stated that minorities are far more likely to be arrested than others. Clare Grady, City of Ithaca, spoke in opposition to an expansion of the Jail. She said she attended the last Legislature meeting and listened to remarks and wants the conversation to continue. She stated if $900,000 was put towards OAR (Opportunities, Alternatives, and Resources) Bail Fund it could have lowered the Jail population. She said 60 percent of the people in the Jail are pre-trial and there are creative ways in which the Jail population could be lowered. She asked that legality not trump humanity. Natalie Nesvaderani, City of Ithaca, was looking at the document entitled "Public Safety Building Jail Expansion Project" and it shows for the year 2014 the funds are allocated for the project. She said she doesn't believe the discussions have been fruitful and will continue to speak on this issue. She said boarding out is a program that helps other counties pay debt that they have from their jail expansions. She said they want to explore alternatives to reduce the existing Jail population. Mr. Mareane clarified that the $900,000 mentioned by Ms. Nesvaderani is when the money would be committed to the project if it is going to be committed. In the Spring of 2014 designs would come to the Legislature and at that time a decision would be made on whether to float a bond to pay for the project. The first time money would appear in a budget would be 2015. Ms. Robertson said the State of New York classifies inmates as pre -sentence or post -sentence. The meaning of pre -sentence by New York State means pre-trial as well as post trial as there is time after a plea agreement might be settled on and before a sentence. She asked that the public look at the meanings of both of these terms because it is relevant when looking at the statistics. Peter Lively, City of Ithaca, said before he retired in 2006 he spent 13+ years as a Chaplin in the New York State Corrections system. He said the moral issues have been presented admirably this 298 November 19, 2013 evening. He asked if the Legislature could expand the understanding and definition of public safety and begin to look through a restorative justice lens. He suggested local communities be incentivized to become facilitators of folks who are at risk, with folks who are involved in law enforcement, law, humanities, social sciences, and the Living Wage movement so that people in turn can put the communities in general at less risk. Report from a Municipal Official(s) There was no municipal official in attendance to speak. Privilege of the Floor by Legislators Mr. Robison outlined the Public Safety Committee meeting that will be held on December 9th and said a comprehensive explanation will be provided as to why this course of action was initiated. The public will get all of the information that Legislators have received and the public will hear from all parties involved, including the courts, District Attorney, Department of Probation and Community Justice, and Opportunities, Alternatives, and Resources. He hopes the public will come and listen to the information but to send questions in advance if possible to the Clerk of the Legislature's office. Resolutions Added to and Withdrawn from the Agenda There were no resolution(s) added to or withdrawn from the agenda. Appointment(s) Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Nathan Shinagawa Workforce Diversity and Inclusion Committee Karen Baer - County staff representative; term expires December 31, 2014 ********** Resolutions Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Frank Proto, Member SECONDER: Pat Pryor, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein EXCUSED: Nathan Shinagawa Resolution 2013-186: Budget Adjustment to Transfer Unanticipated Revenues from Permits, Sale of Scrap, and Insurance Recoveries - Highway Division (ID #4498) 299 November 19, 2013 WHEREAS, the Highway Division received revenues from the permits, sale of scrap, and insurance recoveries above the anticipated 2013 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 2013: FROM: D5110.42590 Permits $ 5,471.36 D5110.42650 Sale of Scrap $ 5,608.28 D5110.42680 Insurance Recoveries $ 1,504.27 TO: D5110.54312 Highway Materials $12,583.91 Explanation: The Highway Division received higher than anticipated revenues from permits, the sale of scrap, and insurance recoveries (reimbursements for damages to guiderail, etc., caused by motor vehicle accidents) in 2013, and the Highway Division is seeking approval for the money to be transferred to the highway materials budget. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-187: Award of Fall 2013 Community Celebrations Grants (ID #4462) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following Community Celebrations Grants are approved: Municipality Celebration Award City of Ithaca 2014 International Youth Arts & Culture (IYAC) Festival $1,000 City of Ithaca 2014 Dorothy Cotton Jubilee Singers Presents: Voices of the $975 Abolitionists City of Ithaca 2014 First Street Mosaic Project $600 City of Ithaca 2014 Fire & Ice Festival $1,300 City of Ithaca 2014 Lunar New Year Celebration $1,300 City of Ithaca 2014 Juneteenth $1,325 Village of Groton 2014 Groton Winterfest Total $975 $7,475 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 2013-188: Award of Fall 2013 Tourism Marketing and Advertising Grants (ID #4463) WHEREAS, Tompkins County has a grant program for Tourism Marketing and Advertising using funds drawn entirely from Room Occupancy Tax, and 300 November 19, 2013 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following Tourism Marketing and Advertising Grants are approved: Applicant Project Title Award City of Ithaca / Comet 2014 Ithaca Skate Jam $5,000 Skateboards Cayuga Lake Wine Trail 2014 - 22nd Annual Wine & Herb $4,000 Festival PRI / Museum of the Earth 2014 Family Fun with Dr. Scott from PBS's Dinosaur Train 4,174 TOTAL $13,174 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 2013-189: Award of Fall 2013 New Tourism Initiative Grants (ID #4464) 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 Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following New Tourism Initiative Grants are approved: Applicant Project Title Award Ithaca Shakespeare 2014 The Tempest at the Hangar Theatre $6,040 City of Ithaca / Comet Skateboards 2014 Ithaca Skate Jam $4,000 TOTAL $10,040 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 2013-190: Award of 2013 Tourism Partner Awards (ID #4465) 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 Economic Development 301 November 19, 2013 Committee (EDC) 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 EDC established a tourism recognition award program in 2006, and WHEREAS, funding exists in the 2013 Tourism Program budget to commemorate tourism partner awards by installing pavers at a trailhead of the Cayuga Waterfront Trail, and WHEREAS, since 2008 Amanda Mott has planned and implemented the four-day New York State Veterinary Conference hosted by the New York State Veterinary Medical Society and the Cornell University College of Veterinary Medicine, resulting in at least 270 hotel room nights each year, as well as thousands of visitor dollars spent in shops, restaurants, and other businesses, and WHEREAS, Tony Damiani and Jeff Christian organized the Higher Education Data Warehousing (HEDW) Conference hosted by Cornell University between April 28th and April 30th, 2013, resulting in over 500 hotel room nights, as well as thousands of visitor dollars spent in shops, restaurants, and other businesses, and WHEREAS, Stuart Stein has provided many years of dedicated service to enhancing quality of life and promoting economic development through tourism as an STPB Member, as former Chair of the Tompkins County Legislature and as a founder of the Tompkins County Tourism Program, and STPB and the County Legislature wish to provide a special Tourism Partner Award honoring him for his outstanding dedication to the Tourism Program, and WHEREAS, funding also exists in the 2013 Tourism Program budget to dedicate an interpretive panel in Stuart Stein's name along the Cayuga Waterfront Trail as a lasting and visible commemoration of this special Tourism Partner Award, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That Amanda Mott, Tony Damiani and Jeff Christian, and Stuart Stein are each awarded a Tourism Partner Award, RESOLVED, further, That the County Legislature thanks Amanda Mott and the Cornell University College of Veterinary Medicine, Tony Damiani and Jeff Christian and Cornell University, and Stuart Stein, for positively impacting the local economy. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-191: Budget Adjustments - Tompkins County Office of Employment and Training (ID #4460) 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 Economic Development Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Office of Employment and Training From Revenue Acct. Title Amt 6292.44793 Federal Aid, WIA Youth $ 25,000 6292.44796 Federal Aid - Emergency DW $ 103,000 6292.44959 Federal Aid $ 17,484 6292.44792 Federal Aid, WIA Adult ($ 30,000) 6292.44797 Federal Aid, TAA ($ 35,000) 302 November 19, 2013 To Approp Acct. Title Amt 6292.54303 Supplies $ 200 6292.54330 Printing $ 750 6292.54414 Local Mileage $ 300 6292.54452 Telephone $ 250 6292.51000051 JTPA Participants $ 60,841 6292.51000049 Project Assistants $ 4,000 6292.58800 Fringe $ 6,484 6292.54432 Rent $ 7,659 Explanation: Adjustments are being made to the 2013 budget to better align actual revenues and expenditures versus the projections that were used when preparing the 2013 budget. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-192: Budget Adjustments — Tompkins County Workforce Investment Board (ID #4459) 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 Economic Development Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Workforce Investment Board From Revenue Acct. Title Amt 6290.44793 Federal Aid,WIA Youth $ 9,000 6290.44796 NEG OJT Admin $ 9,000 6290.44959 Federal Aid $ 72,000 6290.44790 Federal Aid, WIA Admin ($ 6,000) To Approp Acct. Title Amt 6290.52230 Computer Software $ 400 6290.52222 Communications Equipment $ 200 6290.54400 Program Expense $ 4,500 6290.54491 Subcontracts $ 78,650 6290.54452 Telephone $ 100 6290.54618 Interdepartmental Charge $ 150 Explanation: Adjustments are being made to the 2013 budget to better align actual revenues and expenditures versus the projections that were used when preparing the 2013 budget. SEQR ACTION: TYPE II -20 ********** Resolution 2013-193: Budget Adjustment - Assigned Counsel Office (ID #4438) WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and WHEREAS, the Tompkins County Assigned Counsel Office has received a repayment of prior years' legal fees in the amount of $11,828.88, and 303 November 19, 2013 WHEREAS, the Assigned Counsel Office has proposed applying these funds to procure and implement an electronic vouchering system as a means to continue improving the efficiency of its operations, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance is authorized to make the following budget adjustments for the purpose of providing funds for an electronic vouchering system: Revenue Account: 1171-42770 Other Miscellaneous Sources $11,828.88 Expense Account: 1170-54442 Professional Services $11,828.88 SEQR ACTION: TYPE I1-20 ********** Resolution 2013-194: Authorization to Increase Hours - WIC Program Director - Health Department (ID #4466) WHEREAS, the WIC Program has sufficient state/federal funds to increase the WIC Director's time, and WHEREAS, the New York State Department of Health has authorized the program to increase the hours, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget, Capital, and Personnel Committees, That the position of WIC Program Director, Position #474, White Collar Grade N (14), Job Code 598, competitive class, be increased from 37.5 hours per week to 40 hours per week effective immediately, RESOLVED, further, That this increase in hours shall be permanent as long as there are sufficient grant funds to cover the increase in hours, RESOLVED, further, That this change is 100% funded by the WIC Program grant. SEQR ACTION: TYPE II - 20 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2013-195: Establishing the Unit Charge for the 2014 Solid Waste Annual Fee (ID #4442) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Peter Stein, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the unit charge for the 2014 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 2014 Solid Waste Annual Fee be established at $56.00 per billing unit, which is the same as the 2013 Solid Waste Annual Fee. 304 November 19, 2013 ATTACHMENT A: SCHEDULE OF RATES PROPERTY CLASS 'USED AS' CODE (A) Single-family residences Mobile Homes Churches 210,240,241,242,250,280 270,271,416 Unit Charge: One billing unit per Church or living unit Z32 (B) Two-family residences and other residences with two living units A11220's Unit Charges: Two billing units, except if verified as owner occupied and used as a single unit, the charge is one billing unit. (C) Multi -unit residences 3 or more units 230's Apartments A01 - A07 Rooming houses: 418 2.5 beds = 1 billing unit Unit Charges: One billing unit per living unit (D) Colleges & Schools: All tax-exempt parcels owned by the colleges Unit Charges: BOCES Cornell University Dryden Central Schools Ithaca College Tompkins Cortland Community College Total Colleges: $20,445 $136,197 $2,428 $26,779 $4,372 $190,221 (E) Recreation and Warehouse (except row storage) Unit Charges: $0.0208/sq.ft. All K's, Z01 -Z11, Z19 -Z26, FO1- F04, F06, F07,F08 F10, F11 (F) Wholly Exempt Homes for the Aged 633 Wholly Exempt Other Health Care Facilities 642 Unit Charges: $0.0208/sq.ft. 305 November 19, 2013 (G) All other All property classes and 'used as' codes not listed elsewhere in a specific category Unit Charges: $0.0415/sq.ft. (H) Seasonal Residences 260 Property must be classified as a seasonal residence by the Tompkins County Assessment Dept. Unit Charge: One-half (1/2) billing units per living unit. (I) No fee assessed: Row storage Small Churches (under 20 weekly attendance) Non -contributive area Local government - all tax exempt parcels owned by the city, towns, villages, and county within Tompkins County. F05 Z98 SEQR ACTION: TYPE I1-20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-196: Determining that the Sale of Beechtree Care Center to the Tompkins County Development Corporation is an Unlisted Action Under the New York State Environmental Quality Review Act, Declaring the County as Lead Agency to Undertake an uncoordinated Review, and Finding and Concluding that the Proposed Sale will not Result in any Significant Adverse Impacts to the Environment (ID #4452) (ATTACHMENTS REFERENCED IN RESOLUTION ARE AVAILABLE UPON REQUEST) Ms. Kiefer said she supports this as an unlisted action but commented that the Environmental Assessment Form indicates that there is no problem with the 100 -year flood zone. She said the flood maps are badly out of date and taking into account climate change, she doesn't think a statement can be made with confidence that it is not in a 100 -year flood plain. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Brian Robison, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the County of Tompkins, New York (the "County") is considering undertaking a project (the "Project") consisting of the sale or lease of the skilled nursing home facility located at 318 South Albany Street, Ithaca, New York, commonly known as Beechtree Care Center and formerly known as The Reconstruction Home (the "Facility") to the Tompkins County Development Corporation to 306 November 19, 2013 facilitate the proposed transfer of ownership of the Facility and continued operation thereof by the new proposed owner, 318 South Albany Street, LLC, and BTRNC, LLC, the current operator and receiver of the Facility pursuant to a Receivership Agreement dated as of September 1, 2013, by and among BTRNC, LLC, the New York State Department of Health and the former operator of the Facility, Reconstruction Home and Health Care Center, Inc. d/b/a Beechtree Care Center, and WHEREAS, 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, a short form Environmental Assessment Form ("EAF") dated November 7, 2013, a copy of which is attached hereto as Exhibit A, was prepared by the County's Planning Department to facilitate a review of the potential environmental impacts of the Project, and WHEREAS, the County's Planning Department reviewed the scope of the Project and has advised the County Legislature that (a) the Project should be classified as an "Unlisted Action" as that term is defined in Part 617.2 of the Regulations, (b) the County should declare its intention to serve as lead agency to undertake an uncoordinated review of the Project, (c) the short form EAF includes sufficient information on which to base its determination of significance, and (d) based upon their review of the EAF and the criteria contained in the Regulations, the Project will not have a significant adverse impact on the environment, and WHEREAS, the County Legislature has carefully considered the nature and scope of the Project as set forth in the EAF, and the recommendations provided by the Planning Department, 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, determines as follows: Section 1. The County hereby determines that the Project is an Unlisted Action as such term is defined in the Regulations. Section 2. The County hereby declares itself lead agency to undertake an uncoordinated review pursuant to Part 617.6(b)(4) of the Regulations. Section 3. The County hereby adopts the findings and conclusions contained within the EAF and in accordance with the reasoned elaboration set forth in Exhibit B attached hereto, the County finds and concludes that the Project will not result in any significant adverse impacts to the environment. Section 4. The County hereby issues a Negative Declaration with respect to the Project. SEQR ACTION: UNLISTED * * * * * * * * * * Resolution 2013-197: Authorizing the Sale of Beechtree Care Center to the Tompkins County Development Corporation (ID #4451) It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to add an eighth Whereas: "WHEREAS, some Legislators, recognizing that Tompkins County is in the chain of title for the subject property, believe "due diligence" on behalf of the taxpayers would best be served by requiring or performing phase one assessment, and" and to add a new Section 2 to the Resolved: "A Phase I environmental review is not being required. However, as a condition of sale, the buyer has agreed to indemnify and defend the County 307 November 19, 2013 against any claims resulting from environmental contaminations; and" It was MOVED by Ms. Chock to separate the motion and to have the new Section 2 read as follows: "The buyer has agreed to indemnify and defend the County against any claims resulting from environmental contamination; and". MOTION FAILED DUE TO LACK OF A SECOND. Ms. Chock said she doesn't think the County could do any more "due diligence" than by indemnification. She believes the County is exercising due diligence. It was MOVED by Ms. Chock, seconded by Mr. Burbank, to separate the motion and vote on the Whereas and the new section separately. A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators Dennis, Mackesey, Proto, and Stein); Excused - 1 (Legislator Shinagawa). MOTION CARRIED. A voice vote resulted as follows on adding a new Section 2 to the Resolved: Ayes - 12, Noes - 2 (Legislators Dennis and Pryor), Excused - 1 (Legislator Shinagawa). AMENDMENT CARRIED. Ms. Kiefer said she spoke with Mr. Camarota today and explained her concerns. She said she would like this transfer to take place, would like Beechtree to continue, and wishes the new operator success of it. Having a nursing home in the downtown area is a wonderful thing for the community She said she does not want the County to run it but would prefer it not do so. She said she thinks Mr. Camarota came to understand some of the concerns that have been raised by Legislators who feel "due diligence" on behalf of taxpayers means something different to different Legislators. She said she would like to vote in support of this and can do so if the Whereas is included; she is unsure how she will vote if it is not included. With respect to the importance of Whereases, this particular Whereas is not saying anything that the public has not heard more than once and Whereases can be used to discern the intent of the Legislature as can any other discussions that are recorded. She said it is now very hard to know what was said officially because the Legislature does not approve minutes that include discussion. Ms. Pryor said she does not support the inclusion of this Whereas for a number of reasons. She has concerns about process; this Legislature has a number of resolutions that are brought forward. She asked if this Whereas is included that speaks to what the thinking is of the people who wanted a different course of action to happen could be used as a precedent in future resolutions. She said she has read all