Called to Order

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

Changes to the Agenda

 The agenda item entitled Discussion of Health Insurance was withdrawn from the agenda.  A discussion of the County's hiring process and an appointment to the TCAT Board was added to the agenda.

Approval of Minutes of February 10, 2004

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of the February 10, 2004 meeting.  MINUTES APPROVED.

Chair's Report

 Mr. Koplinka-Loehr reported he met with department heads and provided them with information relating to some of the changes to the budget process that are being proposed, including how the Legislature will be approaching program committee reviews and a priority-setting process.  Mr. Koplinka-Loehr said department heads posed good questions and are interested in streamlining the process and making it more useful and productive.

 Mr. Koplinka-Loehr provided the Committee with an update on the Community Advisory Panel and the ideas that have been pulled together to-date.  He distributed a very preliminary list of draft recommendations that Ms. Skinner, Public Information Coordinator, had compiled.  They will meet again on March 5 and 18.

Finance Director's Report

 Mr. Squires reported next month he will be issuing a $6.6 million in bond anticipation notes for projects including the Jail study, Tompkins Cortland Community College, and communications system.  He said he expects interest will still be about 1 1/4 to 1 1/2 percent.   Mr. Squires reported he is also working on closing out 2003 and the General Fund is going to end in relatively good shape; the County's cash position is $2 million less than it was year ago.  The Fund Balance will likely be close to what it was last year, and at this point the County has more revenue than expenditures and it appears favorable that the County will show some stability.  He stated there are areas where there are known to be shortfalls, such as Assigned Counsel, Jail medical, and the Fringe Pool.  The Health Department will also have a hole in its budget because of a lack of revenues in the Homecare program.  He is unsure at this time whether this shortage is the result of a delay in the Medicaid reimbursement process or an actual shortage of $200,000 in 2003.

 Mr. Squires reported on the Airport budget and said although it appears it will end the year with a positive Fund Balance, there is a significant deterioration in its cash position that needs to be addressed.  He stated in 2002, the Airport ended the year with a fund balance of $300,000 and it 2003 it ended with a balance of $38,000.

 Mr. Squires reported the Highway Division has significant overruns in its budget due to personnel and materials costs; however, because some changes that have been made in the way encumbrances were handled with bridges, it appears the Highway Fund may end up being stable for 2003.  This may, however, end up being only a short-term remedy to their budget problem for 2003 and not a long-term solution.

 He reported there is a $200,000 gap between income and expenses in the Worker's Compensation budget that is the result of assessments from the State Worker's Compensation Board.  He stated in 2003, Tompkins County got $150,000 worth of assessments which is four times what is normally received in one year.  He stated some additional money may have to be put into the fund to maintain stability at year-end.  Mr. Squires said he has not yet analyzed the cause of this increase in assessments.  He noted the County has a third-party administrator and Mr. Koplinka-Loehr stated the Personnel Department is also looking for trends to prevent future problems.

 Mr. Whicher asked what the deficit in the Fringe Pool in 2003 was.  Mr. Squires stated the deficit for 2003 was $300,000; however that amount does not include the Worker's Compensation shortage of $200,000.  He stated the other self-insurance fund is for general liability claims, and the debt service fund ended the year stable, with a balance comparable to last year.

County Administrator's Report

 Mr. Whicher reported the County is entering into negotiations with the deputies union and he will be requesting an executive session at the March 2 Legislature meeting to discuss a suggested package of proposals.

 The following resolution was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne.

RESOLUTION NO.    - AUTHORIZING GROUND TRANSPORTATION FEE STRUCTURE - ITHACA TOMPKINS REGIONAL AIRPORT

 Ms. Kiefer expressed concern that the fee schedule being presented to this Committee is not the same as the schedule presented to the Facilities and Infrastructure Committee.  Mr. Booth said the schedule seen by the Facilities and Infrastructure Committee was tied to particular providers and the Committee felt it should be tied to a neutral fee that relates to annual trips.  Mr. Nicholas and Mr. Booth said they have not received any concerns from TCAT or hotels.

 Mr. Penniman said the Airport budget needs to be reviewed in detail now rather than later given the recent budget situation.  He said in facing the possible deficit in the Airport budget at year-end, it is unclear how the County is going to deal with that budget in 2005.

 Mr. Booth reported the Airport Task Force met last week and discussed having a joint presentation to the Budget and Capital, Planning, Development and Environmental Quality, and Facilities and Infrastructure Committees.  He noted Tompkins County has been very fortunate to have not had to contribute public funds to the operation of the Airport for a very long time.

