Called to Order

 Mr. Koplinka-Loehr called the meeting to order at 11:30 a.m.

Changes to the Agenda

 The following additions were made to the agenda:

 Resolution:  Amendment of Capital Program - Transfer Funds from Facilities to Capital Account      - Tompkins County Emergency Standby Generator
 Resolution:  Authorizing FY 2005 Federal Section 5309 Grant - TCAT, Inc.
 Resolution:   Implementation of 2005 Tompkins County Budget - Memberships
 Resolution:  Implementation of the 2005 Budget - Departmental Fees
 Report:  Insurance premiums and rebate
 Executive session to discussion a personnel matter

Privilege of the Floor by the Public

 No member of the public was in attendance.

Approval of the Minutes of November 23, 2004

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, to approve the minutes of November 23, 2004 as submitted.  MINUTES APPROVED.

Chair's Report

 Mr. Koplinka-Loehr reported this is the last meeting for this Committee in 2004.  He thanked the members and staff for their hard work throughout the year over the 40 meetings that were held of this Committee.

Finance Director's Report

 Mr. Squires reported the County's cash position is holding up but that he expects it to drop in December.  He also reported he will be wiring $4.6 million tomorrow for the retirement bill.  Mr. Squires reported on sales tax receipts and said as of November 27th the County's receipts are $1.5 million ahead of last year.  He anticipates the County will end the year $2 million ahead of the amount budgeted.

 Mr. Koplinka-Loehr asked the Committee if the information provided at each meeting by Mr. Squires relating to sales tax was found to be useful.  The Committee felt the information was useful and wished for Mr. Squires to continue providing it with the addition of a line showing the County's share.

 Mr. Squires distributed a copy of the Contingent Fund Report dated December 14, 2004.  The year-to-date appropriations total $381,939; the total balance available is $448,061.  Mr. Squires believes the remaining balance will disappear by the end of the year because the areas that cause the greatest problems at the end of the year are in the mandated accounts, primarily for the Department of Social Services.  Mr. Squires said it is too early at this time to tell what the impact of those accounts are going to be and noted there is a delay in the way that DSS recognizes its income.

Report from the County Administrator

 Mr. Whicher reported he received notification from Ken Crannell of NYSAC yesterday in which it was stated the Bush Administration intends to place a cap on Medicaid at the federal level.  Mr. Whicher said if this happens it would have a major negative impact on Tompkins County.   Mr. Whicher also reported on efforts being undertaken by Shawn Martel-Moore of the Human Rights Department.  Ms. Martel-Moore is has interviewed 20 individuals at the Highway Division to get an idea of the diversity climate within staff at that Division.

RESOLUTION NO.       -  AUTHORIZATION TO DISBURSE FUNDS - COUNTY ADMINISTRATION

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:

 RESOLVED, on recommendation of the Budget and Capital 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 2005 budget, provided that whenever a contract is required funds will be disbursed in accordance with the terms of said agreement.
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RESOLUTION NO.  - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX AND SOLID WASTE FEE REFUNDS UNDER $500

 It was MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:

 WHEREAS, Section 556 of the Real Property Tax Law authorized a tax levying body to delegate the payment of tax refunds due to a clerical error of an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and
 WHEREAS, Solid Waste Fee refunds are authorized under Resolution No. 181 of 1996, and
 WHEREAS, it is the opinion of the Budget and Capital Committee, that such delegation would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the County Director of Assessment shall transmit refund recommendations to the County Administrator,
 RESOLVED, further, That the County Administrator is hereby authorized to make payments of any refunds as if the Tompkins County Legislature had performed this audit in compliance with Paragraph 1-7 of Section 566,

 RESOLVED, further, That any refund of $500 or more must be approved by the Tompkins County Legislature pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law,
 RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the refunds processed,
 RESOLVED, further, That this resolution shall only be in effect during the calendar year 2005.
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RESOLUTION NO.        - IMPLEMENTATION OF  2004 TOMPKINS COUNTY BUDGET –
      MEMBERSHIPS

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:

 WHEREAS, County personnel are members of a variety of organizations, now therefore be it
RESOLVED, on recommendation of the appropriate program committees, That memberships in all municipal organizations specifically listed in 2004 budget requests, approved by the appropriate program committee, and included in the 2004 budget adopted by the Tompkins County Legislature, are hereby authorized and approved.
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RESOLUTION NO.        - IMPLEMENTATION OF THE 2004 BUDGET - DEPARTMENTAL  FEES

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:

 WHEREAS, various departments charge assorted fees, now therefore be it
 RESOLVED, on recommendation of the appropriate program committees, That all increases in fees and changes in methods of charging fees specifically identified in the departmental budget requests, recommended by the Budget and Capital Committee for 2004, and included in the 2004 budget adopted by the Tompkins County Legislature, are hereby authorized and approved.
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RESOLUTION NO.          -   AUTHORIZING FY 2005 FEDERAL SECTION 5309 GRANT – TCAT,  INC.

 MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne.  Mr. Mentel said this system will replace the existing student bus passes.   He noted that TCAT receives a rate of 40.5 cents per rider reimbursement and that it is in the best interest of TCAT to have an accurate count of each passenger.  He said this will greatly improve the system currently in place and will provide an accurate passenger count.  Mr. Mengel said $167,000 of the $414,000 is for the smartcard system and the remaining $250,000 will be used towards the purchase of a new bus.  Ms. Kiefer asked if the diesel bus was electric and Mr. Mengel responded that it was.  It was unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature.

  WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5309 of Chapter 53, Title 49 of the United States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient of Section 5309 urban formula transit funds and will apply on behalf of Tompkins Consolidated Area Transit, Inc. (TCAT) to receive and use said funds, and
WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the Federal Transit Administration, in the amount of $414,000 to assist in purchasing one hybrid electric bus and smartcard fare collection for TCAT buses. The project was approved by the Ithaca-Tompkins County Transportation Council and included in the 2001-2006 Transportation Improvement Program, as amended, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, that the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file an application on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation for the FY 2005 Section 5309 Grant,
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Explanation:
The grant applies for $414,000 in Federal Transit Administration Section 5309 funds for 2005. The funds will be used to purchase one hybrid diesel-electric 40 ft., low floor bus bus and to upgrade the TCAT fare collection system to read contactless smartcards, which will be used to count approximately 70% of TCAT’s ridership (Cornell University community).

RESOLUTION NO. AUTHORIZING A TRANSPORTATION AGREEMENT BETWEEN TOMPKINS COUNTY AND THE CITY OF ITHACA, CORNELL UNIVERSITY, AND TOMPKINS CONSOLIDATED AREA TRANSIT TO PROVIDE PUBLIC TRANSPORTATION SERVICES.

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd.   Ms. Kiefer suggested that the word "directed" in the fourth WHEREAS be changed as she did not feel the DOT had directed TCAT to become a single-employer.  Mr. Mengel said he felt the wording was appropriate; no member of the Committee wished to amend the resolution.   Mr. Booth said the Committee should receive a report from someone who has gone over the final agreement.  Staff will check with Mr. Wood and ask that his recommendation be prepared for the Committee prior to the December 21 Legislature meeting.  A voice vote pending receipt of a report from the County Attorney resulted as follows:  Ayes - 4, Noes - 0, Excused - 1 (Penniman).  MOTION CARRIED.

 WHEREAS, Article 5-I, Section 119-s-1 of the New York State General Municipal Law authorizes Tompkins County, the City of Ithaca and Cornell University to jointly provide for mass transportation services in Tompkins County, and
 WHEREAS, Tompkins County, City of Ithaca, and Cornell University entered into an agreement dated April 1, 1998, to create the Tompkins Consolidated Area Transit joint venture to provide public transportation services; and
  WHEREAS, from 1998 to the present, the TCAT joint venture has been operating a coordinated public transportation system in Tompkins County and surrounding areas, with its staff employed by the City, County and Cornell; and
 WHEREAS, the City, County and Cornell have determined as a result of the TCAT joint venture’s strategic planning process, and the New York State Department of Transportation has directed, that public transportation services should be provided by a single employer; and
 WHEREAS, TCAT, Inc. was incorporated in 2004 as a not-for-profit corporation to be the single employer and to provide public transportation services in Tompkins County and other areas beginning January 1, 2005;
 WHEREAS, a new transportation agreement was drafted and reviewed by the parties to dissolve the TCAT joint venture, transfer capital assets to Tompkins County, and implement financial and governing arrangements to support TCAT’s public transportation services, NOW, THEREFORE, BE IT
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature approves the Transportation Agreement between the County and the City of Ithaca, Cornell University, TCAT joint venture and TCAT, Inc. for TCAT, Inc. to operate public transportation services starting on January 1, 2005.
 RESOLVED, further, the agreement shall continue in effect until October 9, 2021.
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RESOLUTION NO. AUTHORIZING A CAPITAL LEASE BETWEEN TOMPKINS COUNTY AND  TOMPKINS CONSOLIDATED AREA TRANSIT, INC. (TCAT, INC.)