of the information that has been present, listened carefully to the discussions, recommendations from staff and others, and that her objection to the addition of this Whereas should not be characterized as her just wanting to see this pushed through. She said she is concerned about possible legal ramifications of including this kind of language for the reasons that have already been stated. She stated the notes that contain discussions at meetings are available to the public and posted on the Legislature's website. It was MOVED by Mr. Lane, seconded by Mr. Robison, to Call the Question on the amendment. A voice vote on calling the question resulted as follows: Ayes - 10; Noes - 4 (Legislators Chock, Kiefer Mackesey, and McBean-Clairborne); Excused - 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes - 4 (Legislators Herrera, Kiefer, Mackesey, and Proto); Noes - 10; Excused - 1 (Legislator Shinagawa). MOTION FAILED. It was MOVED by Mr. Robison, seconded by Mr. Dennis, to Call the Question. A voice vote resulted as follows: Ayes - 8 (Legislators Dennis, Lane, McBean-Clairborne, McKenna, Proto, Pryor, Robison, and Stein); Noes - 6 (Legislators Burbank, Chock, Herrera, Kiefer, Mackesey, and Robertson); Excused - 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. The following vote was taken by a roll call: 308 November 19, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 1] James Dennis, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Pamela Mackesey Nathan Shinagawa WHEREAS, pursuant to resolutions previously adopted by the Legislature of the County of Tompkins, New York (the "County") on September 17, 1985, and July 13, 1993, (together, the "Prior County Resolutions"), the County approved (a) the creation of the Tompkins Health Care Corporation ("THCC") as a charitable, non -stock, non-profit corporation for the public purpose of acquiring, constructing and improving an intermediate care nursing home and health care facility located at 318 South Albany Street, Ithaca, New York, commonly known as Beechtree Care Center and formerly known as The Reconstruction Home (the "Facility"), and (b) the issuance by THCC of its bonds (the "Bonds") to finance the cost to construct and subsequently improve the Facility, and WHEREAS, the Bonds were issued by THCC pursuant to the provisions of Internal Revenue Service Revenue Ruling 63-20 ("Ruling 63-20") as bonds issued by a qualified not-for-profit entity on behalf of a governmental unit, and were secured by and issued pursuant to trust indentures (the "Indentures") between the Issuer and Manufacturers and Traders Trust Company, Buffalo, New York, as trustee, and WHEREAS, pursuant to the requirements of Ruling 63-20, the Indentures and the Prior Resolutions, title to the Facility shall be conveyed to the County upon payment of the Bonds in full, and WHEREAS, The Reconstruction Home and Health Care Center, Inc. d/b/a Beechtree Care Center ("Reconstruction Home"), the current owner of the Facility, recently entered into a Receivership Agreement, dated as of September 1, 2013, with the New York State Department of Health ("DOH") and BTRNC, LLC (the "Receiver") pursuant to which the Receiver has agreed to operate the Facility, and WHEREAS, the Reconstruction Home has applied to DOH for approval to transfer title to the Facility to the Receiver, and the Receiver has applied to DOH for a license to permanently own and operate the Facility, and WHEREAS, the Receiver has received a commitment from Century Capital and the United States Department of Housing and Urban Development ("HUD") to refinance the Bonds in connection with the transfer of title to the Facility from Reconstruction Home to the Receiver, and WHEREAS, the Reconstruction Home and the Receiver have requested the County to transfer title to the Facility to the Tompkins County Development Corporation to facilitate the eventual transfer of ownership and continued operation of the Facility to the Receiver, and WHEREAS, the Tompkins County Development Corporation is a local development corporation, formed by the County under Section 1411 of the Not -For -Profit Corporation Law of the State of New York (the "LDC Act") to, among other things, relieve and reduce unemployment, better and maintain job opportunities, encourage the development of or retention of an industry in the County, and lessen the burden of government and act in the public interest, and WHEREAS, the County Legislature has considered the economic development benefits and liabilities associated with the County's ownership of the Facility, and 309 November 19, 2013 WHEREAS, it is the policy of the State of New York to promote the economic welfare and prosperity of its inhabitants and to actively promote, attract, encourage and develop economically sound commerce and industry, and WHEREAS, the County has the responsibility and burden to promote the health, safety and general welfare of the residents of the County by, among other things, preventing unemployment and economic deterioration, including by increasing and maintaining employment opportunities and attracting and sustaining economically sound commerce, and WHEREAS, the County has considered the feasibility of operating the Facility as a County owned and operated facility, including but not limited to business impediments unique to municipalities such as rising municipal labor and employee benefit costs and the unreliability of continued intergovernmental transfer payments and the cost of providing for major infrastructure improvements and/or reconstruction, among other impediments, and WHEREAS, although the County shall receive title to the Facility in connection with the payoff of the Bonds, the County is not licensed to operate the Facility, and WHEREAS, even if the County should apply for and receive a license to operate the Facility, the cost to operate the Facility is likely to significantly exceed the revenues that might be generated at the Facility, thereby creating an unsustainable burden on the County, and WHEREAS, the County desires to facilitate the continued operation of the Facility for the benefit of local residents and thereby preserve jobs in the County, and WHEREAS, the LDC Act authorizes the legislative body of the County, by resolution, to determine that certain real property of the County not required for use by the County may be sold or leased to a not-for-profit local development corporation for purposes that include lessening the burdens of government and acting in the public interest, and WHEREAS, Section 1411(d) of the LDC Act further provides that the sale or lease may be on such terms as may be agreed upon by the County and a local development corporation, without appraisal or public bidding, and WHEREAS, in furtherance of the public purposes set forth above, the County proposes, upon its acquisition of title to the same, to transfer fee interest in the real property, the improvements and equipment used or useful in the operations of the Facility to the Tompkins County Development Corporation, subject to the Tompkins County Development Corporation's obligation to immediately transfer fee title to the Facility, and the related transfer of personal property, to 318 South Albany Street, LLC to ensure the continued operation thereof, and WHEREAS, pursuant to the LDC Act, the sale of the Facility to the Tompkins County Development Corporation may be on such terms and for such amount or amounts as may be agreed upon by the County and Tompkins County Development Corporation, and WHEREAS, in accordance with Section 1411(d)(3) of the LDC Act, pursuant to a resolution adopted by the County Legislature on November 7, 2013, the County authorized the publication of a notice of a public hearing to consider the proposed sale, such notice was subsequently published in the County's Official newspaper at least 10 days prior to the date hereof, and such public hearing was conducted by this County Legislature prior to considering this Resolution, and WHEREAS, 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 by resolution adopted by the County Legislature prior to consideration of this 310 November 19, 2013 resolution, the County (a) classified the proposed sale of the Facility as an "Unlisted Action" as that term is defined in Part 617.2 of the Regulations, (b) declared its intention to serve as lead agency to undertake an uncoordinated review of the proposed action, (c) determined that the sale of the Facility will not have a significant adverse impact on the environment, and (d) issued a Negative Declaration with respect to the sale of the Facility, 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, determines as follows: Section 1. Pursuant to Section 1411(d)(1) of the LDC Act and upon due consideration of the presentations and comments received during the public hearing, the County Legislature hereby determines that, upon its acquisition of title to the same, title to the Facility is not required for use by the County; and Section 2. A Phase 1 environmental review is not being required. However, as a condition of sale, the buyer has agreed to indemnify and defend the County against any claims resulting from environmental contamination; and Section 3. Pursuant to Section 1411(d) of the LDC Act and under the authority of County Law Section 215, the County of Tompkins hereby authorizes, upon its acquisition of title to the same, the sale, transfer and conveyance by the County, of all of the County's right, title and interest in and to the Facility to the Tompkins County Development Corporation for a purchase price of One and No/100 ($1.00) Dollar and upon such other terms and conditions as the County, acting by and through the County Treasurer, and the Tompkins County Development Corporation may agree; and Section 4. The transfer of fee title to the Facility, and the related transfer of personal property, from the County to the Tompkins County Development Corporation shall be subject to the Tompkins County Development Corporation's obligation to immediately transfer fee title to the Facility, and the related transfer of personal property, to 318 South Albany Street, LLC to ensure the continued operation thereof. The Tompkins County Development Corporation's obligation to immediately transfer fee title to the Facility, and the related transfer of personal property, to 318 South Albany Street, LLC are to be memorialized within an agreement by and between the County, Tompkins County Development Corporation and 318 South Albany Street, LLC, in a form to be approved by the County Attorney; and Section 5. The County Treasurer is hereby authorized to execute any and all documents related to the sale, including all agreements, forms, certificates or applications necessary to effectuate the foregoing; and Section 6. This resolution shall take effect immediately. SEQR ACTION: TYPE II -25 * * * * * * * * * * Recess Ms. Robertson declared recess at 7:26 p.m. The meeting reconvened at 7:43 p.m. Budget, Capital, and Personnel Committee Resolution 2013-198: Adoption of 2014 Tompkins County Budget and 2014-2018 Tompkins County Capital Program (ID #4474) Chair Robertson asked Vice Chair Lane to take the Chair's seat so that she could offer an amendment to the budget. 311 November 19, 2013 Vice Chair Lane took the chair. It was MOVED by Ms. Robertson, seconded by Ms. Pryor, to amend the budget and reduce the Capital Plan Program Account 9961 - Contribution to Debt Service from $4,919,411 to $4,819,411. It was MOVED by Ms. Herrera, seconded by Mr. Burbank, to Call the Question. A voice vote resulted as follows: Ayes - 11; Noes - 3 (Legislators Chock, Kiefer, and McBean-Clairborne); Excused - 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment: Ayes - 6 (Legislators Chock, Herrera, McBean-Clairborne, Proto, Pryor, and Robertson); Noes - 8 (Legislators Burbank, Dennis, Kiefer, Lane, Mackesey, McKenna, Robison, and Stein); Excused - 1 (Legislator Shinagawa). AMENDMENT FAILED. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to amend the budget and reduce the Capital Plan Program Account 9961 - Contribution to Debt Service by $100,000 and move it to the Contingency Fund. It was MOVED by Mr. Robison, seconded by Ms. Pryor, to Call the Question. A voice vote resulted as follows: Ayes - 9; Noes - 5 (Legislators Chock, Herrera, Kiefer, Mackesey, and McBean- Clairborne); Excused - 1 (Legislator Shinagawa). THE QUESTION WAS CALLED. A roll call vote resulted as follows on the amendment: Ayes - 4 (Legislators Burbank, Herrera, Mackesey, and McBean-Clairborne); Noes - 10; Excused - 1 (Legislator Shinagawa). AMENDMENT FAILED. It was MOVED by Mr. Stein, seconded by Mr. Robison, to Call the Question. A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators Chock, Mackesey, McBean-Clairborne, and Robertson). THE QUESTION WAS CALLED. This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] James Dennis, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the tentative Budget for the year 2014 and the proposed 2014-2018 Capital Program have been presented to the Legislature by the Budget Officer on September 17, 2013, and a revised tentative budget for the year 2014 and the proposed 2014 - 2018 Capital Program were adopted by the Legislature for public review on October 29th, and a public hearing was held on November 12, 2013, 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 2014, RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the 312 November 19, 2013 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, 2014, RESOLVED, further, That the sum of $45,068,476 required to meet the local share of expenses and costs of county government in Tompkins County for the fiscal year 2014 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 2.95 percent and a county -wide average tax -rate increase of approximately 1.34 percent and an increase of 1.31 percent in local spending, RESOLVED, further, That this tax change will result in an increase of approximately $14.89 on a median -priced home assessed at $163,000, 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 2014-2018. SEQR ACTION: TYPE II -21 * * * * * * * * * * Capital Plan Review Committee Resolution 2013-199: Authorizing Release of Request for Expressions of Interest - Tompkins County Old Library Property (ID #4468) Mr. Lane said this is a fairly new process for the County and in response to many questions and interest in the Old Library site, the Request for Expressions of Interest (RFEI) process to seek proposals was recommended. Ms. Herrera said she appreciates the creativity with going forward with this process. In the downtown and Fall Creek areas, there has been a lot of interest expressed in this property. She asked for the record: If Legislators could get hard copies of this approved Request of Expressions of Interest as well as the qualifying features to be able to pass onto people of interest; - When the date that proposals would be due and that as soon as that information is known, to make it public; and - If public tours would be available and if so, if that information could be made public as well. Mr. Lane said the responses will be coordinated through the Planning Department and Legislators are entitled to the complete copy of the RFEI document. Ms. Herrera requested a copy of that information and Mr. Mareane agreed to provide it. Mr. Lane spoke to the schedule and said the RFEI will be released in December and the responses will be due in March 2014. Mr. Lane said he will ask the County Administrator and the Planning Department staff to handle the scheduling of the tours. Mr. Lane said that tours will be encouraged. RFEI. Ms. Robertson noted that the dates in the document will be filled following the approval of the 313 November 19, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ADOPTED [13 TO 11 Michael Lane, Vice Chair Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Stein Frank Proto Nathan Shinagawa WHEREAS, Tompkins County owns property commonly known as the "Old Library" located at 310-314 North Cayuga Street, Real Property Tax Parcel 61.-1-4, in the City of Ithaca, and WHEREAS, the property consists of approximately .88 acres with a 38,630 square foot building that was originally built to serve as the Tompkins County Public Library, and WHEREAS, since the Library was moved to its current location on Green Street in 2000, the building has primarily been used for records storage and as the site of the Community Justice Center, and WHEREAS, a comprehensive review of County space and program needs has led to plans for the relocation of these functions which is expected to be completed in the first quarter of 2015, and WHEREAS, studies of County space needs have considered reuse of this site but found no economically feasible use for County purposes at this time, and WHEREAS, the property is strategically located in the City of Ithaca and has the potential to contribute to the community and to the tax base if redeveloped, now therefore be it RESOLVED, on recommendation of the Capital Plan Review Committee, That a Request for Expressions of Interest (RFEI) be published to seek potential developers who would purchase or lease the property for purposes of redevelopment, RESOLVED, further, That the RFEI will be the first step in a process of considering redevelopment options for the property with the intent of a soliciting complete proposals from selected respondents. SEQR ACTION: TYPE II -21 ********** Planning, Energy, and Environmental Quality Committee Resolution 2013-200: Adoption of Water Resources Council Revised Bylaws (ID #4427) RESULT: MOVER: SECONDER: AYES: EXCUSED: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Nathan Shinagawa WHEREAS, the Water Resources Council has updated and revised its bylaws to reflect current or improved procedures, now therefore be it 314 November 19, 2013 RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the bylaws of the Water Resources Council 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 ********** Resolution 2013-201: Requesting an Extension of Time for Review of Permitting Regulations for Liquefied Natural Gas Facilities (ID #4458) 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, the New York State Department of Environmental Conservation (NYSDEC) has proposed to establish a permitting program for the safe siting, construction, and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State (Proposed 6 NYCRR Part 570 - Regulation of Liquefied Natural Gas Facilities), and WHEREAS, NYSDEC initially established a 30 -day public comment period on the proposed regulations that was to expire on November 4, 2013, and WHEREAS, NYSDEC has now extended that time period by only an additional 30 days to December 4, 2013, and WHEREAS, these regulations are being proposed without a comprehensive independent analysis of their potential impacts by NYSDEC, and WHEREAS, the review period is completely inadequate for a thoughtful and thorough review of proposed regulations and related documents by local elected officials who meet twice per month, and WHEREAS, the Tompkins County Staff and Legislature needs adequate time to review and assess the implications of the proposed regulations on its departments, facilities, services, and residents, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the Tompkins County Legislature urges that the NYSDEC should extend the public comment period on the revised regulations to a total of 180 days, 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 Association of Counties, New York State Association of Towns, and Tompkins County Council of Governments (TCCOG). SEQR ACTION: TYPE II -20 * * * * * * * * * * 315 November 19, 2013 Minutes of Previous Meeting 11/7/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: ACCEPTED [12 TO 2] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Stein Carol Chock, Dooley Kiefer Nathan Shinagawa Adjournment The meeting adjourned at 9:53 p.m. 316 December 3, 2013 Public Hearing - 2013 New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant Program Application Ms. Robertson called the public hearing to order at 5:30 p.m. concerning the 2013 New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant (CDBG) Program Application. Ms. Robertson asked if anyone wished to speak. Megan McDonald, Tompkins County Planning Department, said the State has accelerated the deadline this year and changed it again yesterday. If there are any questions, she is available to answer them. The hearing this evening is with regard to submitting an application for the 2013 CDBG program. New York States hopes to have $12 million available for housing activities and counties are able to apply for grants up to $750,000. She introduced Paula Poteat from Better Housing for Tompkins County (BHTC). Mr. Shinagawa arrived at this time. Paula Poteat, Program Manager for the Tompkins County Homeownership Program, said the program has been successfully administered by BHTC and the CDBG program. In the 12 years the program has existed, they have assisted over 350 low- to moderate -income individuals become homeowners in Tompkins County. The program prepares residents to become first-time homebuyers and educates them on homeownership. Ms. Kiefer