 Mr. Nicholas said the Airport has been trying to balance its budget on the backs of two to three carriers.  He spoke of the rates being charged and stated they are extremely high.  He expressed concern that if they continue to be as high as they are the County may be in danger of losing a carrier.  He said he will be looking to lower them to provide some relief and to allow the Airport to continue operating without being in jeopardy of its carriers leaving.

 A voice vote on the resolution resulted as follows:  Ayes - 5, Noes - 0.  MOTION CARRIED.

 WHEREAS, Local Law No. 4 of 2002 - Rules and Regulations and Minimum Standards - Ithaca Tompkins Regional Airport, authorizes the airport manager to assess and collect fees from ground transportation providers who operate on airport property, and
 WHEREAS, Federal case law has overwhelmingly upheld airports' rights to charge a fee to commercial ground transportation providers for use and upkeep of airport facilities and the privilege of deriving business from said airport facilities, and
 WHEREAS, the airport wishes to construct a fee system that more equitably apportions the costs of providing and maintaining said facilities to those that derive a financial benefit, and
 WHEREAS, the airport conducted a six-week survey of ground transportation usage in October and November 2003 to determine how a fee structure should be constructed to distribute fees more equitably, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the schedule for Ground Transportation Fees shown on "Attachment A" be approved for a one-year period from January 1, 2004, until December 31, 2004, and that the airport manager shall utilize said schedule in establishing annual fees for particular entities,
 RESOLVED, further, That another six-week survey be undertaken in 2004 to ascertain the fairness and accuracy of this fee structure and if changes are deemed necessary, that a proposal be brought to the program committee(s) for consideration and approval.
SEQR ACTION:  TYPE II-20

Estimated* Annual Trips     Annual Fee
      To The Airport
0 - 600          $100
         601 - 1,200         $200
      1,201 - 1,800         $300
      1,801 - 2,400        $400
      2,401 - 3,000        $500
       3,001 and up    Pro Rata in increments of $100 for each
      additional 600 estimated annual trips
Note:
For those entities using courtesy vehicles for dropping off and/or picking up passengers at the airport as of January 1, 2004, the airport manager shall determine the annual fee for each entity based on calculations flowing from the six-week survey of passengers transportation conducted by the airport in 2003.
Note:
For any new entity that commences using one or more courtesy vehicles for dropping off and/or picking up passengers at the airport during 2004 the airport manager shall estimate the number of annual trips that entity's vehicle(s) will make to the airport and use the above fee schedule to set its annual fee.

 Annual fee = $.011 X estimated 2003 enplaned passengers X entity's estimated proportional share of passengers carried by fare-charging entities
Note:
For those fare-charging entities dropping off and/or picking up passengers at the airport as of January 1, 2004, the airport manager shall determine the annual fee by applying the following formula.
Note:
For any new fare-charging entity that commences dropping off and/or picking up passengers at the airport during 2004, the airport manager shall estimate the percentage of enplaned passengers that entity will transport during 2004 and determine its fee by applying the above formula.  The commencement of business at the airport by any new fare-charging entity will not change the annual fee charged to any other entity.

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

RESOLUTION NO.     - APPROVAL OF CONTRACT - GROUND TRANSPORTATION SERVICES - ITHACA TOMPKINS REGIONAL
                                         AIRPORT

 WHEREAS, the airport's ground transportation services contract with Ithaca Airport Limousine (IAL) expired on September 30, 2003, and
 WHEREAS, it is deemed desirable from a customer service point of view to offer passengers with a choice of taxi, van, or mini-bus transportation, and
 WHEREAS, said choice is made possible through a cooperative venture between IAL and Ithaca Dispatch (ID) which currently controls all local taxi service, and
 WHEREAS, IAL and ID, with the airport's approval, have agreed to a cooperative partnership for a one year period from January 1, 2004, through December 31, 2004, to gauge the effectiveness of said cooperative venture and its service to the public, and
 WHEREAS, through surveys and meetings with IAL and ID, the airport will, with program committee concurrence, determine whether the terms of the contract should be changed and whether the contract should be extended beyond the end of 2004, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the County Administrator, or his designee, be authorized to sign a one-year contract with Ithaca Airport Limousine and Ithaca Dispatch for the period of January 1, 2004, through December 31, 2004, such contract to cover IAL's and ID's rental of counter space and their payment of fees in accord with Schedule "A" which was a part of Resolution No.     of 2004.
SEQR ACTION:  TYPE II-20

Budget Process
 
 The Committee reviewed a draft 2005 budget calendar.   Mr. Koplinka-Loehr noted the significant changes to the calendar includes pushing the process back one month for departments to submit budgets and a shift from program committees performing budget reviews driving September and moving those reviews to a different kind of review earlier in the year.  Those discussions would be more of a policy and direction-setting discussion rather than a line-by-line review of the department budget.  He said the Expanded Budget Committee meetings would include walking through information that departments have presented to the program committees in the past.

