Called to Order

 Mr. Penniman called the meeting to order at 11:31 a.m.

Changes to the Agenda

 A discussion of the budget calendar was added to the agenda.

Approval of Minutes of June 24 and July 8, 2003

 It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of the June 24 and July 8, 2003 meetings as submitted.    MINUTES APPROVED.

Chair's Report

 Mr. Penniman had no report.

Finance Director's Report

 Mr. Squires distributed the second quarter sales tax report and said the second quarter was above last year and put the County back on target to meet the 2003 budget estimate.    Mr. Squires said he does not have enough details from the State to indicate whether the income had benefited from any adjustments.   The interesting thing is that there is a greater disparity in the increase in distributions related to outside the City compared to inside the City; noting sales outside the City have been extremely vibrant.

 Mr. Penniman asked Mr. Squires to try to find out what is driving the sales tax figures.  Mr. Squires said he would try and that the State reports are generally broken down by industrial classifications and because of budget problems, New York State has not been publishing reports.   Mr. Penniman asked if Mr. Squires knew to what extent the sales tax is attributed to energy sales, retail sales, and car sales.  Mr. Squires said he would look into this.

 Mr. Squires distributed a Contingent Fund Report dated July 21, 2003 showing a total available Fund Balance of $752,363.

County Administrator's Report

 Mr. Whicher began his report by having Mrs. Smithers distribute copies of preliminary 2004 budget information.  He announced unprecedented budget estimates for Tompkins County, stating at the present time the estimated increase in the property tax stands at 46.79%.    Of this figure, $4.4 million is attributed to mandates, $4 million for Capital, and $6,260,000 for Over Target Requests.  Mr. Whicher said this figure includes everything as it exists today and any request a department has made for programs.  Also included are contractual salary increases and the Capital Program as presented.   Mrs. Smithers noted the Over Target requests that have been received primarily represent requests for maintenance of effort.

 Mr. Whicher spoke of Capital projects included in the preliminary budget and stated the large projects included are the Public Safety Communications system, Public Safety Building, Public Buildings Restoration, and maintenance/construction of highways.  He noted the total new capital is $3,941,636 with $2,300,763 proposed to be funded by property taxes, and $1,640,873 by the Fund Balance; however, the Capital Program may change. Mr. Whicher noted throughout the presentation that the Fund Balance that has existed for several years just isn't there anymore.  Mrs. Smithers stated in previous years the County has had a Fund Balance and has used some of that to finance those projects that were one-time requests.   Although she has indicated which projects those are ($1,640,873 or 8.3% property tax increase), she said a Fund Balance to pay for them does not exist.

 Ms. Kiefer asked if highway projects could be bonded for.  Mr. Squires responded that they could; however, the amount shown represents the five percent local share.  It does not reflect the operating expenses and borrowing to pay the State and federal share.
 
 Ms. Robertson asked if the amount shown for the Public Safety Communications System included any contribution from the State?  Mr. Whicher said it did not as he does not have that information.

 Mrs. Smithers distributed a grid showing the cost for mandated programs from the period 1997 thru the requested budgets for 2004.  In 2003 the adopted total mandate amount was $13,769,142; the 2004 requested amount is $18,165,202.  The largest increases were in the areas of Assigned Counsel, Social Services, and Jail board-outs.

 It was noted that the information presented was preliminary and that figures will change in the coming months.

Discussion - Budget Calendar

 The Committee discussed the timeline by which departmental budget requests would be turned over to the Legislature and made public.   Mr. Whicher said this is going to be a very difficult budget year and to cut $8 million is virtually impossible.   He said some legislators have indicated they would like more time to review documents as was the case last year.  However, he stated doing this forces departments to release information to employees, causing a lot of anxiety.    Mr. Penniman explained that because of the increased costs of operating, departments have been forced to take positions out of departments in order to meet the target that has been set, therefore, those positions are in limbo until the budget is adopted.

 Mr. Whicher said last year legislators were given an extra month to review budget material and deliberate over requests.  The main concern of department heads was that the process last year was not well coordinated and information was released before and employees knew their positions were on the line.  This information was also released by the press rather than from their department head directly.