arrived at this time. Mr. Dennis arrived at this time. Mr. Lane commented and reiterated his opinion that some attention should be paid to manufactured homes in Tompkins County. There is a lot of need to improve the mobile home stock. The County works a lot with older houses but he does not believe there is a program to work with mobile homes. He hopes that a program can be developed to help the owners of those homes. Ms. Poteat said BHTC has several programs related to housing that it administers. Rehabilitation and reconstruction are a large part of that. The mobile home issue is a pressing issue across many of the rural areas in counties. The rules are very strict for mobile homes. There are grants available and they continually look for those grants, but they are highly competitive. In relation to this particular housing program, a mobile home may be purchased as long as it is on a permanent foundation and passes all requirements set by HUD (Housing and Urban Development). No one else wished to speak and Ms. Robertson closed the public hearing at 5:35 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 Member Carol Chock Member Status Present Present Arrived 6:02 PM James Dennis Member Present 5:33 PM 317 December 3, 2013 Kathy Luz Herrera Member Present Dooley Kiefer Member Present 5:32 PM Michael Lane Vice Chair 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 Present 5:31 PM Peter Stein Member Present Presentation of Proclamation Ms. Robertson presented a proclamation to Karen Baer, Human Rights Director, declaring December 10, 2013, to be Human Rights Day in Tompkins County. Government Operations Committee Resolution 2013-202: Expressing Appreciation to Volunteer Members of the Tompkins County Special Committee on Broadband (ID #4515) Ms. Pryor, Chair, read the resolution and the following statement: "I'd like to move the resolution and when it is seconded, to speak to it. "First, I'd like to thank Martha for providing a few minutes early on tonight's agenda for me to speak about the broadband expansion effort. "In August of 2010 when Martha Robertson requested that I consider Chairing a committee that would look into possibilities for expanding high speed Internet service to parts of the County that lacked such service I had no idea what I was getting into. Had I known then what would be involved, I would definitely say "yes" all over. Tonight I would like to recognize and say thanks to a most incredible group of community volunteers without whom the project would not have happened. More on that in a few minutes. "First, though, I would like to give a huge "thank you" to the Tompkins County Legislature and to the many county staff members who have provided professional advice and support to our work. The Legislature, through our Chair, Martha Robertson, recognized the need of all County residents for high speed Internet access and took the necessary steps to initiate the project. Those of you on the Legislature have been very supportive from the start, a support that is evident in the commitment of County resources; both extensive time on the part of certain County staff and also the "in-kind" donation of space on a county -owned tower for placement of a key transmitter. A number of County staff, including Joe Mareane, County Administrator, Jonathan Wood, County Attorney, Marcia Lynch, Public Information Officer, Greg Potter, Director of Information Technology Services, and Lee Shurtleff, Director of Emergency Response have made important professional contributions. Andrea Gibbs, Administrative Specialist, has provided, and continues to provide, clerical support. Most importantly, especially in terms of the time devoted to the broadband project, has been the assistance of Paula Younger, Deputy County Administrator. It is no exaggeration on my part to say that without Paula's experience and expertise I'm not sure this project would have gotten off the ground. Especially during the first two years, I repeatedly called on Paula to assist in guiding the work of the Committee through its early stages of investigation. Paula, through her extensive background and contacts, was able to bring to the Committee the advice and 318 December 3, 2013 input of a number of experts in the provision of Internet, and a bit further on in the process, in locating potential sources of funding. The broadband expansion project is only happening because of a substantial and continuing commitment of resources from Tompkins County. "Many people are asking me where things stand with implementation. I can tell you that the poles on which the transmitters will be installed have arrived. Installation is beginning and customers are being added to the service now. Our primary corporate partner and the lead applicant for the state grant is Clarity Connect, Inc. (Clarity). Chuck Bartosch, CEO of Clarity, estimates that complete installation of the project infrastructure could occur by July 2014, assuming there are no unanticipated delays. Though Enfield and Caroline were dropped from the project by the State, a re-engineering of the project and additional support from outside sources, including Black Oak Wind Farm, means those two towns are likely to be restored to the original coverage projections. As I've mentioned previously, the order in which service will be activated depends on the density of sign-ups in any given area. If all goes according to plan, currently unserved and underserved areas will be activated by the end of 2014. It is important to continue to get the word out to those interested in obtaining service that they should sign up as soon as possible, preferably on Clarity's web site at www.clarityconnect.com <http://www.clarityconnect.com>, or, for those who don't have access to the Internet, at 607-257-8268, because the number of signups determines when each neighborhood will be brought online. "A key component of our planning for implementation is to encourage and promote the adoption of the new service by providing education for new users or for those who wish to upgrade their computer skills to take advantage of the opportunities that come with a high speed Internet connection. To that end, a subcommittee on "Education and Outreach" is meeting regularly to plan, coordinate and implement strategies to connect users with the training they will need." Tracy Mitrano, Herb Sheldon, Ed Swayze, members of the Broadband Committee, thanked the Legislature for creating this Committee. Mr. Bartosch also thanked the Legislature and the Committee. He commented on how the State came to Tompkins County and met with the Committee. Tompkins County had the highest rated application in the State because of the commitment that was shown. He commended Ms. Pryor and Mr. McKenna for keeping the effort together. Following the vote on the resolution, Ms. Pryor acknowledged and thanked the following community volunteers who worked on the project presented each with a letter of appreciation: Chuck Bartosch, CEO, Clarity Connect, Inc. Larry Berger, Commercial Realtor Jon Bosak, Software Engineer/Standards Consultant Scott Brim, formerly with Internet2 and now retired Susan Currie, Library Director Ric Dietrich, Supervisor, Town of Danby John Levine, Writer/Consultant David McKenna, Vice Chair, Broadband Committee, Tompkins County Legislature (Dist. #8) Tracy Mitrano, Director of IT Policy, Cornell University Mike Pliss, Director of Technology, Trumansburg Schools Pat L. Pryor, Chair, Broadband Committee, Tompkins County Legislature (Dist. #6) Gary Reinbolt, Freelance Consultant Victor Rendano VMD, Veterinary Multi -imaging, PLLC Hurf Sheldon, Director of Research Systems, Program of Computer Graphics, Cornell University Ed Swayze, Non-profit Organizational, Consultant 319 December 3, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, on August 26, 2010, the Tompkins County Legislature established a charge to form a Broadband Committee ("Committee") to assess broadband infrastructure investment, deployment, and adoption opportunities countywide and to make recommendations for improved broadband access to underserved and unserved areas of the County, and WHEREAS, the Committee, including 16 volunteer members with professional experience and technical expertise ranging from telecommunications to K-12 education to commercial and residential real estate to economic and community development to municipal operations, collectively used its best thinking to identify, evaluate, and propose solutions to address gaps in Broadband accessibility, and WHEREAS, the Committee met 30 times over a 3 -year period, all in open session, and sought input from the public, municipalities, state representatives, and technical experts, and WHEREAS, the Committee's work included an ascertainment study, eight community outreach forums, a variety of ad hoc presentations, grant application development, and preparation and delivery of two formal reports to the County Legislature, and WHEREAS, the Committee's work positioned Tompkins County as a statewide model for insightful broadband planning and public/private collaboration, which contributed to a Connect NY Broadband grant award with a funding allocation ranked the third highest in the state, 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 Special Committee on Broadband for their commitment, dedication, and innovative thinking that will help many Tompkins County residents and businesses soon realize the benefits of high-speed broadband connectivity. SEQR ACTON: TYPE II -20 * * * * * * * * * * Privilege of the Floor by the Public Deborah Cipolla-Dennis, Freeville, expressed her disappointment that there was not any assistance in changing the time of the December 9th Public Safety Committee meeting. Changing the time for the public to attend is a reasonable thing to do for those who have to work. Mr. Burbank arrived at this time. Joanne Cipolla-Dermis, Freeville, spoke of many issues that have occurred throughout the County including the Green Building Alliance. She said there were a number of people who attended recent open houses and believes people are interested in climate change. She also spoke of Mr. Joseph's statement he made at a previous Legislature meeting and said although she does not know him she appreciated his comments about racism and the tone he used when he spoke. She asked if Legislators have taken any training in diversity and if so she would like information on that training. In addition, she also believes changing the time of the Public Safety Committee meeting on December 9th would be appropriate. 320 December 3, 2013 Larry Roberts, Member of the Workforce Diversity and Inclusion Committee (WDIC), said he is one of the founding members of WDIC. He spoke in support of the resolution to adopt the Diversity and Inclusion Policy. WDIC has worked long and hard to get to this point and said Tompkins County has an opportunity to be a leader among other counties and municipalities. He believes the policy will show staff and the community how Tompkins County can be more reflective of the community it serves. The conversations have been collaborative in the development of the policy and he said it is an important policy and is logical and straight forward way in preparing the County to advance what the Legislature has already committed to. Report from a Municipal Official(s) No Municipal Official was present to speak. Chairs Report and Chairs Appointments Appointment Ms. Robertson appointed Amy Zuch to the Special Committee on Broadband. Budget, Capital, and Personnel Committee Resolution 2013-203: Adoption of Policy No. 01-43 - Diversity and Inclusion (ID #4341) It was MOVED by Ms. Kiefer, seconded by Mr. Dennis, to amend Section III. C. Procedures and add: "...WDIC and the Commissioner of Personnel shall...". A voice vote on the amendment resulted as follows: Ayes - 2 (Legislators Dennis and Kiefer), Noes - 13. AMENDMENT FAILED. It was MOVED by Ms. Kiefer to amend Section III. G.C. Procedures and add: "...designee, and the Director of Human Rights, will...". MOTION FAILED FOR LACK OF A SECOND. Mr. Dennis requested a copy of the establishing resolution for WDIC and the existing structure of members assigned. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dennis, 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, Tompkins County government is committed to creating and sustaining a diverse, fully inclusive, and flexible workplace environment that continually strengthens the organization, and WHEREAS, the Tompkins County Legislature believes that a diverse workforce provides internal and external advantages, and WHEREAS, Tompkins County government views Diversity and Inclusion as a business asset and believes that setting up a structure for preserving this asset begins with clear expectations, and WHEREAS, on July 5, 2005, under Resolution No. 126, the Tompkins County Legislature formally adopted a County Diversity Statement and, subsequently, on July 18, 2006, under Resolution 321 December 3, 2013 No. 126, formally approved Diversity and Inclusion Guidelines to serve as the initial framework for policy development, and WHEREAS, the Workforce Diversity and Inclusion Committee has developed a comprehensive Diversity and Inclusion policy that outlines objectives, expectations, functions, responsibilities, and accountability measures, and WHEREAS, the proposed Diversity and Inclusion policy has been reviewed and processed according to the guidelines of Policy 01-04, which governs the policy development and amendment process, now therefore be it RESOLVED, on recommendation of the Workforce Diversity and Inclusion, the Budget, Capital and Personnel, and the Government Operations Committees, That Policy No. 01-43: Diversity and Inclusion is hereby adopted. SEQR ACTION: TYPE II -20 ********** Recess Ms. Robertson declared recess at 7:27 p.m. The meeting reconvened at 7:40 p.m. Resolutions Added to and Withdrawn from the Agenda There were no resolutions added to or withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Carol Chock, Member SECONDER: Frank Proto, Member AYES: Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-204: Establishing Standard Work Day for Elected and Appointed Officials - Finance Director (ID #4528) WHEREAS, effective August 12, 2009, New York State adopted a new regulation 315.4 for additional reporting requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System, and WHEREAS, the Finance Director, Richard Snyder, was appointed by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hereby establishes the following as the standard work day for the Finance Director, an appointed official, and will report the following days worked to the New York State and Local Employees' Retirement System based on the daily record of activities maintained in the employer's time- keeping system: Title Name Standard Term Participates in Days/Month 322 December 3, 2013 RESOLVED, further, That the resolution be posted on the Tompkins County website for a minimum of 30 days and that a certified copy of the resolution and affidavit of posting be filed with the Office of the State Comptroller within 45 days of adoption. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-205: Authorizing a Public Hearing Concerning Local Law No. c of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years (ID #4532) WHEREAS, County Law Section 215 provides that after determining that a property is no longer needed for public use a County may sell the property or lease the property for a term not to exceed five years, and WHEREAS, by New York State Comptroller Opinion 68 - 857 the State Comptroller opined that a municipality may enter into leases for a term in excess of five years if the municipality authorizes such leases by local law, and WHEREAS, Section 24 of New York State Municipal Home Rule Law provides that any local law that changes a provision of law relating to leasing of real property is subject to referendum on petition (permissive referendum), and WHEREAS, the County Legislature may in the future desire to lease property no longer needed for public use for a term in excess of five years, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hold a public hearing on December 17, 2013, at 5:30 p.m. in Legislature Chambers concerning proposed Local Law No. c of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-206: Designation of Newspaper (ID #4494) 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, 2014, to December 31, 2014, as follows: The Ithaca Journal, Ithaca, New York SEQR ACTION: TYPE II -20 * ********* Resolution 2013-207: Correction of Errors (ID #4493) 323 Work Day (Hrs/day) Begins/Ends Employer's Time Keeping System (YIN) (based on Record of Activities) Appointed Official Finance Director Richard Snyder 8 Indefinite Y 20 RESOLVED, further, That the resolution be posted on the Tompkins County website for a minimum of 30 days and that a certified copy of the resolution and affidavit of posting be filed with the Office of the State Comptroller within 45 days of adoption. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-205: Authorizing a Public Hearing Concerning Local Law No. c of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years (ID #4532) WHEREAS, County Law Section 215 provides that after determining that a property is no longer needed for public use a County may sell the property or lease the property for a term not to exceed five years, and WHEREAS, by New York State Comptroller Opinion 68 - 857 the State Comptroller opined that a municipality may enter into leases for a term in excess of five years if the municipality authorizes such leases by local law, and WHEREAS, Section 24 of New York State Municipal Home Rule Law provides that any local law that changes a provision of law relating to leasing of real property is subject to referendum on petition (permissive referendum), and WHEREAS, the County Legislature may in the future desire to lease property no longer needed for public use for a term in excess of five years, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature hold a public hearing on December 17, 2013, at 5:30 p.m. in Legislature Chambers concerning proposed Local Law No. c of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-206: Designation of Newspaper (ID #4494) 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, 2014, to December 31, 2014, as follows: The Ithaca Journal, Ithaca, New York SEQR ACTION: TYPE II -20 * ********* Resolution 2013-207: Correction of Errors (ID #4493) 323 December 3, 2013 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 2014 minutes of the Legislature or in reports of any committees. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-208: Date of 2014 Organizational Meeting (ID #4491) 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 Governor Daniel D. Tompkins Building, Ithaca, New York on Thursday, January 2, 2014, at 5:30 o'clock in the evening thereof. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-209: Authorizing Acceptance of a New York State Grant to Replace Snow Removal Equipment (Ramp Dozer) - Ithaca Tompkins Regional Airport (Project Identification No. 3902.32) (ID #4481) WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $11,650 to assist with the purchase of snow removal equipment (ramp dozer), and WHEREAS, the budget for this equipment is as follows: FAA Share (90.0%) NYSDOT Share (5.0%) Airport Budget (5.0%) Total , and Account No. HT 5601.44592 Account No. HT 5601.43592 Account No. HT 5601.45031 $ 209,700.00 $ 11,650.00 $ 11,650.00 $ 233,000.00 WHEREAS, the local share of $11,650 has been factored into the 2013 airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $13,397.50 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -25 * ********* Resolution 2013-210: Authorizing Acceptance of a New York State Grant for Design of a Terminal Apron Expansion - Ithaca Tompkins Regional Airport (Project Identification No. 3902.31) (ID #4480) 324 December 3, 2013 WHEREAS, the County has received a grant offer from the New York State Depaitnient of Transportation (NYSDOT) in the amount of $9,750 to assist with the design of a terminal apron expansion, and WHEREAS, the budget for this project is as follows: FAA Share (90.0%) NYSDOT Share (5.0%) Airport Budget (5.0%) Total , and Account No. HT 5601.44592 Account No. HT 5601.43592 Account No. HT 5601.45031 $ 175,500.00 $ 9,750.00 $ 9,750.00 $ 195,000.00 WHEREAS, the local share of $9,750 has been factored into the 2013 airport budget and will be paid through airlines fees, and WHEREAS, in the event of project increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $11,212.50 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2013-211: Authorizing Five -Year Contract Extensions with the Avis/Budget Group and Barrett Transportation Service Inc., d/b/a Hertz Rental Cars - Ithaca Tompkins Regional Airport (ID #4479) WHEREAS, a Request for Proposals (RFP) was issued by the County Finance Department and was duly advertised on October 10, 2013, and WHEREAS, the Avis/Budget Group and Barrett Transportation Services (d/b/a Hertz Rental Cars) indicated their interest in continuing to be tenants of the airport to provide a car rental service, and WHEREAS, while no other rental car agencies have expressed any interest in serving the airport at this time, the agreements with Avis/Budget and Hertz allow for additional rental car agencies to be added at any time, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to sign agreements with the Avis/Budget Group and Barrett Transportation Services, Inc., d/b/a Hertz Rental Cars to conduct rental car businesses at the Ithaca Tompkins Regional Airport for the period January 1, 2014, until December 31, 2018. SEQR ACTION: TYPE II -20 ********** Resolution 2013-212: Authorizing a Ten -Year Extension to the Air Service Board and Adoption of Amended Bylaws - Ithaca Tompkins Regional Airport (ID #4476) WHEREAS, the Air Service Task Force (ASTF) was established in 1998 by the Tompkins County Chamber of Commerce and Tompkins County Area Development as a result of community concern over diminishing air service at the Ithaca Tompkins Regional Airport, and WHEREAS, due to the continuing concern over the volatility of the airline industry and the financial plight of the airport's principal tenant, US Airways, the County Legislature, by Resolution No. 325 December 3, 2013 80 dated April 20, 2004, did establish a Charge for the ASTF that was designed to review the operational and financial condition of the airport and improve air service, and WHEREAS, in January 2005, the Chair of the County Legislature established a seven -person Air Service Committee (ASC) to focus more keenly on completing the ASTF's Charge and assist airport management with stabilizing the airport's future, and WHEREAS, after a number of notable successes, it was deemed desirable that a more permanent group be established to work closely with airport management in the ever-changing aviation climate, and WHEREAS, through Resolution No. 281 of December 20, 2005, the County Legislature established an Air Service Board (ASB) for a three-year period, ending on December 31, 2008, and WHEREAS, because the ASB was very successful in helping airport administration with business and air service development, marketing, public relations, airline negotiations, and community relations, the term of the ASB was extended for an additional period of five years until December 31, 2013, and WHEREAS, it is considered desirable to continue to have the expertise of the ASB to assist airport management in dealing with the myriad issues encountered in providing air service to the community, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the term of the Air Service Board be and hereby is extended for a further ten-year period, until December 31, 2023, RESOLVED, further, That the amendments to the ASB Bylaws designed to improve community representation, and dated December 3, 2013, are hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-213: 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, 2014 (ID #4509) 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 2014, 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 of 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, 2014, is hereby delegated to the Finance Director, the chief fiscal officer of said 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 2013-214: Changes in Positions - Various Departments (ID #4508) WHEREAS, the adopted 2014 Tompkins County Budget provides for new positions or for the 326 December 3, 2013 increase or reduction in the standard work week of 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 positions are created and the hours of the positions mentioned below are changed as follows effective January 1, 2014 (unless noted otherwise): CREATION OF NEW POSITION(S) Department of Social Services 1.0 FTE, 40 hour/week Coordinator of Child Support Enforcement, White Collar Grade 15, Job Code 1574. INCREASE IN HOURS OF EXISTING POSITIONS Airport 1.0 FTE Account Clerk Typist position, #1377, White Collar Grade 6, Job Code 1513, increase the approved hours of the position from 17.5 to 35 hours per week. Board of Elections 1.0 FTE Deputy Commissioner of Elections, position #316, Management Grade 83, Job Code 1715, increase the standard work week and the approved hours of the position and incumbent from 35 to 40 hours per week. Department of Social Services 6.0 FTE Case Supervisor positions: #1160, #817, #1102, #788, #1071, #1135, White Collar Grade 17, Job Code 1594, increase the standard work week and the approved hours of the positions and incumbents from 35 to 40 hours per week. 1.0 FTE Case Supervisor - Grade A, position #1299, White Collar Grade 17, Job Code 1079, increase the standard work week and the approved hours of the position and incumbent from 35 to 40 hours per week. 1.0 FTE Senior Social Welfare Examiner, position #1364, White Collar Grade 13, Job Code 1558, increase the standard work week and the approved hours of the position and incumbent from 35 to 40 hours per week. Health Department 1.0 Director Children with Special Care Needs, Position #433, Management Grade 88, Job Code 292, increase the standard work week and the approved hours of the position and incumbent from 37.5 to 40 hours per week. 1.0 Team Leader, Position #1302, White Collar Grade 16, Job Code 656, increase the standard work week and the approved hours of the position and incumbent from 37.5 to 40 hours per week. 1.0 Administrative Coordinator, Position #530, White Collar Grade 13, Job Code 674, increase the standard work week and the approved hours of the position and incumbent from 37.5 to 40 hours per week. 4.0 Community Health Nurse, Positions #484, #501, #1169, #1167, White Collar Grade 15, Job Code 580, increase the standard work week and the approved hours of the positions and incumbents from 327 December 3, 2013 37.5 to 40 hours per week. 1.0 Administrative Coordinator, Position #483, White Collar Grade 13, Job Code 674, increase the standard work week and the approved hours of the position and incumbent from 35 to 37.5 hours per week. 1.0 Director of Health Promotion, Position #496, White Collar Grade 15, Job Code 095, increase the standard work week and the approved hours of the position and incumbent from 35 to 37.5 hours per week. 1.0 Director of Environmental Health, Position #446, Management Grade 88, Job Code 167, increase the standard work week and the approved hours of the position and incumbent from 37.5 to 40 hours per week. Information Technology Services Department 1.0 FTE GIS Technician/Web Developer, Position #386, White Collar Grade 11, Job Code 1515, increase the standard work week and the approved hours of the position and incumbent from 35 to 40 hours per week. Planning Departm en t 1.0 Senior Planner, Position #675, White Collar Grade 14, Job Code 1609, increase standard work week and the approved hours of the position and incumbent from 35 to 40 per week. 1.0 Deputy Commissioner of Planning, Position #672, Management Grade 87, Job Code 4283, increase standard work week and the approved hours of the position and incumbent from 37.5 to 40 per week. 1.0 Commissioner of Planning, Position #1296, Management Grade 91, Job Code 4243, increase standard work week and the approved hours of the position and incumbent from 37.5 to 40 per week. 328 December 3, 2013 ABOLISH EXISTING POSITION(S) Department of Social Services 1.0 Mobility Program Specialist, Position #1092, White Collar Grade 10, Job Code 083, effective January 10, 2014. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-215: Implementation of the 2014 Budget - Departmental Fees (ID #4495) WHEREAS, various departments are authorized to charge assorted fees for various services, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That all changes and increases in fees and changes in methods of charging fees specifically identified in the departmental budget requests and included in the 2014 budget adopted by the Tompkins County Legislature, are hereby authorized and approved. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-216: Authorization to Disburse Funds - County Administration (ID #4492) 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 2014 budget, provided that whenever a contract is required funds will be disbursed in accordance with the terms of said agreement. SEQR ACTION: TYPE II -20 * ********* Resolution 2013-217: Authorization for Finance Director to Make Year -End Transfers, Appropriations, and Budget Adjustments as Required (ID #4489) 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 2014 the County Finance Director be and hereby is authorized and directed to make year-end transfers, appropriations, and budget adjustments required to clear credit balances from the books at year's end, RESOLVED, further, That any such additional entries made by the County Finance Director shall be reported back to the Tompkins County Legislature. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-218: Town and City Budgets and Printing of Tax Rates (ID #4488) 329 December 3, 2013 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 2013 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 2013 Proceedings of the Legislature following the budgets of the several towns and City. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-219: Authorizing Payments for Community College Operating Budget (ID #4485) WHEREAS, this Legislature has by Resolution No. 94 of July 2, 2013, approved the 2013-2014 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 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 2013-2014 in the first accounts -payable processing cycle following the dates below and in the following amounts: January 1, 2014 March 1, 2014 May 1, 2014 July 1, 2014 $697,156.25 $697,156.25 $697,156.25 $697,156.25 SEQR ACTION: TYPE I1-20 Total: $2,788,625.00 * * * * * * * * * * Resolution 2013-220: Implementation of 2014 Tompkins County Budget - Memberships (ID #4484) 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 2014 budget requests and included in the 2014 budget adopted by the Tompkins County Legislature, are hereby authorized and 330 approved. SEQR ACTION: TYPE I1-20 December 3, 2013 ********** Appointment(s) Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Carol Chock, Member Frank Proto, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Family Court Advisory Council Paul W. Rhudy - At -large representative - term expire December 31, 2015 Marisa Matsudaira - Family and Children's Service representative - term expire December 31, 2016 Criminal Justice Advisory/Alternatives-to-Incarceration Board Amber Driscoll - Mediation services representative; term expires December 31, 2016 Emergency Communications Review and Oversight Committee Mark Conrad - Cornell Public Safety representative; term expires December 31, 2016 Advisory Board on Indigent Representation - terms expire December 31, 1015 Christopher B. Colosi Deborah Dietrich Traffic Safety Committee Fernando de Aragon - Metropolitan Planning Organization representative; term expires December 31, 2016 STOP -DWI Advisory Board Kenneth Lansing - Sheriff; term expires December 31, 2016 Office for the Aging Advisory Committee Elizabeth Ellis - term expires December 31, 2016 Personal Emergency Response Service Advisory Board Nancy McKeon - Agency representing aging or elderly representative; term expires December 31, 2015 Mary E. Harrington - Agency representing aging or elderly representative; term expires December 31, 2015 Strategic Tourism Planning Board - Terms expire December 31, 2016 Ken Jupiter - Arts/Culture representative Lynnette Scofield - Lodging representative Anne Gossen - At -Large representative Ian Golden - Recreation representative John Gutenberger - Cornell University representative Ethan Ash - Arts/Culture representative Christy Agnese - At -large representative 331 December 3, 2013 Michael Mellor - At -large representative ********** Capital Plan Review Committee Ms. Robertson designated the oversight of the Human Services Building expansion and renovation to be managed by the Facilities and Infrastructure Committee. Budget, Capital, and Personnel Committee Resolution 2013-221: Budget Appropriation and Adjustments for Retroactive Wage Increase — Deputy Sheriff's Association (ID #4514) This resolution was adopted 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, an arbitration process, concluded December 18, 2012, awarded retroactive wage increases to Sheriff's Department employees in the Tompkins County Deputy Sheriffs Association, set at 2.9 percent for 2008 and an additional 2.9 percent for 2009, 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 appropriation and adjustments during the 2013 fiscal year: REVENUE: General (A) Fund Reserves $741,206 APPROPRIATION AND ADJUSTMENTS: UNIT 3110 3110 3110 3110 3110 3110 UNIT 3113 3113 3113 3113 3113 3113 3113 3113 3113 3113 ACCOUNT 51000412 51000419 51000424 51000425 51200419 58800 ACCOUNT 51000193 51000412 51000413 51000417 51000419 51200412 51200413 51200417 51200419 51300412 TITLE SGT -DEPUTY SHERIFF DEPUTY SHERIFF CIVIL/ACCT PER CLERK SECRETARY DEPUTY SHERIFF FRINGES TITLE CAPT DEP SHERIFF SGT -DEPUTY SHERIFF CRIM. INVESTIGATOR SR. CRIM. INVEST. DEPUTY SHERIFF SGT -DEPUTY SHERIFF CRIM. INVESTIGATOR SR. CRIM. INVEST. DEPUTY SHERIFF SGT -DEPUTY SHERIFF 332 AMOUNT $20,934 17,304 26,003 13,002 1,700 26,051 AMOUNT $25,337 125,606 83,738 23,025 -26,316 19,069 8,403 5,494 69,489 3,878 3113 51300413 3113 51300417 3113 51300419 3113 51500419 3113 54340 3113 58800 SEQR ACTION: TYPEII-20 December 3, 2013 CRIM. INVESTIGATOR SR. CRIM. INVES DEPUTY SHERIFF DEPUTY SHERIFF CLOTHING FRINGES ********** 2,586 226 17,453 2,101 5,850 270,273 Resolution 2013-222: Establishing the Apportionment of Additional Mortgage Recording Tax Proceeds for Mass Transportation (ID #4440) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Section 253.2 of New York State Tax Law provides for an additional mortgage recording tax of $0.25 for each one hundred dollars and each remaining fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of the execution thereof, by a mortgage on real property situated within Tompkins County, as provided in the Tax Law Section 253.2, and further provides that a County may suspend the imposition of said tax by resolution, and WHEREAS, by Resolution No. 134 of 1969 the Tompkins County Legislature (then called the Tompkins County Board of Representatives) suspended the imposition of the tax and, while the suspension was intended to be temporary, it has remained in effect to the present day, and WHEREAS, Chapter 115 of the Laws of 2013, effective July 12, 2013, amended subdivision one of Section 261 of the Tax Law by adding a new subparagraph (j 1) that allows Tompkins County to retain the additional mortgage recording tax for mass transportation services, and WHEREAS, by Resolution 2013-145, the Tompkins County Legislature repealed Resolution No. 134 of 1969 and authorized the imposition and administration of the additional mortgage recording tax as provided in Chapter 115 of the Laws of 2013, and WHEREAS, it is the desire of this Legislature to provide 85% of the revenue produced by the additional mortgage recording tax directly to Tompkins Consolidated Area Transit (TCAT) and to apply the remaining 15% of the revenue produced to support a portion of the County's annual financial contribution to TCAT made pursuant to the tripartite funding agreement among the County, City, and Cornell University, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the County Clerk be and hereby is directed to apportion the proceeds of the additional mortgage recording tax such that 85% of the proceeds are allocated to TCAT and 15% to the Director of Finance, RESOLVED, further, That the Director of Finance be, and hereby is, directed to pay to TCAT all funds so allocated by the County Clerk to TCAT (i.e., the 85% portion of Additional Mortgage Recording Tax receipts), RESOLVED, further, That the Director of Finance be, and hereby is, directed to deposit all funds 333 December 3, 2013 allocated by the County Clerk to the Director of Finance (i.e., the 15% portion of the Additional Mortgage Recording Tax) to Revenue Account 5630.41187 (Mortgage Recording Tax -Contributed) to support the County's on-going contribution to TCAT. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-223: Accepting the Report of the Livable Wage Work Group and Extending Thanks to All who Contributed to the Report (ID #4394) It was MOVED by Ms. Chock to amend the 9th WHEREAS and add "...three-quarters of that sample of ...". MOTION FAILED FOR LACK OF A SECOND. Ms. Chock spoke about the charge to the Committee and stated for the record that she cannot support the resolution as she does not believe the County's livable wage policy aims are being adequately achieved and would prefer to send the report back to the Committee and ask they provide more specific recommendations about the most appropriate contracts within the budget for the Legislature to address first. Second, she appreciates that what has come out of the Committee is that procedures will finally be developed to implement the 2003 policy but she does not think acceptance of the report does enough to live up to being responsible for being a livable wage employer the County claims to be. Ms. Herrera said as a member of the Committee it was a good Committee that included a lot of different viewpoints. She does not believe necessarily what we are doing is what we would like to be doing. She does not think the current policy is consistent with the values of people, but the Committee's work is done because the County is not implementing, approving or adopting this. What this action does say is the County Administrator will work to see how the County should move forward to attain its goal. She believes the resolution is an accurate representation of the Committee's work. She is willing to support the resolution and said she is a strong believer in the livable wage. The work of the Legislature is not complete if it wants to move towards being a living wage employer; it is complex but not unsolvable. She said this action is moving the County in the right direction that is in a rational and compassionate way that is practical and reflects our values. It was MOVED by Mr. Proto, seconded by Mr. Burbank, to Call the Question. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Legislators Chock, Herrera, Kiefer, and McBean-Clairborne). THE QUESTION WAS CALLED. This resolution was adopted by a roll call vote. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] James Dennis, Member Pat Pryor, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Leslyn McBean-Clairborne WHEREAS, a "Living Wage," which in Tompkins County government has also been called the "Livable Wage," is commonly defined as the wage that can meet an individual's basic needs to maintain a safe, decent standard of living within the community, and WHEREAS, a Living Wage rate, calculated every two years by the Alternatives Federal Credit Union (AFCU), is considered to be the living wage standard within Tompkins County, and WHEREAS, Tompkins County was among the first local governments in the nation to embrace 334 December 3, 2013 the goal of a living wage, and is one of over 90 organizations in Tompkins County listed as a "certified living wage employer" by the Tompkins County Workers' Center as the result of its collectively bargained wage schedules that pay all County employees at or above the AFCU living wage, and WHEREAS, by Resolution No. 167 of 2003, the Tompkins County Legislature enacted a Livable Wage policy that directed County staff to "consider the wage levels and benefits, particularly health care, provided by contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable;", and WHEREAS, as the result of recent concerns expressed about the County's implementation of that policy, a work group was formed by the County Administrator, with the support of the Government Operations Committee and the Budget, Capital, and Personnel Committee, to review the Livable Wage policy, determine whether its goals are being adequately achieved, and, based on that review, to recommend to the Legislature specific changes in the policy or procedure that would address shortcomings in the policy or its execution, and WHEREAS, the work group, which consisted of three County Legislators and six County managers, met ten times over a four-month period to gather information and input regarding the policy, its execution, and potential changes in policy and procedure and to develop findings and recommendations to the Legislature, and WHEREAS, the work group presented the Legislature a report entitled "A Review of Tompkins County's 2003 Livable Wage Policy" dated August 8, 2013, that includes the group's findings and recommendations, and WHEREAS, among its many findings, the work group concluded that the 2003 Livable Wage policy remains an appropriate and relevant expression of the County's values and aspirational goals and also recognizes the need to balance this goal with other, and sometimes conflicting, County goals, and WHEREAS, the work group also found that, based on a fifteen percent survey return -rate of approximately 400 local contractors approximately three-quarters of County contractors now pay their employees the AFCU living wage, although for-profit contractors were more likely to pay the living wage than not-for-profit contractors, many of which have suffered reductions in state, federal, and local support and do not have the ability to absorb or pass on higher wage costs, and WHEREAS, the work group also found that many County contracts are either prohibited by law from imposing local wage requirements or are already required by law to incorporate State prevailing wage rates, leaving a relatively narrow band of service contracts subject to the Livable Wage Policy, many of which are held by not-for-profit agencies, and WHEREAS, despite the apparent high levels of attainment already being achieved, and the relatively narrow band of contracts subject to the 2003 Policy, the survey undertaken by the work group and testimony provided by contractors indicated that the imposition of a mandatory living wage requirement would result in prohibitive additional costs to the County, and WHEREAS, the work group also found an absence of any procedural guidance to department heads and contractors that would enable a clear and consistent interpretation and application of the 2003 Policy, and that without such procedural guidance, uncertainty about how and when to apply the Policy has likely diminished its effectiveness, and WHEREAS, based on these and an array of other findings, the work group has recommended the preservation of the 2003 Livable Wage Policy, and the development of procedures that will allow a clear and consistent interpretation and application of the Policy, including criteria to be considered when determining when it is "practical and reasonable" to incorporate the living wage into a contract, and 335 December 3, 2013 WHEREAS, the work group has recommended specific procedures for the interpretation and application of the Policy that define the size and type of contract subject to the policy, the positions that are covered, and criteria that can be applied by department heads when determining whether the living wage standard should be incorporated in a specific contract, and WHEREAS, those procedures also include measures that will improve accountability to the Legislature by a semi-annual report by the County Administrator to the Legislature detailing the level of attainment in achieving the living wage goal, and a formal assessment of the impact of recommended changes within two years of their enactment, and WHEREAS, the work group has transmitted the report to the Legislature in the belief that by addressing a procedural void that may have diminished the application and effectiveness of the policy in the past, the implementation of its recommendations will result in meaningful progress in achieving the goals implicit in the 2003 Livable Wage policy, and WHEREAS, the work group's report, and the recommendations contained therein, is now in the hands of the Legislature for consideration and authorization, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget, Capital, and Personnel Committees, That the Legislature accepts the August 8, 2013, Report of the Livable Wage Work Group and extends its' thanks to all who contributed to the Report, RESOLVED, further, That by July, 2014, the County Administrator shall report to the committee to which County Administration reports on any recommended changes to Resolution No. 167 of 2003, the Livable Wage Policy, arising from experience in negotiating contracts for 2014 and any new data collected during those negotiations. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Resolution 2013-224: Worker's Compensation Budget and Apportionment - Mutual Self -Insurance Plan (ID #4510) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Budget, Capital, and Personnel Committee estimates that the sum of $2,000 will be required during the year 2014 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 2014 the total sum of $2,000, the same to be apportioned to the County and the participating municipalities in the proportion that their equalized taxable real property valuation bears to the aggregate valuation of the County and all participating municipal corporations, as follows: 336 Municipality Ithaca (City) Caroline Danby Dryden Enfield Groton (Village) Groton Ithaca (Town) Lansing (Town) Newfield Ulysses Cayuga Heights (Village) Dryden (Village) Freeville (Village) Lansing (Village) Trumansburg (Village) County of Tompkins Total December 3, 2013 Taxable Full Value $1,564,124,293 $202,603,955 $258,804,924 $767,102,369 $175,076,951 $81,299,508 $173,424,047 $912,538,601 $733,256,339 $257,753,401 $333,942,439 $381,148,979 $107,000,823 $25,134,169 $455,189,116 $116,037,117 $6,544,437,031 $13,088,874,062 SEQR ACTION: TYPE I1-20 Apportionment $239.00 $30.96 $39.55 $117.21 $26.75 $12.42 $26.50 $139.44 $112.04 $39.39 $51.03 $58.24 $16.35 $3.84 $69.55 $17.73 $1,000.00 $2,000.00 * * * * * * * * * * Resolution 2013-225: Authorization to Sign Drafts (Checks) - County Administrator (ID #4490) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Pamela Mackesey, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, it is necessary, annually, to authorize a Tompkins County official to sign all Tompkins County drafts (checks), now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That during 2014 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 2013-226: Approving Completed Tax Rolls and Directing the Executing and Delivery of Warrants (ID #4487) 337 December 3, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] James Dennis, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, it is necessary annually to provide for property tax collection in Tompkins County to meet expenses and the cost of municipal governments in Tompkins County, and to direct that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon, RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.00(b) of the Tompkins County Charter, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chair and the Clerk of the Legislature under seal of the Legislature and by the Director of Assessment, and that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the nine towns and City districts of the County. SEQR ACTION: TYPE I1-20 * * * * * * * * * * Public Safety Committee Resolution 2013-227: Appropriation From Contingent Fund - Terminal -Pay Reimbursement - Sheriff's Office- Law Enforcement (ID #4478) This resolution was adopted by a short roll call vote. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Brian Robison, Member Leslyn McBean-Clairborne, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, the Sheriff's Office had a Chief Corrections Officer resign effective February 1, 2013, a Corrections Corporal retire effective February 27, 2013, a Corrections Officer retire effective April 30, 2013, a Corrections Officer resign effective June 5, 2013, and a Deputy Sheriff retire effective September 25, 2013, 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: FROM: A1990.54400 Contingent Fund $37,846 338 TO: A3113.51000419 A3150.51000406 A3150.51000401 A3150.51000290 A3150.58800 SEQR ACTION: TYPE II -20 December 3, 2013 Deputy Sheriff Corrections Officer Corrections Corporal Chief Corrections Officer Fringes * * * * * * * * * * $11,839 $ 7,144 $ 1,140 $ 3,998 $13,725 Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met since the last Legislature meeting. Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet on December 10th. There will be updated information on the status of the psychiatric centers that are being proposed to be closed by the State. Ms. Robertson reported on a meeting in Elmira that was very well attended last Saturday. There were amazing and compelling stories from family members and former patients. A week ago today the Assembly members and State Senators in the affected areas were asked to come to the Governor's office, but she has not yet heard back from that meeting. Mr. Proto said Mental Health Commissioner, Dr. Romanczuk, recently distributed information concerning this issue, but he has not yet had a chance to read it. Facilities and Infrastructure Committee Mr. Stein, Chair, had no report. The next Committee meeting is December 16th. Minutes of Previous Meeting 11/12/2013 Minutes RESULT: MOVER: SECONDER: AYES: ACCEPTED [UNANIMOUS] Frank Proto, Member James Dennis, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein 11/19/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [14 TO 1] Pat Pryor, Member Frank Proto, Member Burbank, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock 339 Recess December 3, 2013 Ms. Robertson declared recess at 8:45 p.m. The meeting reconvened at 8:50 p.m. Executive Session It was MOVED by Mr. Robison, seconded by Mr. Stein, and unanimously adopted by voice vote, to hold an executive session to discuss a personnel matter. An executive session was held at 8:50 p.m. and returned to open session at 9:00 p.m. Adjournment The meeting adjourned at 9:00 p.m. 340 December 17, 2013 Public Hearing - Local Law No. 3 of 2013 Ms. Robertson called the public hearing to order at 5:33 p.m. concerning Local Law No. 3 of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years and asked if anyone wished to speak. No one wished to speak and the public hearing was closed 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 Attendee Name Title Status Present_ Present Arrived Will Burbank Member Carol Chock Member James Dennis Member Present Kathy Luz Herrera Member Present Dooley Kiefer Member Present _ Michael Lane Vice Chair Present Pamela Mackesey Member Present Leslyn McBean-Clairborne Member Present 5:43 PM 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 Jaimi Hendrix, Trumansburg, thanked the members of the Public Safety Committee for the excellent presentation held on December 9th concerning the Jail renovation. She found the information presented very detailed and helpful. She referenced the letter Tim Joseph presented on December 12th concerning re-evaluation and re-entry and said some people are beginning to develop a working group further explore what Mr. Joseph has referred to. One of the areas being explored is within the City of Ithaca and the ordinances they have in place when someone is arrested for certain violations. Report from a Municipal Official(s) No Municipal Official was present. Privilege of the Floor by Legislators Mr. Dennis recognized Chair Robertson as it is the last meeting of the Legislature she will be chairing. He thanked her for her four years of service and said she has been a strong leader in the community. Ms. Pryor stated that this is her last meeting as a Legislator and said it has been an honor and privilege to be part of this Legislative body. She will treasure the connections she has made on the 341 December 17, 2013 Legislature and County staff. She believes the County is a wonderful organization and thanked everyone for the support. Mr. Proto also thanked everyone and reviewed the changes that have taken place over his 29 years of service and provided a history of events. When he began, the first Chair of this body was Harris Dates who recommended he get involved with the Tompkins County Arts Council now known as the Strategic Tourism Planning Board. He has chaired many committees including the Health and Human Services Committee for a number of years. He served on the Hospital Board and spoke of all the changes that have occurred in that area including the two new convenient care facilities. He served as a member of the Board of Health and helped form Hospicare. Other health related issues he participated in was un - fluoridated water and the closing of CHHA (Certified Home Health Agency). Mrs. McBean-Clairborne arrived at this time. Mr. Proto spoke of solid waste issues and said he served seven years as Chair of the Solid Waste Committee and the County now has a model recycling program. He spoke of the construction of new buildings including the Mental Health Building, Human Services Building, and Office for the Aging and at the time he joined the Board of Representatives, the decision had been made to move the Sheriff's office up to Warren Road where it currently is located. Mr. Proto spoke of his chairmanship of the Rural Affairs Committee and commented that at that time there was a Municipal Officials Association that is now called the Tompkins County Council of Governments. He spoke about TCAT and said before it was formed, there were three entities (City, County, and Cornell) that served as an operations committee. The Water Resources Council has been a very good group to reach out to the County's sustainability and environmental efforts. He also spoke of the various library committees that were formed over the years said the loss of the bookmobile helped create reading rooms in the Towns of Caroline, Danby, and Lansing. The only goal that was not reached was to establishing a library service in the Town of Enfield. At this time, Mr. Proto provided the following names of individuals in various positions during his years of service: - Dr. Bill Schmidt, Chair of the Health Department Bart DeLuca and Bob DeLuca, Commissioners of Mental Health - John Murphy, County Administrator, followed by Scott Heyman and Rick Erb - Dave Doyle, Comptroller, followed by David Squires - Robert Williamson, County Attorney, followed by Bob Mulvey and Henry Theisen - Hugh Hurlbut, Personnel Commissioner - Bob Howard, Sheriff - Bonnie Howell (daughter of Sheriff Bob Howard), Hospital Administrator Mr. Proto said the Agricultural and Farmland Protection Board has become more of a presence in the County. The Soil and Water Conservation Board is now a surviving organization. He helped bring the Distinguished Youth Award forward. He hopes the County will continue to be involved with the State Blue Ribbon Agriculture Committee and that the emergency planning and training program will move forward. The Youth Services and Recreation Partnership has become a strong organization over the years. An Archives program was created and Mr. Proto served as a State Commissioner and chaired a ten -county committee for ten years and established the archives fund bringing in $3-4 million for municipalities in Tompkins County. He helped start the Sustainability Center. Mr. Proto said during his service it has been a real challenge and a lot of fun. He spoke of the years he served as Vice Chair of the Board of Representatives and of the relationships that have built with municipalities and colleges. He spoke of the diversity initiative and said this County is way ahead of 342 December 17, 2013 others in that area. He is proud this County supports Veterans Affairs and hopes that will continue. He thanked County staff and said it is a great group of employees and has been wonderful to work with. He also thanked his constituents for supporting him for seven terms. Ms. Mackesey also thanked County staff and said Tompkins County has a very unusually competent and hardworking staff. There are employees with vision and who care about the people in this County. She has learned so much in the eight years and is taking away a tremendous amount from this experience. She expressed her appreciation throughout the years and when she was running for other political offices. Ms. Chock personally thanked Legislators Proto, Pryor, and Mackesey who will complete their term of office at the end of 2013. She hopes Legislators will remember Mr. Proto every time there is a vote on health related issues and water protection issues. She recognized Ms. Pryor's work on the broadband issue. She commented that she would miss Ms. Mackesey greatly as they have had similar positions on issues and she as always appreciated Ms. Mackesey's perspective. Mr. Lane spoke of appreciating the opportunity to have served with Legislators Proto, Pryor, and Mackesey. He said Ms. Pryor has accomplished a lot in the four years she served. He commended Ms. Mackesey on her efforts in running for various political offices, which he believes helped Tompkins County and brought recognition and important issues to the forefront. He spoke about Mr. Proto and the number of years they served together. He said it has been important to have a Veteran on the Legislature. Ms. McBean-Clairborne spoke about Mr. Proto's amazing historical knowledge and his commitment over the years to human beings. She commented on how after the elections, community organizations were expressing their sadness about Mr. Proto's departure from the Legislature and said it is a testament to what he has done. She and Ms. Mackesey go way back and said she learned about politics from Ms. Mackesey when she came to the United States. She expressed her appreciation for Ms. Mackesey's genuine kindness towards her family. She explained that she also met Ms. Pryor when she first came to the United States in the education area. She learned as a Legislator from Ms. Pryor how she took the lead and held the first community meeting concerning the budget and she found that to be very enlightening and forward thinking. Mr. Robison recalled when he first became a Legislator and felt he did not have anything in common with other Legislators and said that he learned that was a mistake. He thought decisions would be made by partisan votes, but that has not been the case. He stated Mr. Proto is a leader among Republicans in the County and has been for a long time. He spoke of his experience with running for the Sheriff's office a number of years ago and the support he received from Mr. Proto during that campaign. He wished Mr. Proto well and good health. Mr. Shinagawa also spoke about the three Legislators leaving and his favorite qualities about them. He could always count on Ms. Pryor for keeping an open mind and change her opinion on an issue if a compelling argument was made and believes that has made her a successful Legislator. He commented on how Ms. Mackesey has always been a progressive champion in the community and thanked her for bringing that to the Legislature. He stated Mr. Proto has helped make issues less partisan and believes it has really been important with some of the decisions that have been made by the Legislature. Ms. Herrera also spoke about Legislators Pryor, Mackesey, and Proto. She said Ms. Pryor has been a leader for a long time and a pioneer in many issues including the gay community and the living wage. Ms. Herrera spoke about serving with Ms. Mackesey on TCAT and her support for workers' rights and other progressive causes. She speaks the truth and candidly and Ms. Herrera said she appreciates that quality in Ms. Mackesey. Ms. Herrera said she has sat next to Mr. Proto for many years and said she has learned a lot from him about leadership and representation and how to bring one's values to life. He has 343 December 17, 2013 been a leader with TCAT and a supporter of workers' rights. She will miss the friendship she has built over the years with him. She thanked all three for their service and contributing to the community. Mr. Dennis addressed the three Legislators that are leaving and spoke about Ms. Pryor and Ms. Mackesey as teachers and appreciates the experience that was brought to the Legislature. He said he will have comments about Mr. Proto at the gathering being held December 19`h Ms. Kiefer said she attended the MPO meeting today where a TIP (Transportation Improvement Plan) amendment was made to acknowledge more money for TCAT. She said there was more money for capital, mobility management, and operating projects and in addition to purchasing four 40 foot buses, there will also be four under 30 foot buses, rural bus shelters. She commented that the amount of money is almost $2 million more. Chairs Report, and Chairs Appointments Ms. Robertson spoke from the following outline: What's in a term? Major accomplishments -2010-2013 1. Challenge: Worst economic collapse in a generation • Abrupt drop in aid and revenue (sales tax dropped by $2 million in one year), and equally rapid rise in demand for services • Response: Measured and balanced, involving shared sacrifice, tough choices, and fact -based decision-making. • As economy improved, focused on adapting to the "new normal" o Stayed smaller, but stabilized county operations o In 2014, devoted ourselves to helping stabilize our partners: TCPL, TC3, TCAT, TCAD, SWCD. • As we now stand: Unemployment is the lowest in NYS. Our reserves are strong and our credit rating, at AA1, is almost the best in the state. According to the Comptroller, Tompkins County is the third -most fiscally stable county in NY. We've adjusted to our era of constraint and are providing quality services to community 2. Challenge: Operate within a state system that requires much of counties • The past four years we've elevated our participation in NYSAC and the County Administrators Association, lobbying actively within NYSAC and directly with our state lawmakers. Also lobbied to keep our airport open after federal sequestration was imposed. • Topics have included addressing unfunded State mandates, CHHA regulations, hydrilla funding, gas drilling, Medicaid redesign, indigent defense, and oh, did I mention State mandates? 