 Mr. Penniman asked that "Preliminary Projections of 2005 Budget" be added under May 11th to the budget calendar.
 
 Mr. Whicher said department heads have responded favorably to this; however, they would like to be advised as to how they should communicate with program committees to productively discuss pressing issues and receive guidance.

 Ms. Kiefer asked how program committees will be involved in working with departments on initial budget submissions.  Mr. Koplinka-Loehr stated that has not been written into the process; and is not recommended by the Budget and Capital Committee; however, program committee chairs could be more involved if they take the initiative with department heads.

Over-Target Process

 Mr. Koplinka-Loehr said because the Over Target Process is designed to put attention on what is above the base, there may be another way to look at budgets that would be more useful.

 Mr. Whicher said he believes the Legislature would be supportive of holding salaries in a reserve until a contract agreement is reached; he noted if this happens it may significantly lower the amount of over-target requests presented to the Legislature.  Mr. Koplinka-Loehr agreed, but said the Legislature could set a target that would generate more over-target requests.   Ms. Thomas noted that there will be many OTR's in the 2005 budget as a result of the "TILOR amendment".

 Mr. Penniman said one of the biggest problems he sees with the OTR process is that departments have to propose programs and related employees as possible cuts for several months of review, leading to lower morale among some employees.

 Mr. Squires said he feels the Over Target process has been successful in restraining growth but it does not address the reality that the County's resources do not match its operations.  He said until the Legislature makes a determination as to what is the appropriate level of resources it cannot establish priorities.

 Mr. Whicher said the Legislature may want to consider changing the charge to the County Administrator.

 Ms. Thomas asked if it would be helpful to show what the total cost of the program is with and without Over Target requests.  Mr. Booth said the public does not understand the OTR process and Ms. Thomas' suggestion may be helpful if it allows the public to see the entire cost of a program.  Mr. Koplinka-Loehr agreed that the OTR process probably does not do everything that is desired and that the entire process needs to be reviewed.

 Ms. Kiefer spoke to changing the charge to the County Administrator and suggested that if he is simply given a "cap", we leave it up to him to put in his own priorities which abdicates our responsibilities at that point in the process. .  Mr. Booth said he would support giving the County Administrator a specific target.   Mrs. McBean-Clairborne agreed the County Administrator should receive a different type of direction, but feels the Legislature should establish its priorities before providing a different direction to Mr. Whicher.

 Mr. Koplinka-Loehr stated the present budget process tries to unsuccessfully accomplish three things in September through November: program evaluation, setting basic budget levels, and priority-setting across departments. He said he hopes priority-setting will take place earlier this year.

 Mr. Whicher stated a comment was made at the department head meeting that department heads have a hard time understanding where the Legislature is going unless an end-goal is identified.  Department heads need to know what is on the table and what the ranges are.  He said it might not be as pleasant but they need to have a better feel for where they are and where the entire process is going.

 Mr. Koplinka-Loehr said he will try to put together a list of ideas as to how to address this and prepare alternative approaches for a Legislative retreat.
Mortgage Recording Tax

 The following resolution was moved by Mr. Booth, seconded by Mrs. McBean-Clairborne:

RESOLUTION NO.      SETTING FORTH THE INTENTION OF THE TOMPKINS COUNTY LEGISLATURE WITH REGARD TO
                                        ADDITIONAL FUNDS RECEIVED AS A RESULT OF AN INCREASE IN THE MORTGAGE TAX

 Mr. Todd said he is opposed to this resolution.   It was MOVED by Mr. Todd, seconded by Mr. Penniman, that an exemption be granted on the first $100,000 of any mortgage being taxed.  Mr. Todd said he is concerned for the substantial number of people that are low/moderate income buyers and many of whom are first time homeowners.  Mrs. McBean-Clairborne shared Mr. Todd's concern; however, stated there are many people who pay for homes within the proposed range of mortgages and then use them for rental income.  She said she supports the concept of the motion but believes the figure is too high.  A friendly amendment was made to change the amendment to read:  "That an exemption be granted on any mortgage less than $100,000 for single-family dwellings being taxed."

 Mr. Whicher said the Legislature could also explore implementing a rebate system rather than applying this exemption to all mortgages, including those who are not in financial need of it.
 