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth.  Mr. Booth said the Committee should receive a report from someone who has gone over the Capital Lease.  Staff will check with Mr. Wood and ask that his recommendation be prepared for the Committee prior to the December 21 Legislature meeting.  A voice vote pending receipt of a report from the County Attorney resulted as follows:  Ayes - 4, Noes - 0, Excused - 1 (Penniman).  MOTION CARRIED.

WHEREAS, Sections 5307, 5309 and 5311 of Title 49, United States Code, provide federal financial assistance for public transportation in rural and small urban areas by way of formula and discretionary grant programs administered by the Federal Transit Administration, hereinafter called “FTA”; and
WHEREAS, the FTA requires a municipal corporation, such as Tompkins  County, to have effective and continuing control of federally procured capital equipment and facilities for their useful life, and
 WHEREAS, New York State provides matching funds for capital assistance projects pursuant to Article 13 of the Transportation Law and the State’s Dedicated Mass Transportation Trust Fund administered by the New York State Department of Transportation (NYSDOT); and
 WHEREAS, Tompkins County is the grantee for certain capital equipment or facilities procured under said programs pursuant to Applications and Agreements with the FTA and NYSDOT; and
 WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT, Inc.) will utilize the capital equipment and facilities obtained by Tompkins County under said programs, as well as certain capital equipment and facilities owned by the County procured solely with local funds, to provide public mass transportation services pursuant to said Applications and Agreements with the FTA and State; NOW, THEREFORE, BE IT
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes a capital equipment lease with TCAT, Inc. to operate public mass transportation services utilizing said capital equipment and facilities, and to state the terms, conditions and mutual understandings of the parties governing said lease, and the operation, maintenance and disposal of said capital equipment and facilities,
RESOLVED, further, the term of the lease shall commence on January 1, 2005 and continue for the useful life of the capital equipment and facilities as long as the Transportation Agreement between Tompkins County, City of Ithaca, Cornell University and TCAT, Inc. remains in effect.
RESOLVED, further, the amount of consideration of the lease shall be $1.00 per year plus the provision of public transportation services.
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RESOLUTION NO.   -  AMENDMENT OF THE DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF TOMPKINS COUNTY

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature.  (A copy of Exhibit A will be placed on file with these minutes).

WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Tompkins County (the "Model Plan") and offers the Model Plan for adoption by local employers, and
WHEREAS, Tompkins County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Tompkins County, and
WHEREAS, effective May 21, 2004, the Board amended the Model Plan to adopt provisions relating to
· Authorization to reject a participant investment request if the request is contrary to the rules, regulations or prospectus of the affected investment fund.
· Authorization to distribute assets that have been rolled into the plan from another qualified retirement plan in accordance with the distribution rules of the plan that previously held the assets.
· Limitations on a participant’s eligibility to obtain a loan in the event that the participant has previously defaulted on a loan.
· Modifications related to comments provided by the Internal Revenue Service in response to the Board’s request for a private letter ruling stating that the Model Plan document constitutes an “eligible deferred compensation plan.”
· Technical amendments pertaining to plan loan rules and the status of plan loans and other withdrawals upon the death of a participant.
WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and
WHEREAS, upon due deliberation, Tompkins County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Tompkins County by adopting the amended and restated Model Plan, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That Tompkins County hereby amends the Deferred Compensation Plan for Employees of Tompkins County effective December 21, 2004 by adopting the amended and restated Model Plan effective May 21, 2004, in the form attached hereto as Exhibit A.
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Position Request - ITS

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the following request to fill a position:

Position:  1 PC Technician/Web Developer; salary $41,323
One year - but filled temp/part-time; 100 % local funding

Mr. Whicher said this one-time funding is already in the 2005 budget that was put in place to support the CISNET program.  He said additional work needs to be done with the program and after this one-year period, a discussion will take place with municipalities to take over the cost.

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution and submit to the full Legislature:
 
 WHEREAS, Resolution No. 237 of 2004 provided $50,000 for installation of a generator, and
 WHEREAS, the Facilities Division of Public works has advised that it is unlikely to contract for this improvement during 2004,  now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Director of Finance be authorized to amend the Capital Project and transfer the $50,000 to a capital project account in order to prevent the approved funding from lapsing at year-end,
 RESOLVED, further, That the Director of Finance be authorized and directed to make the following budget appropriation:

 FROM: A1990.54400  Contingent Fund  $50,000
   A1620.54470   Building Repairs  $20,000
  TO: HB1601.59239 Construction Expense  $50,000
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Budget Calendar

 Mr. Koplinka-Loehr announced that evaluations on the 2005 budget process are currently being circulated.  He thanked everyone for their hard work through the budget season.