3. Challenge: Addressing our space needs • We completed the Health Department's move to Brown Road. • After years of delay, responded to the Court system's demand for additional space and our desire to vacate the Old Library, to put it to a more productive use. o Reviewed major Center of Government concept and concluded that a business case could not be made. As part of this, the Clerk's scanning initiative enabled us to avoid building new records storage space. o Considered many other options and chose the most cost-effective solution to problem • COFA out of courthouse, into a renovated vacant retail building ■ Squeezed Legislature and staff on one floor of Courthouse, avoiding the need to build other space for the Planning Department. • Day Reporting to HSB 344 December 17, 2013 4. Challenge: Turn the concept of an intermunicipal health benefits consortium into a reality • Prior legislatures and staff had conceived the idea of the consortium. • During our term, the concept became reality and we began to provide coverage to City, County, and most local governments in 2011 • Saved an estimated $1 million annually for participants, and added the City of Cortland in 2013 • Now, fiscally stable, ample reserves, initial capital contributions by members being returned, benefits are safe and of high quality. • Consortium broadened into TCCOG, turning previously -litigious relationships into collaborations 5. Challenge: Extend Broadband Access to the entire County • Thanks to the Broadband Committee headed by Pat Pryor, we've gone from having large parts of the county without broadband access, to a $2.2 million State grant to support a local business now building out broadband to most parts of the county. • Tonight, $8K to help the Town of Caroline reach some of the last areas without service. 6. Challenge: Update our 20 -year Capital Improvement Plan • Through CPR, revamped the plan and re -committed to re -invest in basic infrastructure 7. Challenge: Continue to improve our ability to realize the goals of a diverse and inclusive government • Through WDIC, undertook the first-ever "climate survey" of our employees • Last meeting, unanimously approved the Diversity and Inclusion Policy • Made headway on issue of paying a living wage to employees of County contractors 8. Challenge: Upgrade the capacity of our IT operations in order to be able to sustain County operations in a revenue constrained era • Major investments in automated systems: HR/Payroll, systems at the 911 Center, major new system in Environmental Health, new Deputy Director, and our new web page. 9. Challenge: Continue to bring talented, highly qualified people into our government • In past four years hired Frank Kruppa, Amie Hendrix, Sue Romanczuk, Karen Baer, Jeff Smith, Rick Snyder, plus several new deputies. We didn't "hire" Sheriff Ken Lansing but we brought him into county government. Deputy County Administrator returned to full-time. OTHER INITIATIVES OVER THE PAST FOUR YEARS: Housing and Economic Development • Major "rapid rehousing" grant during bottom of recession • Housing Strategy and Housing Needs Assessment during the previous term led to establishing the Housing Fund, the partnership among the County, City, and Cornell. • 2020 Strategic Tourism Plan Environment: • 2020 Energy Strategy, awarded Climate Showcase grant ($370,000) for sustainable housing projects, and earned and are carrying out Regional Sustainability Grant ($1 mil) • Installed solar panels on most of our buildings, and implemented single stream recycling • Road preservation law • Attacked hydrilla-led charge for State funding • Created nation's first sustainable master plan for the airport Processes of governments: • Launched new optical scanning voting machines, coordinated "full count" Census effort, and accomplished redistricting through an independent commission, one of only 2 counties to do so. 345 December 17, 2013 • Task Forces studied our Assigned Counsel program, TCAD funding for TCAD and TCPL, the Living Wage, our IT needs, and the structure of employee benefits. WHAT'S AHEAD? Most important issues the County will face in 2014: • Old Library. Our plan is to select a developer in November, with work starting in early 2015. • Airport. In 2014, we will be focused on returning business to the record levels experienced before the sequestration. • Labor Contracts. All the County's labor contracts will expire at the end of 2014. The collaboration and restraint of our employees in the early days of the recession contributed to our ability to maintain most of our programs without large lay-offs. • Relations with New York State. Unfunded mandates remain the major driver of our budget, and new strictures seem on the horizon, specifically the Governor's new tax plan • Evaluate jail population, our ATIs, and make progress toward greater diversity in the Sheriffs Dept. • Continued signs that the economic recovery is leaving many behind. • We are now well into a national economic recovery, and are seeing signs of restored strength. Tompkins County's 4.8% unemployment rate is the lowest since December, 2008 and we are in the midst of a local building boom. • However, negative trends persist. Since last October, our public assistance cases have increased by almost 13%. The number of families receiving food stamp assistance, which rose 25% over the past four years, is still increasing. Adult protective cases have risen sharply over the past year, and local food banks are reporting growing demand. • Clearly, a significant number of people in Tompkins County are not participating in the recovery, and are increasingly reliant on services counties in New York State are mandated to provide. • We must address these large and growing demands for service within our constrained budget. Through our Workforce Center, and working with our partners TC3 and TCAD, as well as Cornell, we need to recommit to even stronger focus on creating quality jobs for our residents. • All these accomplishments are thanks to our amazing staff, our many community partners, and our engaged residents! Special acknowledgment of and thanks to Joe Mareane, Cathy Covert, Michelle Pottorff, and Karen Fuller, for four years of close collaboration and support. Resolutions Added to and Withdrawn from the Agenda It was MOVED by Mr. Dennis, seconded by Ms. Pryor, and unanimously adopted by voice vote, to add to the agenda the resolution entitled: Authorizing the Appropriation of Funds from the Contingency Fund for the Purpose of Assisting the Expansion of Access to Broadband Internet Service. It was MOVED by Ms. Chock, seconded by Mr. Burbank, and unanimously adopted by voice vote, to add to the agenda the resolution entitled: Accepting Park Foundation Grant for Solarize Tompkins Project. It was MOVED by Mr. Burbank, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to add to the agenda the resolution entitled: 2013 Tourism Program Budget Adjustments. Ms. Robertson gave Mr. Stein permission to withdraw from the agenda the resolution entitled: Assessment of the Effectiveness of Colored Shoulders in Reducing Traffic Speed on Tompkins County Roads. 346 December 17, 2013 Resolutions Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Resolution 2013-228: Authorizing Submittal of 2013 New York State Housing Trust Fund Office of Community Renewal Community Development Block Grant Program Application to Continue the Tompkins County Homeownership Program (X) (ID #4483) 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, Energy, and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for $691,500 in funding in the 2013 round of the Housing Trust Fund Office of Community Renewal CDBG funding for the Tompkins County Homeownership Program (X), 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 I1-20 ********** Resolution 2013-229: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 230 of 2013: Authorizing an Agreement with the State of New York for Transfer of Taughannock Boulevard Parcel that Buffers the Black Diamond Trail (ID #4524) WHEREAS, in Resolution No. 230 of 2013, the Tompkins County Legislature would authorize the County Administrator or his designee to execute agreements with the State of New York to transfer a parcel that buffers the Black Diamond Trail, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That Resolution No. 230 of 2013 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 230 of 2013. 347 December 17, 2013 SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) * * * * * * * * * * Resolution 2013-230: Authorizing an Agreement with the State of New York for Transfer of Taughannock Boulevard Parcel that Buffers the Black Diamond Trail (ID #4523) WHEREAS, twenty two (22) parcels were subject to foreclosure proceedings by Tompkins County in 2012, and WHEREAS, Town of Ulysses Tax Parcel #27-4-6 was one of the parcels subject to foreclosure, and WHEREAS, the parcel is a vacant, 4.10 -acre parcel located on Taughannock Boulevard, north of Perry City Road, and WHEREAS, the parcel is located in the Lakeshore Natural Features Focus Area, the Maplewood Glen and Lakes Slopes Unique Natural Area (UNA-62), and the Cayuga Lake Scenic Byway, and WHEREAS, the parcel is bordered to the west by approximately 380' of the Black Diamond Trail, and WHEREAS, the County Planning Department recommended that the Government Operations Committee withhold the parcel from the 2012 foreclosure auction in order to study options for the parcel's protection, and WHEREAS, the Government Operations Committee voted to withhold the parcel from the 2012 foreclosure auction for that purpose, and WHEREAS, New York Office of Parks, Recreation, and Historic Preservation (State Parks) expressed interest in acquiring the parcel to preserve unique natural functions and values and to serve as a buffer to the Black Diamond Trail, and WHEREAS, State Parks has made a purchase offer of $30,000 based on their independent appraisal, and WHEREAS, County Administrative Policy No. 01-07 (Land Transactions) requires that whenever the Legislature decides to negotiate a sale for less than the fair market value for real property, the resolution conveying the property shall clearly state the public purpose served by conveying for this price and it shall include the estimate of the fair market value of the property at its highest and best use as prepared by the Assessment Department, and WHEREAS, the Assessment Depaitment has determined that the fair market value of the property is $56,000 for residential use, and WHEREAS, by virtue of having withheld this parcel from the foreclosure auction, the County is responsible for payment of back taxes in the amount of $12,632.64, and WHEREAS, the reason that this property is being conveyed for less than fair market value is to enhance the Black Diamond Trail, increase recreational opportunities for residents and tourists of the County, and protect significant unique natural areas in the County, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the County Administrator or his designee be authorized to execute an agreement with 348 December 17, 2013 the State of New York for transfer of the property to State Parks, RESOLVED, further, That the County Administrator or his designee is also authorized to execute any other agreements necessary for the County to implement the transfer to the State of New York, RESOLVED, further, That the Finance Director is directed to deposit the balance of the proceeds of the sale, after payment of all back taxes due, to the 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) * * * * * * * * * * Resolution 2013-231: Transfer of Position and Related Funding from the Mental Health Services Department to the Information Technology Services Department (ID #4538) WHEREAS, Tompkins County supports the continued movement toward a consolidated information technology system for the organization as a means to achieve the most cost effective delivery of information technology services, and WHEREAS, the Tompkins County Mental Health Services Department currently has systems that are supported by the Information Technology Services (ITS) Department and, with the expansion of electronic medical records, will become increasingly reliant on responsive, high quality information technology support, and WHEREAS, The Tompkins County Mental Health Services Department can benefit from having the ITS Department provide oversight and management of all of the information technology functions that are necessary for the efficient running of the Department, and WHEREAS, The Tompkins County Mental Health Services Department can benefit from the specific expertise of the ITS Department in upgrading and maintaining a technology system that will meet both the current and future needs of the Department, and WHEREAS, the ITS Department has successfully managed the integration of the information technology system of Public Health Department into the County ITS Department, demonstrating the effectiveness of such appropriate internal consolidations and the ability to maintain high levels of responsiveness and customer satisfaction, and WHEREAS, The Tompkins County Mental Health Services Department has an interest in transferring the information technology functions as well as Systems Analyst position, including salary and fringe benefits, to the County Information Technology Department for the purpose of achieving such organization -wide improvements, now therefore, bet it RESOLVED, on recommendation of the Health and Human Services and Budget, Capital and Personnel Committees, That the Tompkins County Mental Health Services Department is authorized to transfer a Systems Analyst position, as well as the funding associated with that position, to the Tompkins County Information Technology Services Department and, in return, the Information Technology Department will accept the oversight and management of the information technology functions of the Mental Health Services Department, RESOLVED, further, That the Finance Director and Commissioner of Personnel be directed to make the following transfer of position and related funding from the Mental Health Services Department to the Information Technology Services Department: 349 From: 4310-51000719 From: 4310-58800 To: 1680-51000719 To: 1680-58800 SEQR ACTION: TYPE II -20 December 17, 2013 Systems Analyst Fringe Benefits Systems Analyst Fringe Benefits * * * * * * * * * * $55,522 $31,592 $55,522 $31,592 Resolution 2013-232: Authorizing Acceptance of a New York State Grant for Perimeter Security Fence Improvements - Ithaca Tompkins Regional Airport (PIN 3902.33) (ID #4506) WHEREAS, the County has received a grant offer from the New York State Depai Intent of Transportation (NYSDOT) in the amount of $57,384.00 to assist with Perimeter Security Fence Improvements, and WHEREAS, the budget for this project is as follows: FAA Share (90.0%) Account No. HT 5601.44592 NYSDOT Share (5.0%) Account No. HT 5601.43592 Airport Budget (5.0%) Account No. HT 5601.45031 Total , and $1, 032,915.00 $ 57,384.00 $ 57,384.00 $1, 147,683.00 WHEREAS, the local share of $57,384.00 has been factored into the 2013 airport budget and will be paid through airline fees, and WHEREAS, in the event of project cost increases, the NYSDOT share may be increased by up to fifteen percent (15%) to a maximum of $65,991.60 based on approved eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT Grant is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 * * * * * * * * * * Resolution 2013-233: Award of Contract - Laboratory Analytical Testing Services - Solid Waste Division (ID #4542) WHEREAS, the Tompkins County Finance Department has competitively solicited for proposals for laboratory analytical services for closed landfills, and WHEREAS, four (4) proposals were received and publicly opened on December 5, 2013, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract be awarded to TestAmerica Laboratories, Inc., of 10 Hazelwood Drive, Amherst, NY, 14228, as the lowest responsible proposer in the amount of $18,430 per year for a three -year term, RESOLVED, further, That the County Administrator or his designee be and hereby is authorized to enter into a contract on behalf of the County, funds to be provided from the Solid Waste Operating Budget, Account No. 8166.4442. SEQR ACTION: TYPE II -20 * * * * * * * * * * 350 December 17, 2013 Resolution 2013-234: Authorization to Execute Construction Funding Agreement with New York State Department of Transportation (NYSDOT) — Upstream Forest Home Drive Bridge (BIN 3047450) Over Fall Creek, PIN 3950.41, Town of Ithaca (ID #4548) WHEREAS, a Project for the reconstruction of a bridge carrying Forest Home Drive over Fall Creek (BIN 3047450) in the Town of Ithaca, P.I.N. 3950.41, (the Project), 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 for Highway Bridge Rehabilitation and Replacement Program funds, and at the ratio of 75% federal funds and 25% non-federal funds for Transportation Enhancement Program funds, and WHEREAS, Resolution No. 227 adopted on November 20, 2007, approved the Project and authorized execution of an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding, and WHEREAS, Resolution No. 79 adopted on May 18, 2010, authorized issuance of Design Approval for the Project, and WHEREAS, the NYSDOT requires for locally administered projects that the County appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of Construction, 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 (100%) percent of the federal and non-federal share of the cost of Construction work for the Project or portions thereof, RESOLVED, further, That the sum of $2,240,000 is hereby made available within account HZ5103.59239.53.20, Forest Home Capital Project Account, to cover the cost of participation in all phases of the Project, RESOLVED, further, That in the event the full federal- and non -federal -share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification from the NYSDOT thereof, 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 NYSDOT in connection with the advancement or approval of the Project, the administration of the Project, the municipality's first -instance funding of Project costs, 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 Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: Unlisted, Negative Declaration issued (No further action required) ********** 351 December 17, 2013 Resolution 2013-235: Authorization to Reallocate 2013 Funding to Community Arts Partnership - Ticket Center from Arts and Culture Organizational Development Grant Program (ID #4527) WHEREAS, Tompkins County has an Arts and Culture Organizational Development (ACOD) Grant Program through its Tourism Program and has also provided support to Ticket Center Ithaca through its Tourism Program, using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has reviewed a request by the Community Arts Partnership for additional County support to mitigate a financial loss precipitated by the closure of the Ticket Center in October 2013 and has reviewed a proposal for a 2013 funding reallocation from the ACOD Grant Program to Ticket Center Ithaca for recommendation to the Tompkins County Legislature through the Economic Development Committee with the advice of the Strategic Tourism Planning Board, and WHEREAS funding exists within the 2013 ACOD Grant Program budget to support this reallocation, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That $24,324 is reallocated in 2013 from the ACOD Grant Program to the Community Arts Partnership for Ticket Center Ithaca, 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 ********** Appointments Approved Under the Consent Agenda RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frank Proto, Member Pat Pryor, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Substance Abuse Subcommittee - terms expire December 31, 2017 Amie Hendrix - Community Member representative Thomas Lipa - Community Member representative Stu Bergman - Community Mental Health Services Board representative Community Mental Health Services Board - terms expire December 31, 2017 Khaki Wunderlich Kevin McKenna Mary Hutchens Auguste Duplan Stu Bergman Developmental Disabilities Subcommittee - term expires December 31, 2017 Auguste Duplan - Community Mental Health Services Board representative Mental Health Subcommittee - term expires December 31, 2017 352 December 17, 2013 Mary Hutchens - Community Mental Health Services Board representative Tracy Decker - Community member representative Office for the Aging Advisory Committee Ronda S. Ketcham - term expires December 31, 2015 William Tomek - term expires December 31, 2016 Eugenia Landers - term expires December 31, 2016 John Scott - term expires December 31, 2016 Board of Health Michael J. McLaughlin - City of Ithaca representative; term expires December 31, 2019 Edward Koppel, MD - Physician Member; term expires December 31, 2015 Personal Emergency Communications Review and Oversight Committee Ken Lansing - Agency representing disabled or elderly; term expires December 31, 2015 Environmental Management Council - terms expire December 31, 2015 Martha Ferger - Village of Dryden representative Stephen Nicholson - Town of Caroline Carolyn Peterson - At -large representative Pegi Ficken - Town of Groton representative Water Resources Council - terms expire December 31, 2016 Lynn Leopold - Municipal Government representative Daniel Karig - Recreation representative Chris Bordlemay - Water Purveyor representative Roxanna Johnston - At -large representative Jon Negley - Soil and Water Conservation District representative Tompkins Consolidated Area Transit Kathy Luz Herrera - County representative; term expires December 31, 2016 Advisory Board on Indigent Representation Kelly Damm - term expires December 31, 2016 Criminal Justice Advisory/Alternatives-to-Incarceration Board - terms expire December 31, 2016 Deana Bodnar - DSS representative Susan Cook - County Attorney's Office representative Family Court Advisory Council Krissy Hendley - DSS representative; term expires December 31, 1015 Emergency Communications Review and Oversight Committee - terms expire December 31, 2016 Edward K. Abruzzo - New York State Police representative Mark Bell - Countywide Fire/EMS representative Jason Fulton - Citizen representative STOP -DWI Advisory Board Stu Bergman - Substance Abuse Subcommittee; term expires December 31, 2016 Library Board of Trustees - terms expire December 31, 2016 353 December 17, 2013 John J. Clark, Jr. Kenneth McClane Public Information Advisory Board Stacey Shackford - term expires December 31, 2015 Ethics Advisory Board Steven J. Getman - term expires December 31, 2017 Hillview Road Landfill Citizens Advisory Committee Joel Gagnon - Neighborhood representative; term expires December 31, 2017 Air Services Board Alan Pedersen - At -large representative; term expires December 31, 2016 Soil and Water Conservation District Daniel J. Carey - Farm Bureau representative; term expires December 31, 2016 Fish and Wildlife Management Board Lynn Szabo - Sportsman representative - term expires December 31, 2015 * * * * * * * * * * Planning, Energy, and Environmental Quality Committee Resolution 2013-236: Making a Negative Determination of Environmental Significance in Relation to Resolution No. 237 of 2013: Appropriating Funds from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection for the Yellow Barn Road property in a Natural Features Focus Area (ID #4526) 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, in Resolution No. 237 of 2013 the County allocates 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 of approximately 98 acres of the 101.69 -acre Yellow Barn Road property (Town of Dryden tax parcel 59.