 Mr. Joseph said last year the Board took the documents out of the process and reviewed them while the County Administrator was performing his review.   Mr. Penniman said much of what legislators will look at this year will be similar to the Over Target Requests that were reviewed last year.  He said he is sensitive to the concerns that have been expressed and would be willing to wait to receive documents until the end of August.   He said the Legislature could review capital project requests since that information has already become available.

 Irene Stein, Director of the Office for the Aging said the budget is still very much a work-in-progress until the County Administrator makes his recommendations.  During the time Mr. Whicher is reviewing departmental requests he will speak to many department heads and many requests will be changed.  Ms. Stein said waiting to release the information would not only relieve the anxiety of employees, but also some public hysteria as well.  Brenda Grinnell-Crosby agreed with Ms. Stein, and said it is very difficult to hold meetings with staff during summer months and forcing department heads into a shorter time frame to meet with employees is not easy for them.  She said last year three employees left their positions at the Health Department because their positions were in jeopardy and she would not like to see this happen again.

 Ms. Kiefer said she prefers that legislative committees receive budget information earlier rather than later, especially in these difficult financial times.

 It was the consensus of the Committee to wait until the County Administrator finishes his recommendations to receive budget request information

RESOLUTION NO.  - AUTHORIZING CHANGE IN RATES – PRESCHOOL SPECIAL EDUCATION PROGRAM - HEALTH DEPARTMENT

 MOVED by Mrs. Schuler, seconded by Mr. Booth.  Ms. Taylor explained that these rates are in-line with surrounding counties.   It was noted that these are rates Tompkins County pays and are not revenues.  A voice vote resulted as follows:  Ayes - 4, Noes - 0, Excused - 1 (Koplinka-Loehr).  MOTION CARRIED.

 WHEREAS, New York State Education Law, Section 4410 stipulates the responsibility for special education services and programs to children 3 to 5 years of age, who are determined eligible under New York State Education Department (SED) regulations, belongs to the municipality of residence*, and
 WHEREAS, it is the municipality’s responsibility to establish contracts with the appropriate school districts, programs and therapists who in turn provide the services and programs to eligible children, as determined by each school district’s Committee for Preschool Special Education (CPSE) and stipulated per the Individual Education Plan (IEP), and
 WHEREAS, SED establishes the rates for Special Education Integrated Programs, Special Education Itinerant Services and 1:1 Aides with the integrated setting, the municipality establishes the rates for Related Services (i.e. Speech, Occupational and Physical Therapy, Counseling, Skilled Nursing, Teacher of Deaf and Hard of Hearing or Visually Impaired, Interpreter, Psychological Services, etc.) for the fiscal period of 7/1 through 6/30 and
 WHEREAS, the department has reviewed data from surrounding counties, regionally and services rendered within the County over the last four years, including the rate history, and based upon the maximum reimbursement allowed by SED, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committee, That the Tompkins County Health Department implement the Related Service Rates below, with the approval of the New York State Education Department:
 
Preschool Special Education Programs
2003-2004 Related Service Rates
2002-2003 Rates     2003-2004 Rates
Related Service Sessions (up to 1 hour) Individual/Group Related Service Sessions (up to 1 hour) Individual/Group
Speech Therapy $66.00/$40.00 Speech Therapy $60.00/$40.00
Physical Therapy $66.00/$66.00 Physical Therapy $60.00/$40.00
Physical Therapy Asst. N/A  /$66.00 Physical Therapy Asst. N/A  /$40.00
Occupational Therapy $66.00/$66.00 Occupational Therapy $60.00/$40.00
Occupational Therapy Asst. N/A  /$66.00 Occupational Therapy Asst. N/A  /$40.00
Counseling $40.00/$40.00
 Counseling $60.00/$40.00
Teacher of  Visually Impaired $40.00/$40.00 Teacher of the Visually Impaired $60.00/$40.00
Teacher of Deaf & Hard-of-Hearing $40.00/$40.00 Teacher of Deaf & Hard-of-Hearing $60.00/$40.00
School Health Services/Nursing $60.00 School Health Services/Nursing $60.00
Psychological Services $100.00 Psychological Services $60.00
Psychological Services Coordination $40.00 Psychological Services Coordination Omit service and cover under general service coordination
Service Coordination $30.00 Service Coordination $30.00
Interpreter $42.00 Interpreter $40.00
Audiological Services $66.00 Audiological Services $60.00
Assistive Technology Services $66.00 Assistive Technology Services $60.00
Parent Counseling *Service not offered Parent Counseling $60.00

Program Aide per  ½ hour  $6.00 Program Aide per
 ½ hour
 $7.00

 RESOLVED, further, That the department is authorized to promulgate these related service rates in future years, so long as, the related service rates deemed appropriate by the Department do not exceed the education program rates established by the New York State Department of Education. SEQR ACTION: TYPE II - 20
Explanatory note:  "Municipality of residence" means the County.