CAP (Community Advisory Panel) Recommendations

 Mr. Koplinka-Loehr reviewed the CAP recommendations with the Committee and there was agreement on what progress has been made in the following areas:

I.  REDESIGN THE BUDGET PROCESS
 A.  "Reverse" budget decision-making - DONE
· Budget and Capital Committee will take the lead
· Legislature approve

B.  Establish a tax levy target - DONE
· Budget and Capital Committee will recommend and monitor
· Legislature approve

C.  Address reserve policy - NOT ENOUGH DONE, CARRY INTO NEXT YEAR
· Budget and Capital Committee will review policy (consider percentage of budget
 going towards reserve funds)

 D.  Match government services to the economic cycle - DONE SOMEWHAT, CANNOT SET                                POLICY
· Budget and Capital Committee will recommend

E.  Improve criteria for capital project decision-making - NOT ENOUGH DONE, CARRY         INTO NEXT YEAR
· PAR process will begin with this

F.  Take a longer view - SIGNIFICANT WORK ON THIS HAS BEGUN
· Administration will take the lead
· Budget and Capital Committee will follow-up with policy implementation

II.  REDUCE COSTS
 A.  Stabilize the cost of labor - ONGOING
· Personnel and Administration

B.  Reduce administrative costs - ONGOING
· Administration and departments heads
· Appropriate program committee will review recommendations

C.  Examine purchasing alternatives - WORK HAS BEEN DONE/ONGOING
· Finance Department

III.  INCREASE REVENUES AND REVENUE SOURCES
 A.  Study all revenue opportunities; weigh pros and cons - DONE SOMEWHAT/IN INCOME             TAX COMMITTEE
· Budget and Capital Committee and Legislature
(Mr. Joseph noted at this time that he will appointing an income tax committee soon)

 B.  Increase grant opportunities - SOME ATTENTION WAS PUT ON THIS
· Administration/Planning

IV.  SET A CLEAR DIRECTION - DONE IN PART BY GOALS/SOME WORK OF STRATEGIC            PLANNING COMMITTEE
 A.  Clarify goals and purposes of County government
· Special Committee and Legislature

B.  Develop a strategic plan - STARTED BY STRATEGIC PLANNING COMMITTEE
· Special committee

V.  ESTABLISH REGULAR PROGRAM EVALUATION - INTERNAL DISCUSSIONS HAVE                TAKEN PLACE
 A.  Design a plan to evaluate all programs
· Special Committee (Administration/Personnel)

B.  Put "sunset" regulations on programs - BEGUN LOOKING AT THIS
· Administration and all departments

C.  Re-examine all mandates - HAVE DONE SOME OF THIS (JAIL)
· Budget and Capital Committee and program committees

D.  Study the "pros and cons" of grants - ONGOING
· Administration and Planning

VI.  CONSOLIDATE/COORDINATE/COOPERATE- ONGOING
· Administration and departments (Intermunicipal meetings)

VII.  INCREASE PUBLIC OUTREACH AND EDUCATION- ONGOING
· Departments and Public Information

VIII.  USE COMMUNITY EXPERTISE AND INPUT- BEING CONSIDERED TO BE LOOKED AT
· Administration and Legislature (Departments will continue)

IX.  ASSESS PROGRESS - THIS COMMITTEE SHOULDTHINK ABOUT WHETHER THE CAP GROUP SHOULD MEET AGAIN AT THE END OF THIS YEAR.
· Administration and Budget and Capital Committee

Personnel Department

 Commissioner Fitzpatrick was unable to meet with the Committee; however, monthly statistics were prepared and distributed to the Committee.

Insurance Rebate and Premiums

 Ms. Kominos, Benefits Manager, briefly reported on a Blue Cross/Blue Shield health insurance rebate in November which was applied to reduce employee premiums.  She said she would provide the Legislature with a copy of information relating to the rebate and increased premium.

 Mr. Penniman arrived at 12:55 p.m.

 Mrs. McBean-Clairborne was excused at 12:55 p.m.

Executive Session

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, to enter into executive session at 12:50 p.m. to discuss personnel matters.  The meeting returned to open session at 1 p.m.

Meeting Cancellation

 Mr. Koplinka-Loehr announced the December 28, 2004 meeting of this Committee has been canceled.

Announcement by the County Administrator

 Mr. Whicher announced, with regret, that he has accepted the resignation of Jackie Thomas, Administrative Coordinator, who has accepted a position in the Personnel Department.

Committee Goals

 The Committee reviewed 2004 Goals and agreed that while several areas have been worked on, there are several areas that continue to need work in the future.   It was noted that in future years Affirmative Action goals will become more of a focus.

Adjournment

 The meeting adjourned at 1:08 p.m.

Respectfully submitted by Michelle Pottorff, TC Legislature Office