-1-42.22), 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, Energy, and Environmental Quality Committee, That Resolution No. 237 of 2013 is an unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative determination of environmental significance in regard to Resolution No. 237 of 2013. SEQR ACTION: Unlisted (Short EAF on file with the Clerk of the Legislature) ********** 354 December 17, 2013 Resolution 2013-237: Appropriating Funds from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection for the Yellow Barn Road Property in a Natural Features Focus Area (ID #4525) 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 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 $10,193, and WHEREAS, the purpose of the Capital Reserve Fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to: • protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan; • preserve and develop recreational trail corridors that cross municipal borders; and • develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents, and WHEREAS, the Program Guidelines for use of the Capital Reserve Fund calls for proposed projects to substantially further at least one of the following objectives: • Protect a stream buffer at least 330 feet in width, • Provide public access to the Cayuga Lake shore, • Protect land that is adjacent to permanently protected open space, • Preserve land on an existing or potential intermunicipal trail corridor, • Protect a high concentration of Prime Soils or Soils of Statewide Significance, or • 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 98 acres of the 101.69 -acre Yellow Barn Road property (Town of Dryden tax parcel 59.-1-42.22), and WHEREAS, the Town of Dryden Town Board has voted to support the conservation easement on this property, and WHEREAS, the Yellow Barn Road property • is in the Forestlands Natural Features Focus Area as designated in the Tompkins County Comprehensive Plan; • shares a 3,000 foot common boundary with Yellow Barn State Forest; • is located in the Six Mile Creek Watershed; • is within the New York State Open Space Plan's Emerald Necklace Greenbelt; • provides an important connection between State Forest, Cornell Natural Areas, Cornell Plantations Natural Areas, and Finger Lake Land Trust preserves, and 355 December 17, 2013 WHEREAS, the Finger Lakes Land Trust has agreed to accept a conservation easement on the Yellow Barn Road property, subject to the establishment of a stewardship fund for long-term monitoring and management, and WHEREAS, the Commissioner of Planning and the Planning Advisory Board have recommended that the County Legislature authorize funding from the Capital Reserve Fund to support the Yellow Barn Road property conservation easement, now therefore be it RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee and the Budget, Capital, and Personnel Committee, That a total of Five -Thousand Five Hundred dollars ($5,500) 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 Yellow Barn Road 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 Department budget (A8027.54400 - $5,500) 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) * * * * * * * * * * Resolution 2013-238: Accepting Park Foundation Grant for Solarize Tompkins Project (ID #4554) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Carol Chock, Member David McKenna, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Tompkins County submitted a grant request to the Park Foundation to provide funding to run a Solarize Tompkins Program to change community perceptions of solar power through grassroots mobilization, public education, and bulk purchase of solar PV systems accelerated by low prices and vetting of installers to reduce financial and technical barriers and produce community momentum, and WHEREAS, the grant would fund a project manager for 18 months, expert input, printing costs, database management, and project assessment, with the project manager consulting under contract to the County, and WHEREAS, these types of private/public partnerships are critical if the County is to achieve its adopted goal of an 80% reduction in greenhouse gas emissions by 2050, and WHEREAS, the County has been awarded grant funds from the Park Foundation for this purpose, and WHEREAS, the Department of Planning is prepared to support this project and administer the grant funds, now therefore be it 356 December 17, 2013 RESOLVED, on recommendation of the Planning, Energy, and Environmental Quality Committee, That the County hereby accepts Park Foundation Grant funds in the amount of $80,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -21 * * * * * * * * * * Facilities and Infrastructure Committee Resolution 2013-239: Resolution Urging the New York State Legislature to Enact Extended Producer Responsibility Legislation (ID #4543) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Peter Stein, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Tompkins County has established a goal of diverting 75% of our solid waste from disposal in landfills by 2016, and WHEREAS, New York State policy charges local governments with meeting waste diversion goals, which are impacted by the increasingly complex and difficult -to -handle products and packaging in the marketplace, and WHEREAS, Extended Producer Responsibility (EPR) is an approach in which producers are given a consistent industry -wide framework that offers incentive for smart design while outlining end -of - life management responsibilities for products, and WHEREAS, EPR is a form of industry -led recycling that creates jobs and economic development in direct proportion to the amount of material recycled, and WHEREAS, the Tompkins County Legislature believes the State of New York to transfer the responsibility for the costs of managing certain products, including toxic materials, at end -of -life to the producers who influence product design, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature urges the State of New York State to enact framework EPR legislation that will transfer leadership for end -of -life product management to producers while providing the incentive to design products to make them less toxic and easier to reuse and recycle, RESOLVED, further, That the Tompkins County Solid Waste Manager be authorized to send letters to the State legislature and State associations to urge support for EPR legislation, RESOLVED, further, That copies of this resolution will be sent to Governor Cuomo, Assemblywoman Barbara Lifton, Senator James Seward, Senator Mike Nozzolio, Senator Tom O'Mara, the New York State Association of Solid Waste Managers, New York State Association of Recyclers, New York State Assembly Energy Committee Chair Amy Paulin, New York State Assembly Environmental Conservation Committee Chair Robert Sweeney, New York State Assembly Health Committee Chair Robert Gottfried, New York State Senate Energy and Telecommunications Committee 357 December 17, 2013 Chair George D. Maziarz, New York State Senate Environmental Conservation Chair Mark Grisanti, and New York State Senate Health Committee Chair Kemp Hannon, RESOLVED further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Resolution 2013-240: Resolution Urging the New York State Legislature to Enact Producer Responsibility Legislation for Paint Recycling (ID #4544) Ms. Chock asked if there were any groups or organizations where residents could provide input. Ms. Eckstrom said Kat McCarthy, the Waste Reduction and Recycling Specialist, serves on the New York State Association of Recyclers and Reducers Board. She is directly involved and informed with what is going on. Ms. McCarthy explained organization she is involved in provides opportunities to engage individuals and supports local resolutions approved and tries to move them forward. Another great resource for local residents is the Products Stewards Council of New York State. Ms. Eckstrom emphasized that Kat McCarthy is a great resource locally to inform residents of what is going on and for residents to have a voice. RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [14 TO 1] Peter Stein, Member Dooley Kiefer, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Pryor, Robertson, Robison, Shinagawa, Stein Frank Proto WHEREAS, it is estimated by the American Coatings Association and the Product Stewardship Institute that roughly 3.1 million gallons of leftover paint are generated in New York State each year, and WHEREAS, management of leftover paint in New York results in a cost that typically represents 50% of municipal household hazardous waste collection budgets, and WHEREAS, a statewide paint stewardship program would mean that the paint industry would be responsible for collecting and managing leftover paint in New York, and WHEREAS, the American Coatings Association, a trade association representing paint manufacturers from across the United States has created PaintCare, a non-profit program to manage the reuse, recycling, and disposal of leftover paint, and WHEREAS, other states, including Rhode Island, Connecticut, and Oregon have passed legislation implementing paint recovery programs managed by PaintCare, saving local municipalities the cost to manage paint as part of household hazardous waste collection programs, and WHEREAS, in addition to reducing government costs, a paint stewardship program would create green sector jobs and reduce waste, and WHEREAS, the Tompkins County Legislature therefore wishes to express its support for an industry -sponsored statewide paint collection system, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby urges the New York State Legislature to enact paint recycling 358 December 17, 2013 legislation that would require the paint industry to be responsible for collecting and managing leftover paint in New York, RESOLVED, further, That copies of this resolution will be sent to Governor Cuomo, Assemblywoman Barbara Lifton, Senator James Seward, Senator Mike Nozzolio, Senator Tom O'Mara, the New York State Association of Solid Waste Managers, New York State Association of Recyclers, New York State Assembly Energy Committee Chair Amy Paulin, New York State Assembly Environmental Conservation Committee Chair Robert Sweeney, New York State Assembly Health Committee Chair Robert Gottfried, New York State Senate Energy and Telecommunications Committee Chair George D. Maziarz, New York State Senate Environmental Conservation Chair Mark Grisanti, and New York State Senate Health Committee Chair Kemp Harmon, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 * * * * * * * * * * Economic Development Committee Resolution 2013-241: 2013 Tourism Program Budget Adjustments (ID #4555) RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Will Burbank, Member Carol Chock, Member Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, Tompkins County has an Arts and Culture Organizational Development (ACOD) Grant Program, Tourism Capital Grant Program, Community Celebrations Grant Program, and Tourism Marketing and Advertising Grant Program through its Tourism Program, using funds drawn entirely from Room Occupancy Tax, and WHEREAS, the Strategic Tourism Planning Board (STPB) has a policy permitting certain programs which are funded by hotel room occupancy to use allocated, but unspent funds from the previous year in their subsequent year's budget, and WHEREAS, the Tourism Coordinator determined that a total of $14,687 were allocated but unspent in 2012 between the ACOD Grant Program ($7,437), Tourism Capital Grant Program ($1,602), Community Celebrations Grant Program ($3,424), and Tourism Marketing and Advertising Grant Program ($2,224), and WHEREAS, the STPB reviewed and voted to approve for recommendation a modified 2013 Tourism Program budget which included moving 2012 allocated but unspent funds within each of these four programs to the 2013 Tourism Program budget, and WHEREAS, the process to develop the 2014 Tourism Program budget which was adopted by the Tompkins County Legislature on November 19, 2013, included explicit assumptions about use of room tax reserves for 2013 budget adjustments within each of these four programs, and WHEREAS, the Economic Development Committee voted on August 20, 2013, to recommend the adoption of 2014 Tourism Program budget developed by the STPB, but did not vote on a resolution to authorize related 2013 budget adjustments at that time, and 359 December 17, 2013 WHEREAS, room tax reserves exist with the County's room occupancy tax fund for the proposed 2013 budget adjustments, and WHEREAS, Tompkins County has reviewed this recommendation to the Tompkins County Legislature through the Economic Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That $7,437 is allocated in 2013 from room tax reserves to the ACOD Grant Program, increasing the total 2013 budget for the ACOD Grant Program from $200,773 to $208,210, RESOLVED, further, That $1,602 is allocated in 2013 from room tax reserves to the Tourism Capital Grant Program, increasing the total 2013 budget for this program from $201,180 to 202,782, RESOLVED, further, That $3,424 is allocated in 2013 from room tax reserves to the Community Celebrations Grant Program, increasing the total 2013 budget for Community Celebrations Grants from $31,600 to 35,024, and RESOLVED, further, That $2,224 is allocated in 2013 from room tax reserves to the Tourism Marketing and Advertising Grant Program increasing the total 2013 budget for this program from $52,220 to 54,444. SEQR ACTION: TYPE II -20 Recess * * * * * * * * * * Ms. Robertson declared recess at 7:40 p.m. The meeting reconvened at 7:56 p.m. Privilege of the Floor by the Public (continued) Robert Lynch, Enfield, spoke about the Broadband funding resolution for the Town of Caroline on the agenda this evening. He encouraged the Legislature to adopt it. However, he hopes that the Legislature at this meeting or a future meeting would consider other pockets of Tompkins County that currently lack broadband Internet access. His home is one of those locations in the southern portion of the Town of Enfield. It was one of the areas originally proposed in the broadband grant but was cut by the Governor's cost-cutting measures for broadband. He said he is using dial-up Internet and taking four TC3 on-line Internet courses and said it is very challenging. Again, he hopes the Legislature will consider providing funding to help Clarity Connect extend broadband to his area. The plan is in place, it is the funding that is lacking. Government Operations Committee Resolution 2013-242: Adoption of Local Law No. 3 of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years (ID #4507) 360 December 17, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Pat Pryor, Member Michael Lane, Vice Chair Burbank, Chock, Dennis, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein WHEREAS, County Law Section 215 provides that after determining that a property is no longer needed for public use a County may sell the property or lease the property for a term not to exceed five years, and WHEREAS, by New York State Comptroller Opinion 68 - 857 the State Comptroller opined that a municipality may enter into leases for a term in excess of five years if the municipality authorizes such leases by local law, and WHEREAS, Section 24 of New York State Municipal Home Rule Law provides that any local law that changes a provision of law relating to leasing of real property is subject to referendum on petition (permissive referendum), and WHEREAS, the County Legislature may in the future desire to lease property no longer needed for public use for a term in excess of five years, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 3 of 2013 - A Local Law Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years is hereby adopted. SEQR ACTION: TYPE II -20 * * * * * * * * * * Budget, Capital, and Personnel Committee Resolution 2013-243: Authorizing the Appropriation of Funds from the Contingency Fund for the Purpose of Assisting the Expansion of Access to Broadband Internet Service (ID #4557) It was MOVED by Ms. Mackesey, seconded by Mr. Proto, to amend the resolution and increase the $8,000 to up to $15,000 to be appropriated. It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, to Call the Question. A voice vote resulted as follows:: Ayes - 10; Noes - 4 (Legislators Herrera, Kiefer, Mackesey, and Stein); Temporarily out of the room - 1 (Legislator Chock). THE QUESTION WAS CALLED. A voice vote resulted as follows on the amendment to change $8,000 to $15,000: Ayes - 11; Noes - 4 (Legislators Dennis, Herrera, Robertson, and Robison). AMENDMENT CARRIED. The resolution was adopted by a short roll call vote. 361 December 17, 2013 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [13 TO 2] James Dennis, Member Nathan Shinagawa, Member Burbank, Chock, Luz Herrera, Kiefer, Lane, Mackesey, McBean-Clairborne, McKenna, Proto, Pryor, Robertson, Shinagawa, Stein James Dennis, Brian Robison WHEREAS, Tompkins County has recognized the public benefits of extending broadband internet coverage to all parts of the County, and WHEREAS, on August 26, 2010, the Tompkins County Legislature formed a Broadband Committee to assess broadband infrastructure investment, deployment, and adoption opportunities countywide and to make recommendations for improved broadband access to underserved and un -served areas of the County, and WHEREAS, as a result of the Committee's efforts, a cost-effective approach was identified to extend broadband to virtually all un -served and underserved areas of the County, and WHEREAS, the broadband solution proposed by the Committee was recognized by New York State in the form of a Connect NY Broadband grant allocation that ranked third in New York State and that provided a level of funding adequate to address most, but not all, of the un -served and underserved areas of the County, and WHEREAS, the remaining gaps in broadband coverage are concentrated in the Town of Caroline, and WHEREAS, the cost to extend broadband access to 90% to 95% of Town residents in these difficult -to -reach areas is estimated at $218,000, and WHEREAS, in order to achieve such an expansion of access without placing a unique burden on Town taxpayers, the Town of Caroline has undertaken efforts to raise public, private, and philanthropic funding to fill these gaps in broadband coverage and has secured commitments of $156,000 to date, and WHEREAS, while recognizing the sizable in-kind contribution the County has made to the project, the Town of Caroline is requesting a modest financial contribution from the County, and WHEREAS, when pooled with other funds being raised by the Town of Caroline, the County's contribution will bring the County closer to its goal of universal access to broadband internet by extending access to some of the most rural and difficult -to -reach areas of the County, now therefore be it RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the County Administrator be authorized to enter into a contract with the Town of Caroline to provide up to $15,000 in financial support to the Town's efforts to extend broadband access to the Town of Caroline, provided that such contract require an accounting of the sources and uses of funds raised and appropriated by the Town for the broadband project, RESOLVED, further, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $15,000 TO: A1230-54400 Program Expense $15,000 362 December 17, 2013 SEQR ACTION: TYPE II -20 ********** Minutes of Previous Meeting Recess 12/3/2013 Minutes RESULT: MOVER: SECONDER: AYES: NAYS: ACCEPTED [13 TO 2] Frank Proto, Member Brian Robison, Member Burbank, Dennis, Luz Herrera, Lane, Mackesey, McBean- Clairborne, McKenna, Proto, Pryor, Robertson, Robison, Shinagawa, Stein Carol Chock, Dooley Kiefer Ms. Robertson declared recess at 9:15 p.m. The meeting reconvened at 9:25 p.m. Executive Session It was MOVED by Mr. Stein, seconded by Mr. Robison, And unanimously adopted by voice vote, to hold an executive session to discuss a personnel matter. An executive session was held at 9:20 p.m. and returned to open session at 10:00 p.m. Ad i ournment The meeting adjourned at 10:00 p.m. 363 Tompkins County Proceedings 2013 LOCAL LAWS 364 Tompkins County Proceedings LOCAL LAW TITLE(S) Local Law No. 1 of 2013 - A Local Law Overriding Tax Levy Limit for 2014 (Adopted June 18, 2013) Local Law No. 2 of 2013 — A Local Law Amending Chapter 32 — Code of Ethics (Adopted July 16, 2013) Local Law No. 3 of 2013 — A Local Law to Authorizing the Leasing of Real Property No Longer Needed for Public Use for a Term of Up to 99 Years (Adopted December 17, 2013) 365 DOS -0239 -f -I (Rev. 06/12) (If additional space is needed, attach pages the same size as this sheet, and number each.) Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State. • NOIlOES ▪ I NOLLOJS D 0/o d /§ \ ® I1 ■ ■ 0 0 0 ❑ w 0 2 CD (Name of Legislative Body) 03 0 0 § 0 0. 0 ] ƒ \ \ r (0 \ a 0 0 \ 0 C las0 % ƒ / \ r k / moN M81 leaoi st OZ Jew( ay; jo 11\X ¢CD H E n G' » o ) ]2 of 5 �� = ƒ cn a cn ❑ \f 0 ƒk c C c 2 $ ES- 7 'I / ƒ ■ \ /§ 2 D 0 ) E /OM \ƒ / _ ■ / ƒ 0 _ \ 0 E ; 5' * 0 ° § 0 0 J / 0 0 cn 0 0 F °° (0 94/\ Q n ƒ & 79 / CA aa / F e§0 Efe k - //2 > _ — E ) =E=\E $ ) $ e 2 0 ;w%o= o gg=o= R(ncra /%E%§ c e w = n « m\>E& ° ±6%0@ o= o E /So GEE 5UI/Id M07 /&007 DOS -0239 -f -I (Rev. 06112) (If additional space is needed, attach pages the same size as this sheet, and number each.) 2 CD \ Chapter 32 of the Tompkins County Code is hereby amended to read as follows: X O 0 0 (Name of Legislative Body) 03 CD q 0 0 � O O ] cn0 0 %.< k \ a � 0 \ CD •oN mei leooi e E60Z aeaA ay} jo CO —1 k$ o 0 § =0 k 7 co 2 Ca - ET _a 0 o | / 0 / 1 W.= 0 0 0 / \ \ \ | = » e | 0 O k \/ 3 ° /ƒ g °- 'n 2 \z\ c ■ /&& ZS- - -. /®_E° co ) a«=7E $ f\/\/ Ezf°c = F®g]/ §\/\\ E ES>ia o »6¥0« ° 0 = o \3E+EE 1) QUI/Id MC7 /19007 (0 5• n c o ° c P' n� C E UIQ C O up •0 UIra 0Q - :RD 0 Q• v' O 2 0 -. 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IJt•0 c < *n r o 0 0 cro o w D O & CD cn -w E 0 v, O" CD N O <D tri a C 0 O CD cn CA rr c a -.CD o 0 o c c coo ' r 0 O O P� co r cn °"<:; Cn a 0 LD. el" O � 0 td 0 O o C0-1 o 0 I O 0 LJtri o• m "' a O C• „O Cn CD *n • caa 0 0 0 0 CD r] CD . 0 0 CD CD 0 O 0 UQ m 1 0 CL •CDCD O 0 0 O est • 0 *c SECTION VIII - EFFECTIVE DATE ¢, o r o O Q. "::$ <. c0 O0 O C O 0 1-C CSD vii O CD `G CD n O CD O ^� < P. SI cin 0 1 O p. cr. cn -. CD ( O 0 r - O AP F. "Cs c co r• CD °� Cre Cr a P CD 0 is cA o P o CL en o. P r o C cro CD`-< SECTION VII - PENALTIES 72 0 o = - 2 Q' Q..p •• `t i 0 p t2. 0 1 ^ Cr p P] O" O > 0 O CoD '-j cOn CSD CCD CD O a r. C1. 0 CD n_� n n P El A '' O P� n Al p -• +)N .'3 n p i--; (D. P� n ‘' cin' 'a n O Q. ""' N CD t N 0 ,.....'-h CD CD O� H .-�. CD C) ✓ P� CD • Cr O , Cr .p 0 Q. ~O 0 _ f]a, o- c, C O r -r 6' O ..ti n p O `< O 0 0 Po en C O �- r ,..h (D CD n n • O 91 o 1- h CD fl `a w c co at o 0. o '< CD 0 to 0.t co tri r �, co- o 7 o. P, P CD �.' ,��.., o- N . CCPD cm 0 0 0 ; p. O o n Q 0 tc P 2CD 0 re n Fl, 0 �— co m coca- O• o° r co t cio P� 0 `°fin `< oma°_ p 0 CD "., 0 ,_j 0 0 n � o 0 0 X.0 \Q -s `°z 1 0 o' z 0 �� 0• o •o CDD 9 0 o. = 0 SECTION VI - DISTRIBUTION OF CODE OF ETHICS DOS -0239 -f -I (Rev. 06/12) (If additional space is needed, attach pages the same size as this sheet, and number each.) co 0 0 0) Q (0 O co -a n c N O (D tn 6' cD Q. c 3 c Ens c O (0) N a -o O 1. N SU O (D 27 §19.4. Section adopted subject to permissive referendum. §19.3. Authorization to Lease for up to 99 years. Section 2. Section 19.3 and 19.4 of the County Code shall read as follows: o cn cD a v -a c o H m � V/ c r O 0 o v a) r 0) m w m Q O CD � 0 c v o— 0' 0) m O O W cD 2 O c 0 • O OQ" m a) o m Q ✓ a CD (1) CD 0 O O CO W v c O 5 N (D 0) N_ co 0 91 X 0 0 ED • 'AG N :SM0110; se Fl 0 5. (Q CD (Name of Legislative Body) 03 CD 0) n 0 O. a rot. CD O cn 0 c r m (Q (D O rt E •oN Mei !earl CI. OZ aeaA eta jo X • 0 O A) N v m 6' 0 o -* c < Q (D r -3o — c 5• o_ C CO O" N ca O (D rt g ct N N c v O N w v m 3 * CD Q. D1 Q 0 O 0 O c cn O_ S m v o N 0 cD — N suO 7 N O O_ :.. v z rt cD &NHH M&7 /8007 0 m 0 O O 0 O 0 v 0 �n O CD W C") N 0 xi 3m 3 O N N - O „,-5- 1,)1 N cnv Q�coQ m o*3p m . °�' o v Z3 "O N N O nO (sD on (n N N (D N Tompkins County Proceedings 2014 TOWN BUDGET SUMMARIES 377 Tompkins County Proceedings Town of Caroline 2014 Budget Summary FUND APPROPRIATIONS ESTIMATED UNEXPENDED AMOUNT FUND TO BE REVENUES BALANCE RAISED GENERAL A 828,665 330,201 96,000 402,464 HIGHWAY DA 1,070,321 203,900 0 866,421 DEBT SERVICE 65,000 0 3,600 61,400 TOTAL FOR TOWN W/O SPECIAL DIST 1,963,986 534,101 99,600 1,330,285 SPECIAL DISTRICT 2014 ADOPTED BUDGET CAROLINE FIRE SF1 $76,017 $20 $1,100 $74,897 CAROLINE LIGHTING SL1 $7,000 $0 $1,000 $6,000 TOTAL DISTRICTS $83,017 $20 $2,100 $80,897 TOTAL W/SPECIAL DIST $2,047,003 $534,121 $101,700 $1,411,182 378 Tompkins County Proceedings Town of Danby 2014 Budget Summary APPROPRIATIONS ESTIMATED UNEXPENDED AMOUNT TO BE FUND RAISED BY REVENUE BALANCE TAX A GENERAL FUND - TOWNWIDE $796,937.00 $97,206.00 $25,000.00 $674,731.00 DA HIGHWAY FUND - TOWNWIDE $1,119,975.00 $156,050.00 $30,000.00 $933,925.00 TOTAL TOWN $1,916,912.00 $253,256.00 $55,000.00 $1,608,656.00 SPECIAL DISTRICTS SF DANBY FIRE $390,854.00 $0.00 $0.00 $390,854.00 SW WEST DANBY WATER DISTRICT $67,408.00 $13,325.00 $0.00 $54,083.00 TOTAL SPECIAL DISTRICTS $458,262.00 $13,325.00 $0.00 $444,937.00 GRAND TOTAL $2,375,174.00 $266,581.00 $55,000.00 $2,053,593.00 379 Tompkins County Proceedings Town of Dryden 2014 Budget Summary AMOUNT TO BE A cAn 1-1 0 0 0 oo kr) -.-.00 64 0 0 N. V') r--- 7rr- 64 0 0 O 64 0 0 O 6g $1,304,241.001 O 0 . V') �O 64 O 0 .O. s00 01 M 69 O 0 t--- N 64s O 0 0o N O 0 V1 N V') k 1 N M 99 O O .O skr) l � v0 64 O O I-- O N 64 O O o0 s N �D N 69 O O © ,-� 64 O O O— ,� t"--- O V) 69 O O . kr) N 69 O O '. O 00 m •- 69 O O 01 r- M ,-- 69 O O C V) 01 00 69 O O 4 N 00 M 64 O O 0 ,-- 01 N.- 64 O O 01 I N,- 69 O O © WI 01 69 $1,537,283.00 $2,841,524.00 UNEXPENDED FUND BALANCE $497,503.00 O 0 O 64 O 0 O 64 O 0 O 64 O O M O LC) 01 64 GOO O 0 O 0 0r- M M 99 O 0 O 69 O 0 O 69 O 0 O 69 O 0 O 69 O 0 O 64 O 0 O 0 00 N 64 O 0 O 69 O 0 O O O ,. 64 O 0 O 0 N 64 O 0 O 69 O 0 O 69 O 0 O 69 O 0 O 6464099990 O 0 O O 0 O ,--I 69 O 0 O O 0 O O 0 O 01 N 69 O O cn O VO r Vl 69 ESTIMATED REVENUES O OC; 00 M cn . kn 64 $1,169,223.00 O O r. 01 01 . N 69 $1,359,302.00 O O O . 01 cn N Cr) 64 SPECIAL DISTRICTS 2014 ADOPTED BUDGI 0000000000000 0000000000000 O O 01 —, 69 .O N 69 N 69 V) ,� 69 O O M . b4 V1 N M 00 69 O O O en ^ O 00 .S 64 r`. V'1 N 69 O O M O N N N 69 O O 01 6.s O O ,-- t---7 6644 $8,430.00 O O ^- O 7' .-- 6N9 $11,320.00 O O O O \O ri O O O O O N 69 $2,039,737.00 $423,254.00 $7,215,391.00 $3,797,164.00 APPROPRIATIONS 0 0000 O 00 M 06 N N N 64 0 kr; N 01 Lf ,� M ,-I 64 0 E---: 01 01 N N N 64 0 N © M a1 k/ M .-1 99 $5,175,654.00 O O 01 V) V� 01 O 01 69 $4,000.00 0 00000000000000000 © © 00 69 64 0 © © �O N 69 0 V1 N o0 l- M 69 0 © kr) ,--i t - 64 0 O kr) t- N 00 69 0 01 r- O M O N 69 0 LP) . N r 69 0 © . O 01 00 69 0 . .-- M r- 9 69 0 V'; O N 69 0 01 N V') O 01 69 0 01 01 M N 69 0 tI N 01 01 ' 69 0 01 M L ,-- 64 0 01 N O 69 0 © V') 01 00 69 A A GENERAL TOWNWIDE IDA HIGHWAY TOWNWIDE IB GENERAL OUTSIDE IDB HIGHWAY OUTSIDE TOTAL FOR TOWN W/O SPECIAL DISTRICTS SF 1 DRYDEN FIRE SL1 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 SS6 PEREGRINE HOLLOW SEWER SS7 ROYAL ROAD SEWER SW 1 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 380 Tompkins County Proceedings Town of Enfield 2014 Budget Summary ADOPTED 2014 FUND BUDGET GENERAL FUND APPROPRIATIONS $607,402.28 LESS ESTIMATED REVENUES $482,402.88 LESS APPROPRIATED FUND BALANCE $125,000.00 TOTAL TO BE RAISED IN TAXES $417,502.88 HIGHWAY FUND APPROPRIATIONS $720,585.00 LESS ESTIMATED REVENUES $705,585.00 LESS APPROPRIATED FUND BALANCE $15,000.00 TOTAL TO BE RAISED IN TAXES $623,684.00 TOWN TOTAL TO BE RAISED IN TAXES $1,041,186.88 TAX RATE 5.870000 ASSESSED VALUE TOTAL $177,271,499.00 TOWN OF ENFIELD FIRE PROTECTION DISTRICT APPROPRIATIONS $329,396.00 LESS ESTIMATED REVENUES $327,396.00 LESS APPROPRATED FUND BALANCE $2,000.00 TOTAL TO BE RAISED IN TAXES $327,396.00 TAX RATE 1.780000 ASSESSED VALUE TOTAL $183,418,372.00 381 Tompkins County Proceedings Town of Groton 2014 Budget Summary AMOUNT TO BE RAISED BY TAX $403,002.00 0 O l� 00 M 69 0 00 ^-i 0\ M a, 69 0 O M Ch Lin N 64 0 O M O O 01 M 69 0 O 0 vO M 69 0 66 0 O N 69 0 0 O O r-+ .--a 69 0 N --I �O vO a, 69 $212,212.00 $1,602,242.00 00000 66666 66666 O O . N 69 0000 UNEXPENDED FUND BALANCE O O 666 O O O O V'1 O O M 00 01 0o- d, 64 N 69 1- d' 69 69 69 ESTIMATED REVENUE $104,850.00 O $151,682.00 O O O O O O O O - 01 m lr O 69 O 69 O 69 O 69 O 69 m C--- ,—I M O O 01 7r O O 664 N 69 69 69 APPROPRIATIONS $717,852.00 $252,910.00 O O O $2,478,103.00 O O O $212,212.00 $2,690,315.00 O ,--1 O 66 N O rt O O O .--i `O t �O O O O kr) ,--1m N O \o d' VO 69 69 — 0\ 01 V7 ,--1 69 69 69 64 GENERAL FUND PART TOWN HIGHWAY FUND TOWNWIDE HIGHWAY FUND PART TOWN TOTAL TOWN SPECIAL DISTRICTS MC LEAN LIGHTING DISTRICT PERUVILLE LIGHTING DISTRICT GROTON FIRE PROTECTION DISTRICT MCLEAN FIRE PROTECTION DISTRICT TOTAL SPECIAL DISTRICTS GRAND TOTAL --- N ,--i N 382 Tompkins County Proceedings Town of Ithaca 2014 Budget Summary AMOUNT TO BE RAISED BY TAX $2,520,000.00 0 0 O b9 0 0 O O 0 O 0 ^^Fi969 44 0 0 d.; N 00 'Cr 0 0 0 T ,0 l� Q, 0 0 O 69 0 0 O 69 $0.001 0 o M ON V1 N 00 69 0 0 O 0 V m 69 0 0 O V1 V0 69 0 0 O V- 0., 69 0 0 O 0 0 69 00 0 0 Vi N N 69 0 0 O 0 (` 69 0 0 O 0 00 69 0 0 O 0 N 69 0 0 O 0 V1 69 $3,500,000.001 0 0 V; N V0 N m 69 $7,995,218.00 UNEXPENDED FUND BALANCE $442,203.00 0 O vi N _ O 00 N 69 0 O 0 O 00 ri ,� ,--- 69 0 O 7 r- N l� "I' 69 0 O — 0 l— N 00 N 43 0 0 0 0 ,r,l CT 69 ' 0 O 0 0— V) ,--, 69 0 O N M 7 ,� N 69 0 O N r--69 00 l: 0 O, 69 0 O O 0 O O 0 _ 69 0 O O V1 ,--, 69 0 O O 0 M 69 $45.00 0 O O 0 69 0 O O 0 ---- 69 0 O O 0 7 b9 0 O O 0 N 69 0 O O 0 0 O 0 — 69 O O W 0 '0 06 01 69 , 0 O N VD N O, 0 00 69 ESTIMATED REVENUE $1,921,800.00 $1,328,350.00 0 0 0 0- M V) N 69 $5,097,000.00 $2,112,000.00 0 0 O O Vi N 69 0 0 O 69 0 O 00 M 0 00 N 69 0 0 M O — 0 00 M 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 0 0 0 0 0 0 69 0 0 0 0 0 0 0 0 0 O Vi M 69 0 0 0 O Vi M 69 GRAND TOTAL $22,640,518.00 $13,836,033.00 APPROPRIATIONS $4,884,003.00 0 0 vi l— 4P 00 0 'O 69 $3,650,300.00 0 0 0 tf, 0 V d' 'Cr V 1 69 0 0 0 l` M N- Cr, V) N 69 0 0 0 0 f 4--, 69 0 0 0 0 Vl ,--� 69 0 0 0 0 N 7 ON O1 69 $19,191,498.00 0 O O O V M 69 0 O O Vl N 69 00'001`1$ 0 O O O N N 69 0 0 O r- N00 69 0 0 O O 69 0 0 O © O\ 69 0 O © O 0 N 69 0 O O O l w 69 0 0 © 0 O r8 M V b9 TOTAL SPECIAL DISTRICTS 1 $3,449,020.00 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 FOREST HOME LIGHT DISTRICT GLENSIDE LIGHT DISTRICT 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 FIRE PROTECTION FUND 383 Tompkins County Proceedings Town of Lansing 2014 Budget Summary AMOUNT TO BE RAISED BY TAX --1 kr) 0 M to 01 s 69 O O 0 69 v1 01 a, s O --1 01 69 0 O o 69 0 O 0 69 LO d 0 N VO O l� ,--i 64 00 0 0 N M 64 0 0 O 1/4.15 69 0 0 0 O 01 69 0 0 o 69 $584,567.881 O O O 69 00 0 0 6R 0 0 69 0 0 6 M --1 64 l- 0 o O kn.' ' 69 O 0 o 69 $619,343.95 --1 d; 4 VD V'i N M N- 69 O O O $230,233.00 O O 000000 000000 $521,575.00 UNEXPENDED FUND BALANCE O O O O O 000000 000000 M. O O O O. O O O a1 O O O O O O O 0 M l: 69 6R 6R N N 6R 69 6R 01 M 6R 6R 6R 69 6R 69 6R d- cr 00 .--- 69 69 N V) E's 69 ESTIMATED REVENUE 01 O V) O O d' 00 O O $721,500.00 O 00 00 00 d' d- O O. O O kn O O O O O 0 0 0 0 0 0 kn -1 . 10 N 0 [- N M - d' 01 to kr; 01 01 kr) O. 6R O. N 00 N O 600- O fi4 © 6R :. 01 l d- O 6R O 6R O 69 O 69 vi N 01 01 O N. 6R N N k.6 06 d' O d- oNo 6R N N 69 6R N N 69 ER 000en 69 en 69 6R 6R APPROPRIATIONS O O O $1,526,228.00 O O 0000000 OOONOtkr) 0 kin 0 Cr; 0 ,-1 O O. O M 00 O. O O O Ow vD. t. O O 00 O O 00 O . O 01 O d. 01 . d' N N 6R l� O O O d' vO 6R 6R 69 d' 10 69 '-+ 00 M Cl, N N. O N. l- 0 M C N In \O .--i M \O 01 00 1p .--i d' 01 --i O VO V1 V1 69 69 69 N O 69 s N 00 01 - N 69 ^-I ,-1 00 d' 69 M ,-� 69 ' d - N c 69 64 64 69 69 64 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 DRAINAGE DISTRICT #1 - PHEASANT WAY DRAINAGE DISTRICT #2 - WHISPERING PINES DRAINAGE DISTRICT #4 - LAKE FOREST DRAINAGE DISTRICT #5 - FARM POND WARREN ROAD SEWER WOODLAND PARK DRAINAGE DISTRICT TOTAL SPECIAL DISTRICTS GRAND TOTAL .-- N d' kg") N 'filAAr� v)�� vD A v)v)v) v) Tompkins County Proceedings Town of Newfield 2014 Budget Summary FUND APPROPRIATIONS LESS LESS AMOUNT TO ESTIMATED UNEXPENDED BE RAISED BY REVENUES BALANCE TAXES GENERAL $628,246.00 $139,569.00 $60,673.00 $428,004.00 RECREATION $87,860.00 $62,440.00 $0.00 $25,420.00 HIGHWAY $1,353,113.00 $180,225.00 $0.00 $1,172,888.00 TOTAL $2,069,219.00 $382,234.00 $60,673.00 $1,626,312.00 SPECIAL DISTRICTS FIRE-SF1 $355,228.00 $0.00 $0.00 $355,228.00 LIGHT-SL1 $17,500.00 $0.00 $0.00 $17,500.00 WATER-SW1 $116,855.00 $98,816.00 $18,039.00 $0.00 WATER-SW2 $176,757.00 $64,217.00 $0.00 $112,540.00 SEWER-SS1 $69,508.00 $69,508.00 $0.00 $0.00 TOTAL $735,848.00 $232,541.00 $18,039.00 $485,268.00 GRAND TOTAL $2,805,067.00 $614,775.00 $78,712.00 $2,111,580.00 385 Tompkins County Proceedings Town of Ulysses 2014 Budget Summary o 0 cc) O U 0 l0 0 r . :?;•2-' r- ,- .-1 0 N ,--i ,-1 0 ,--i 0 00 ,--i 0 Cr) 0 d r--1 0 a\ ,--i -10.0%I 0 Cl ,-1 ,--i 0 v i --i 0 \0 00 ,-1 ' 0 ,--i 00 7.8%I O'''',''8'''' 01 ,--i O y re) cd 0 O - N S S N O EA 1 N l0 � ,-1 _O 69 v') N O kr) \O O O $5,331 -$3,835 01 01 69 N O 1-1 6R M O v 669 M 1-169 O oo 69 -$38,581 O v') O O ENR ,--I en Mkr)., )n 69 -$3,835 01 V0 O EA N O --� 5 �1 O 10 - 69 rd N o b O -0 N r4 O O N M N 69 01 , , M 01 v1 69 V0 01 N O M Cf? N Ln [ � 01 01 . 69 \0 ,' 00 lr) M 69 ,-1 7r N .0 ,--4 b9 O M V0 M 00 N 69 10 N '� ,� 64 O M O v Il 10 N 69 $429,217 N 00 Cr v') M 69 \0 01 l� O M 69 N V7 t- o1 01 --1 69 10 ,--i 00 4') M 69 ,--1 d' N `o ,--i 69 O Cl.) V0 M. 00 N 69 '.0 N 69 O - Ct M \0 O N 6R as r--, 00 E " 0 OM N Zi N 3. 3. O O s d ER 01 •-i --i m 01 '.0 41 s O M EA- N V') r a1 01 69 ,-1 oo kr) kr) NR E s \. ,- 6R $272,230 N -, 6R O Cr) '.0 d' O N 69 S ,--� N a1 N EA -EA N 00 01 v') 'd' O 69 $199,752 ,-I 00 kr V') EA r V --, 6R O M N N l- el EA- $1,476 $1,621,214 Tentative Budget 2014 ,—I 00 N O b 6R $586,844 O N O 01 N 69 N O oo ,-i ,-1 N 69 ' 0o v v') M EA t \0 ,--1 69 O -1 oo v) l� N 69 $1,369 $0 $1,476 $2,568,587 $1,575,637 $2,628,829 $343,329 O r 00 tn M 69 © 69 t O 00 ,--i . N 69 r+ kr) oo v0 lf) M 69 - N '.0 ,-I 69 $275,810 '.0 N ,1 69 00 ,-, \0 )r) ,--i 69 Actual Jan 1 - Sep 14 7r ,-, N 01 71- EA $242,248 ,--I s r kn.'vD 00 M 69 S M 01 69 N '.0 ct' o; 10 ,--4 69 N d- N r` 69 Cr) )r) h M 00 ,--i 69 N O 1/4.0 r M ,--4 EA '.0 O h kr; N ,--4 69 O 6R M N .-i kr '.0 69 oo 00 10 O ,--- 69 N N N - r--., 69 $222,391 O N M ,--i 69 O 10 1-1O l' 01 1/4.0 69 2013 Modified Budget S s 01 00 s 69 N v) 01 N 00 kr) 69 $385,771 10 01 1/4.0 o1 N ,--- 5R $350,485 1/4.0 N kr) O N ER ,-i 10 h N '.0 N 69 O N N 69 Cr) '.0 kr) 00 M 69 O 69 V0 01 1/4.0 0 N ,--I 69 V1 00 O v') M 69 '.0 r- O N 69 ,--, '0 l ., - v') N 69 01 .Okr) M 5R '.0 01 O 1/4.0 - 69 }-4 N O a 88T'0IL$ O — r 0 O N 64 Cr) 0 00 69N $140,488 $346,507 ,--- O O � $223,257 0\ -� Cr) Cr) '.0 O 6R ,--i 01 [ � 71-69 69 --1 O M 00 69 O 5R O oo v') N 69 '.0 M 01 N 69 ,--i '.0 O 69 01 ,--, v) N 69 N 01 N ,--, bA Cr) 01 v? M N 1-1 6R FUND CODE DA SF SW SW3 Water District 4 SW4 Appropriation TOTALS Revenues DA gg SW SW3 SW4 Ciln Appropriations General ,w 3 ....•,_,x Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1 &2 Water District 3 General Highway Fire/EMS Protection - below GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1 &2 Water District #3 Water District #4 Revenue TOTALS(Excl. Property Tax) 386 Tompkins County Proceedings Town of Ulysses 2014 Budget Summary - Page 2 a) ,4r , N S VD cucO -4a-' -17.44% 22.47% OA 71- 7r cd O ayye,� } N * * * * * * * * * * ��M- cd O kr) O U VJ 6969 69 Current Tax Rate $ per Thousand 0.82350 0.44910 1.13220 Adopted Budget 2014 64 6969 2014 Implied Tax Rate $ per Thousand 01 0.55000 01 O O 0.00000 O O 2.5207 Preliminary Budget 2014 01 N OM .O 0\ O O O O O N0 O O O 0 en O — O O O O d kr) .O 69 64 N EA Taxable Assessed Value O $449,333,903 $333,725,965 69 64 69 69 64 Tentative Budget 2014 $429,020 609 66 01 M M M C}' G] I 6R E SCHEDULI Amount to be Raised by Tax M N .O O O O O O vO Actual Jan 1 - Sep 14 O O O 00 M 01 69 69 69 64 69 ,--i 69 69 69 O M O M 00 M N 01 EA 64 69 69 TAX RAT Less Fund Balance & Approp. Reserves Inc. in A revenue Inc. in DA revenue O O O O O O O Last Year Actual 2013 Modified 2012 Budget — $573,162 r'.. - 6R ER 6R 6R 6R 6R 6R 64 [� 00 S 00 00 ,O M 6R N 64 Less Estimated Revenues l� N O N `0 ,--i O `0 M 00 M ,--i 00 6R N ,--1 M S ,--I 00 M N 01 l- 00 I N Cf N 01 O �O CN V') CT kr vO N. — N O N O\ kr) .--i S 63 N 00 00 M .--i M 64 N VO M ,--1 69 64 69 69 6 9 ,� 69 64 N 69 64 Appropriations O O "}" en 01 .--i en 01 01 O en d' N 01 -I VD ,--- kr)" r i --- O 64 O M N N s r+ O M d' V0 FUND CODE w 69 69 69 69 69 64 N 69 General 'Fire Protection GENERAL PART TOWN HIGHWAY PART TOWN Water Districts 1 &2 Water District #3 SW4 WATER DISTRICT TOTALS C4 Property tax revenue for Fire/EMS Property tax revenue - other than Fire/EMS Revenue TOTALS Q w 3 on x Q w 387 Tompkins County Proceedings City of Ithaca 2014 Budget Summary sol $0 O $0 $0 $0 $0 O O O O O $0 $0 $0 $0 O so O O $0 '.846,000 $0 O 0 69 64 0 0R 6 69 64 64 0 0 VD SIDEWALK IMPROVEMEI 00 00 00 71- 00 00 00 00 69 ER 69 69 SOLID WASTE FUND $0 $413,831 N $12,234 O N O O O N O $0 0000 $0 $614,652 O N BALANCE OF APPROPRIATIONS TO BE RAISED BY REAL PROPERTY TAXES 6R 69 69 69 00 69 V7 64 69 6R V1 6R 69 6R EA 69 69 V) V1 V) `0 \O 00 00 69 ,, 6R ,--i 69 ,--+ 69 SEWER FUND $246,454 0000 $3,448,683 01 O O VD O O O O O 00S`£$ O 000`0S$ O 0 O '.O 6R 69 6R 64 1-1 M VD N 69 .-1 r 69 6R ,� N O O 6R 69 69 69 69 r N 69 ,� N MO 00 . 00 00 00 ,--i 10 69 ,--i ,--i M ,. 64 01 69 0 v 6R 01 L 69 0 v 6R 0 ,s- RM WATER FUND en kr) N O 1-1 N 69 $0 O $0 O '.O '.0 00 0 M $0 O M O $0 $0 00000 $0 $4,208,893 O $4,208,893 69 64 Cr) kr) 00 ,--i ,-i 01 69 01 00 69 01 ,-1 0 0 N 69 0 O 69- 69 01 V) V7 m Cr)" N 00 0 Cr)" N ,--i EA 7 69 O Cr) N 01 r ---1-1N � 69 N 64 6R 71- EA 6R 69 01 M 00 000`T9$ m D1 N O O O O O O M $1,644,502 D\ O N N $52,922,474 a H a1 M V) M N O 6R O O 00 O N O O V) V) O N O 0 0 �O N a1 O 1- 0 0 O L O Cl O 0 71- 00 00 O N N l� O a1 0 V1 O N p W %1 tf t) V) 7r N 10 N k) N M N S N N M 01 ,. O N N Z W 61 00 N M 01 N V1 00 ,-i N V) 10 a1 N Cl, , M v? 00 M 69 r` 69 - ,--i M 64 M ,--; -+ M 69 M N 10 64 v) O c 6R 69 64 6R 69 -� 64 69 N 6R N 64 •--+ 69 6R 69 ER 69 N 6R N 6R VO Cr) 00 000'19$ \0 01 $8,194,329 O ESTIMATED REVENUES 0 M $992,152 0 0 Oen $1,724,502 0 0 n 2014 TAX RATE 13.1200 O M V7 M N 01 69 M O O a\ V) O O V) O ,--I N M rj 00 01 v0 V) N l� V0 0 00 0 0 N 0 N O[ O N Q O © 00 kr) O l� '.0 N '.0 ,-, '.0 O . m7-- O N r- '.0 01 l- O l- cn oo 7rr M kri o1 kri --I 06 00 N N O -- M N 00 N 01 l V0 ,� '.0 V0 l- ... M M ,--- 6R 01 '.0 '.0 r_ M V) 00 N M o0 69 ,--, bR ,-- M M 64 , 69 ,-i 69 64 69 64 ,--I 69 \O 69 N 6R ,--i 6R ,-I 69 69 69 6R `0 69 V) 6R APPROPRIATIONS GENERAL GOVERNMENT SUPPORT PUBLIC SAFETY 1TRANSPORTATION ECONOMIC DEVELOPMENT CULTURE & RECREATION HOME & COMMUNITY SERVICES EMPLOYEE BENEFITS DEBT SERVICE INTERFUND TRANSFERS TOTAL APPROPRIATIONS REAL PROPERTY TAX ITEMS NON -PROPERTY TAX ITEMS 1DEPARTMENTAL INCOME USE OF MONEY & PROPERTY LICENSES & PERMITS FINES & FORFEITURES SALE OF PROPERTY & COMPENSATION FOR LOSS MISCELLANEOUS INTERFUND TRANSFERS STATE AID FEDERAL AID TOTAL ESTIMATED REVENUES APPROPRIATED SURPLUS TOTAL REVENUES TAXABLE ASSESSED PROPERTY VALUE $1,564,032,345 388 EXHIBIT A 2014 Tompkins County Budget and Capital Program CONSTITUTIONAL TAX MARGIN and DEBT LIMIT Adopted 2014 Budget Constitutional Tax Margin Total Taxing Power Net Tax Levy Tax Margin Available of Taxing Power - 2014 % of Taxing Power - 2013 of Taxing Power - 2012 95,910,660 36,862,932 59,047,728 38.43% 37.50% 32.48% Constitutional Debt Limit Debt Limit Total Indebtedness* Debt Capacity Available of Debt Limit - 2014 % of Debt Lim