RESOLUTION NO.       - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT - SUPPLEMENTAL AGREEMENT #7 - TCAT

 MOVED by Mrs. Schuler, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.

 WHEREAS, pursuant to State Finance Law Section 89-c, the New  York State Legislature authorizes mass transportation grants for capital projects that are funded with ten % up to 100 % funding, and
 WHEREAS, Tompkins County execute a Master Agreement with the New York State Department of Transportation to simplify the process of State reimbursement of expenses for transit capital projects (County Resolution No. 196 of 1999), and
 WHEREAS, the New York State Department of Transportation has authorized Supplemental Agreement No. 7 for $554,000 in State funds to fund FY 2003 capital projects by TCAT, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes Supplemental Agreement No. 7 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $554,000.
SEQR ACTION:  TYPE II-20
EXPLANATION:  Tompkins County execute a Master Agreement with New York State, in Resolution No. 196 of 1999, to authorize reimbursement by the New York State Dedicated Transportation Trust Fund for transit projects approved in prior federal grants.

This resolution authorizes the Supplemental Agreement No. 7 for $554,000 for reimbursement by New York State for two bus procurement projects conducted in 2003.

The projects are to purchase or replace in-ground bus lifts, a fuel and fluid inventory system, bus shelters, computers and software, a floor sweeper and bus stop signs.

Presentation - DSS Budget

 Mr. Herden, Director of Administrative Services for the Department of Social Services, presented the Committee with information on the increased cost in Social Services State mandates in the 2004 New York State Budget.   At this time he distributed a packet of information comparing program costs between 2003 and 2004.

 Mr. Herden said the year-to-year increase between 2003 and 2004 comes to slightly above $4,003,270; however, he noted the year-to-year difference in appropriations not as significant ($4,492,951).  He reviewed the following budging units contained in the DSS budget:
 
 Planning & Coordination:  The two non-mandate programs are combined in this budgeting unit.   He said the Department is requesting an additional $1.5 million of spending authority in the 2004 budget and the additional local cost associated with that is $653,089.  He said the Department is also asking permission to apply approximately $383,000 in rollover funds from 2002 toward this spending increase.  He stated the non-mandate programs in DSS make up approximately 33 percent of the appropriation for the Department and account for 16 percent of the local cost for the Department.    All of the Department's operational costs, i.e. staffing, equipment, professional services contracts, are in the Administration program which is part of the Planning & Coordination Budgeting unit.   Mr. Herden noted that most but not all of the Department's contracts for services that are directly on behalf of clients are located either in the administration program or the purchase of services program (97% of contracts).  He said there are no staff or administrative costs requested in any of the mandate programs.

 Mr. Penniman said many of the staff included in the Planning & Coordination budgeting unit are administering mandated programs and it would be impossible to have the mandated programs without those staff positions.

 Mandate Programs:  These programs include 67 percent (2/3) of the Department's spending and approximately 84 percent of the local cost.   The total appropriation request for mandate programs for 2004 is $2,946,415 over 2003.

 Mr. Herden spoke of what the Department's assumptions are in terms of the 2004 budget and what factors legislators have to be aware of when considering the Department's budget request.

 Day Care:   The Department is requesting authority to spend the same amount as was projected in 2003 plus an additional ten percent which represents a guess about the impact of an action the State is expected to take on October 1st based on new market rates.  Until the State releases these rates, the budgeted figure of $1,744,656 is a skeptical figure.    For Day Care revenue, the amount of the State allocation is unknown at this time; however, since the New York State Childcare Block Grant was instituted, the mix of cases subsidized through it in Tompkins County have consistently resulted in an average 92 percent rate of reimbursement.  It was noted that the allocation for SFY 03/04 is unknown well as the final months of 2003.  If the allocations are too small, they will need to apply to the State for Child Care Reserve Funds.  If that application is not granted, or the grant is too small, they will have to choose between re-instituting waiting lists for subsidized daycare or issuing some subsidy payments at 100 percent local cost.