 A voice vote on the amendment resulted as follows:  Ayes - 2 (Penniman and Todd); Noes - 3 (Booth, Koplinka-Loehr, and McBean-Clairborne).  MOTION FAILED.   A voice vote on the original resolution resulted as follows:  Ayes - 3 (Booth, Koplinka-Loehr, and McBean-Clairborne); Noes - 2 (Penniman and Todd).  MOTION CARRIED.

 WHEREAS, the Tompkins County Legislature has requested that the New York State (NYS) Legislature amend the NYS Tax Law §261 as it relates to distribution of taxes collected under NYS Tax Law §253(2)(a), and
 WHEREAS, the Tompkins County Legislature desires to set forth its intention with regard to the use of such funds, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the mortgage tax funds collected under NYS Tax Law §253(2)(a) shall be allocated in the Amended Tax Law §261 as follows: "The funds will be used to pay Tompkins County’s and the City of Ithaca’s shares of their joint mass transportation project (currently operated as the joint venture known as Tompkins Consolidated Area Transit under General Municipal Law §119 (s)(1) provision of the mass transportation, in the County of Tompkins) or its successor in interest, pursuant to an agreement to be reached between the County and City of Ithaca, and, thereafter, any additional funds will be used for County transportation services which can include, roads, bridges, highways, and airport and public transit services.”
SEQR ACTION:  TYPE II-20

RESOLUTION NO.       REQUESTING THAT THE STATE LEGISLATURE APPROVE AN AMENDMENT TO THE TAX LAW PERMITTING
                                         TOMPKINS COUNTY TO COLLECT AN ADDITIONAL MORTGAGE RECORDING TAX FOR
                                         TRANSPORTATION USES

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth.  It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, to add the following language to the first Resolved: "in accordance with an agreement to be reached between the County and the City of Ithaca,".  It was felt that the State did not want any additional information added to the resolution.  Mr. Booth said it is his understanding that the City will not support this resolution without the addition of this language.   Ms. Kiefer disagreed, and stated that is not consistent with information she has received.  Ms. Kiefer also reminded the Committee of Legislator Herrera's concern that a Countywide tax that additionally benefits only one municipality (the City)can be seen as unfair to the rest of the County.

 A voice vote on the amendment resulted as follows:  Ayes - 2 (Booth and Koplinka-Loehr); Noes - 3 (McBean-Clairborne, Penniman, and Todd).  MOTION FAILED.   A voice vote on the resolution subject to a change being submitted by the County Attorney relating to the amendment of Section 261, resulted as follows:  Ayes- 3 (Booth, Koplinka-Loehr, and McBean-Clairborne); Noes - 2 (Penniman and Todd).  MOTION CARRIED.

 WHEREAS, the provision of transportation services including mass transportation enhances the health, safety and welfare of the residents of Tompkins County, and
 WHEREAS, the cost of providing these transportation services has increased and continues to burden the County budget, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature endorses an amendment to Subdivision 1of Section 261 of the Tax Law to permit the County to collect this additional .25 percent mortgage recording tax and use the revenues for transportation purposes,
 RESOLVED, further, That the County urges the New York State Legislature to amend the tax law accordingly.
SEQR ACTION:  TYPE II-20

 Ms. Fitzpatrick presented the Committee with updated statistics from the Personnel Department.  Mr. Koplinka-Loehr requested Ms. Fitzpatrick to continually look for trends and to bring concerns she identifies to the attention of the Committee.   The Committee felt the information was presented in an informative manner; a request was made that abbreviations not be used.

County Tax Levy - Comparison Data

 The Committee reviewed the charts contained in the agenda packet.  A question was raised as to where the population figure of 4,000 students in Tioga County was derived from.  Mr. Whicher said he would look into this.  Ms. Robertson said she would like sales tax revenue information included on the chart.

Mandate Classifications

 The Committee reviewed the items presented in the categories of Mandates, Mandated Responsibilities, and Locally Controlled Spending for departments reporting to the Health and Human Services Committee.  It was requested that the Medical Examiner program be moved from Locally  Controlled Spending to Mandated Responsibilities.   Mr. Booth requested that future lists define abbreviations.

Committee Goals - 2004

 Time did not permit a  review of Committee goals.  This item was deferred to the next meeting.

Appointment

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to reappoint Kathy Herrera to the Tompkins Consolidated Area Transit Board of Directors as a Tompkins County Legislator/labor representative, for a term expiring December 31, 2006.

Adjournment

 The meeting adjourned at 1:24 p.m.