Called to Order

 Mr. Koplinka-Loehr called the meeting to order at 11:36 a.m.

Changes to the Agenda

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add to the agenda a request to fill a vacancy of Caseworker at the Department of Social Services.

Approval of Minutes of July 13, 2004

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of July 13, 2004 as submitted.  MINUTES APPROVED.

Privilege of the Floor by the Public

 There was no one from the public in attendance.

Chair’s Report

 Mr. Koplinka-Loehr had no report.

Finance Director’s Report

 Mr. Squires reported he received the latest reconciliation of the sales tax distribution.  He said 2001 is final and 2002 and 2003 are adjusted.   Mr. Squires spoke about the percentage of distribution retained by the County and called attention to the figure going down from 69 to 65 percent since 1998.  He said this figure has gone down because the income from the City is half of what is collected and is increasing; growth outside is disproportioned and it results in a change in the amount that is retained.   He also reported he received a check from $162,340 for reimbursement for health insurance; particularly, refunding the County for Stop Loss payment that were initially incurred.

County Administrator’s Report

   Mr. Whicher reported there is a concern with the Mental Health Department budget that could result in a shortfall this year.  He will be meeting with Bob Deluca, Acting Commissioner, to go over this.  Mr. Whicher said Mr. Deluca is being proactive and concerned about the budget and during their upcoming meeting they will also be discussing structural issues.

RESOLUTION NO.  - INCREASING THE HOURLY FEE FOR ATTORNEYS
      REPRESENTING THE DEPARTMENT OF ASSESSMENT
      IN REAL PROPERTY TAX LAW ARTICLE 7, CERTIORARI
      PROCEEDINGS - ASSESSMENT DEPARTMENT

 MOVED by Mr. Todd, seconded by Mr. Booth.  Ms. Coggin reported the Department has only twelve active cases at this time.  She said these attorneys are making a lot less money than they used to and the average rate for an attorney in Ithaca is between $175 - $195/hour.   Mr. Wood noted that these funds would come out of the Risk Management Fund and a request is not being made to increase that account.   A voice vote resulted as follows:  Ayes – 4, Noes – 0, Excused – 1(Penniman).  MOTION CARRIED.

 WHEREAS, the Tompkins County Department of Assessment utilizes the services of local attorneys in lawsuits brought against the County by Real Property owners, and
 WHEREAS, the current fee (since 1999) of $115.00 per hour is considerably below what an experienced attorney in private practice charges, and
 WHEREAS, the immediate availability, competent representation, and counsel from these attorneys are primary importance to the Director of Assessment for a successful outcome of said lawsuits, now therefore be it
 RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the hourly fee for attorneys from the private sector, representing Tompkins County in said judicial proceedings, shall be increased to $125.00 per hour, effective immediately.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO.     - ESTABLISHING 2005 FRINGE BENEFITS PAYMENT RATE

 MOVED by Mrs. McBean, seconded by Mr. Todd.   Mrs. McBean-Clairborne asked if payroll increases, why wouldn’t one assume the payroll budget wouldn’t increase.  Mr. Whicher said the Fringe Rate will be able to be held down because the County will not have to be making a retirement payment this year.  It has been deferred from December 15, 2004 to February, 2005.  Ms. Kiefer expressed concern the month of February is typically not a good cash flow month for the county and would like to discuss permanently moving it to February.  Mr. Whicher said he also expects other things to happen that will hold down payroll costs over the next couple of years.

 Mr. Squires clarified that the February, 2005 payment that is due would be for 2005 and that has already been collected.  He said this allows the County to not provide next year’s payments specifically for retirement and provides flexibility to pay for other things that is salary-related.  Mr. Koplinka-Loehr said this is a policy discussion and direction that will need to be discussed.  Mr. Booth said something this important should be explained in a document and be provided prior to a meeting.
 
 A voice vote resulted as follows:  Ayes – 3 (Koplinka-Loehr, McBean-Clairborne, and Todd); Noes – 1 (Booth); Excused – 1 (Penniman).  MOTION CARRIED.

 WHEREAS, upon adoption of the 2004 budget the estimated Fringe Pool for the employer share of fringes, including New York State Retirement, Social Security, Workers Compensation, Voluntary Employee Benefit program (known as "VEBA"), Health Insurance, Supplemental Benefits and Unemployment Insurance was $12.4 million dollars, and

 WHEREAS, the 2004 estimated Fringe Pool represents thirty-nine percent of estimated payroll, and
 WHEREAS, State Comptroller Hevesi, now that the State and Assembly has passed bills that alleviate any 2004 retirement obligation payments for the County, resuming annual payments in 2005 with the payments due in February, has proposed that the County's 2004 Retirement payment be deferred until February 2005, and
 WHEREAS, the current Fringe Pool estimates may vary between two and three percent (in total) as payroll estimates for 2005 may vary, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2005 charged to all County departments based on actual payroll paid, shall remain at 39.0 percent.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO.       – AUTHORIZATION TO ABftSOLVE 2003 HEALTH DEPARTMENT DEFICIT

 Moved by Mrs. McBean-Clairborne, seconded by Mr. Booth.  It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to Table this resolution to the next meeting.   The Health and Human Services Committee will meet tomorrow to discuss this.
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RESOLUTION NO.   – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY –    HEALTH DEPARTMENT

 MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present.

 WHEREAS, the Health Department had two Community Health Nurse resignations effective April 1, 2004 and May 7, 2004, 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 Health and Human Services 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  $7,151
 TO:  A4016.51000580 Community Health Nurse $5,145
   A4016.58800  Fringes    $2,006
SEQR ACTION: TYPE II-20
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Department of Social Services

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the request by Commissioner Carey to fill a position of Caseworker while an employee is on a temporary/indefinite leave of absence.

Personnel

 Ms. Fitzpatrick, Commissioner of Personnel, had no report.

 Mr. Penniman arrived at 12:20 p.m.

Budget Calendar

 Mr. Koplinka-Loehr asked members to review Draft #3 of the Expanded Budget Committee Calendar and submit comments as soon as possible.

Off-Track Betting

 Mr. Wood reported under the law it is required of the Clerk of the Legislature to submit language that would add the proposition to the ballot for the November election following the adoption of the local law.   He said the action taken by this committee at the last meeting was not necessary.   It was also stated that the language that appears on the ballot must be consistent with the wording adopted by the full Legislature.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote, to rescind the resolution pertaining to this subject at the July 13 meeting.   Ms. Kiefer noted that a painful lesson has been learned:  When the original OTB resolution before the Legislature was shortened by removing some Whereases, we lost the ability to use that deleted language as part of the description in the ballot issue put to the voters.

Tompkins Cortland Community College

 Mr. Wood reported he had concerns upon review of the water agreement for Tompkins Cortland Community College that was adopted at the July 20 Legislature meeting and the County will not be signing the agreement.  He said he has also ready spoken to the attorney for the College is working with the College to resolve those concerns.

Adjournment

 The meeting adjourned at 12:28 p.m.