 Medicaid: Local/MMIS:  This is the largest program in the Department in terms of the size of its appropriation and local cost.   This is the portion of the federal program that states are delegated to run for which the portion that appears in the County's budget as an expense is only the portion that the State has calculated as the local share of the gross expenditures for that program.  Generally, that figure averages 16 to 18 percent of the gross costs.   At the time the 2004 budget was submitted, the 2003 local cost for the MMIS (Medicaid Management Information Systems) program was slightly over $11 million and that represented an increase of 13.9 percent ($2,197,494) over 2002. The Department chose to use that same percentage for estimating the 2004 budget.

 Mr. Herden said in the Governor's proposed budget for the current fiscal year, it was suggested that the State should cap its reimbursement to local districts at the dollar level the State reimbursed them in 2002.  He said it appears the State Legislature intended to enact something similar that was not a cap.  He said at present the budget does not include this but counties have been told that the State Legislature intends to fix language errors in the budget and impose what was intended.  He said it is questionable whether this is allowable by the federal government.   He presented the Committee with information on the impact of the proposed Overburden Cap.   Although only assumptions are contained in the information, a dramatic increase in cost can be predicted and this is an area that should be monitored closely.

 Services:  The Department is not building any increase in expenditures for foster care for 2004 although some of these costs have run over budget for 2003.  Mr. Herden noted that the State contribution toward these expenses is limited by the size of the Foster Care Block Grant.  If that limitation did not exist, the State share of these costs would be $1.2 million, nearly a million dollars higher.  The total increase in local cost for services that include Services to At-Risk Children and Families, Adult Family Homes, Foster Care, JD Care, and State Training Schools is $164,239 in 2004.

 Economic Assistance Programs: This category includes Family Assistance, Day Care, Safety Net, HEAP, EAA, and the Food Assistance Program.  Mr. Herden said the SFY 2003 budget exposed the State and localities to great risk.  If Statewide caseloads increase as they have here, there will be no federal reimbursement available for the growth in excess of the State's small estimate.

 Mr. Herden said another factor that contributes to the increased local cost is the poor economy  which he feels is reflected in Tompkins County's caseload increase of nine percent and rising emergency shelter costs.    He said the budget submitted by the Department of Social Services anticipates a total increased appropriation of $4,492,951, with is an increase in local cost of $4,000,270.
 

RESOLUTION NO.     - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO.   OF 2003 – AUTHORIZING TOMPKINS COUNTY TO JOIN THE CATSKILL REGION OFF-TRACK BETTING CORPORATION

 MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote by members present.  Ms. Thomas said she was informed  by Cortland County that they have had no increased public safety costs as a result of OTB.  She said 50 percent of Cortland County's revenues from OTB come from Tompkins County.
 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 19, 2004, at 5:30 o'clock in the evening thereof concerning proposed Local Law No.   of 2003 -  Authorizing Tompkins County To Join The Catskill Region Off-Track Betting Corporation.  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

RESOLUTION NO.       - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY – ASSIGNED COUNSEL

 MOVED by Mrs. Schuler, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.

 WHEREAS, Assigned Counsel employee, Doreen Lauper, resigned from service effective July 11, 2003, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:  A1990.54440  Contingent Fund  $3,536.29
 TO:  A1170.51000535 Administrative Assistant $2,581,50    A1170.58800  Fringes    $   954.79
SEQR ACTION:  TYPE II-20

 WHEREAS, the 2004 Tompkins County Budget and the 2004 – 2008 Tompkins County Capital Program are scheduled to be adopted on November 18, 2003, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Legislature at Boynton Middle School located at 1601 North Cayuga Street, Ithaca, New York on November 12th, at 7:00 o'clock in the evening thereof concerning the review of the 2004 Tompkins County Budget and on the 2004-2008 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

 The meeting adjourned at 1:30 p.m.