Called to Order

 The meeting was called to order at 11:30 a.m.

Changes to Agenda

 Mr. Penniman indicated there was a revised agenda that includes a presentation and resolutions from Tompkins Cortland Community College.  He also said the date and location for the public hearing on the proposed needs to be discussed.

Approval of Minutes

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of the July 22, 2003 meeting as corrected.

Report from the Committee Chair

 Mr. Penniman said he did not intend to place a resolution on the next Legislature's agenda adopting a local law to join the Catskill Off-Track Betting Corporation.  He is interested in hearing public comment first at the public hearing on August 19th before the Committee discussed proposing a resolution to adopt the local law.  He asked the Committee for direction whether this subject should be discussed during the budget process.

 Mr. Booth said he would like to discuss this separately from the budget process and would like to do it sooner rather than later.  Mrs. Schuler agreed with Mr. Booth's comment to discuss it separately.  A brief discussion followed and it was the consensus of the Committee to bring a resolution to the next Committee meeting for discussion.

Report from the Finance Director

 Mr. Squires presented the Committee with financial information through July.  He gave an overview of the comparison information for Mandated items and said the most significant mandate is in the Medicaid revenue account.   The account shows a revenue amount of $3.2 million this year compared to $1.6 million in 2002.  The report shows that more revenue was brought in last year at this time.  The uncollected amount of $2.6 million will compound the Medicaid expenditure account.  He said the Medicaid budget has not been maintained in the last several years as revenue received has supplemented it.  He feels that by November, he will be able to predict the Medicaid budget.

 Mr. Squires reported on the sales tax received for the month of July.  He said $2.6 million was received compared to $2.2 million last year.  The amount of sales tax received now coincides with the budget estimate for this year.  If the sales tax received for the remainder of the year is sustained, the County will be ahead in sales tax revenues.

 He said the retirement bill received for this year was as projected at $1.3 million plus an early retirements incentive bill of $550,000.

 Mr. Penniman reiterated his comments that he would like to know why the sales tax  is so unpredictable.  He asked if it could be divided by sectors and analyzed.

 Mr. Squires noted that he will be going to bond market in September to draw on the two bonds approved:  (1) $2 million for the Communications Project; and (2) $800,000 for the Jail project.  These will come due in 180 days.  Next March, $400 million will also be coming due resulting in almost $7 million coming due at the same time.

 At this time, Mr. Squires distributed copies of information pertaining to the Treasurer's conference held in Tompkins County last week and encouraged the Committee to read it.  He commented that a Lewiston County Treasurer's vehicle was stolen during the conference.

 Mr. Booth asked if the reason for the increase in Assigned Counsel was related to use or increased fees.  Mr. Squires said it is caused from use not higher fees.

 Mr. Whicher asked Mr. Herden to give a brief update on a Medicaid payment just received.  Mr. Herden said the amount of the second payment received is $1.2 million.  He commented that the Medicaid information distributed by Mr. Squires is the State's overburden which is settled quarterly and is settled le two quarters prior.  The payment received in July was for the fourth quarter last year and is not reflected in Mr. Squires report.

Report from the County Administrator

 Mr. Whicher said he is in the process of reviewing over-target requests submitted by Departments.  He feels that between the Department's budgets and capital projects, he may be able to get the property tax increase down to 25-30 percent range.  Beyond that programs will need to be cut.  He spoke briefly about how he was handling the direction from the Legislature to submit a five percent budget.

 Mr. Booth said that comments concerning the term "wish list" keep coming up and asked if it is being addressed.  Mr. Whicher said a meeting is being held with the Ithaca Journal.  Mr. Booth feels that a list of definitions for mandates needs to be developed as well as a standardized way of using it.  Mr. Penniman requested this topic be discussed at the next meeting.

 Mr. Whicher commented that the union was approached with a proposal and he is waiting to hear back from them.

 Mr. Penniman said he would like the Committee to begin discussing future year projections at the end of September.

Deputy County Administrator

 Mrs. Smithers said she did not have a report.

Resolutions

 One-Percent Sales Tax Extension
 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, to submit the following resolution to the Legislature for approval.  A voice vote resulted as follow:  Ayes - 4 (Penniman, Koplinka-Loehr, Booth, and Todd); Noes - 1 (Schuler).  RESOLUTION CARRIED.

RESOLUTION NO.           -  EXTENSION OF 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, 2005

 Be it enacted by the Tompkins County Legislature of the County of Tompkins, on recommendation of the Budget and Capital Committee, 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.
      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, 2005, 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, 2005, 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) 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, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, 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, 2005, the tax shall be at a rate of four percent, and on and after December 1, 2005, 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 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, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, 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, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, 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, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, 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.  Subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows:
 (1)(A)  In respect to the use of property used by the purchaser in this County prior to March 1, 1967.
 (B)  With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2005, 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 on December 1, 2003.
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 Replacement Pay - Sheriff's Department
 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, and unanimously adopted by voice vote, to submit the following resolution to the Legislature for approval:

RESOLUTION NO.            - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AT THE SHERIFF’S OFFICE

WHEREAS, the Sheriff’s Office has employees who were on disability, compensation and/or suspended and unable to perform their duty, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for such replacement pay from the Contingent Fund for employees who have been out longer than two months, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committee, That the Director of Finance appropriate a total of $66,289 to the Sheriff’s budget for replacement pay encompassing the period of January 1, 2003 – June 30, 2003,
 RESOLVED, further, That the money be distributed to the following accounts:

FROM:  A1990.54440 Contingent Fund  $66,289
 
TO: Uniform Division A3113.51000 Regular Pay  $26,084
  A3113.51800 Fringe   $  7,043
 
       Corrections A3150.51000 Regular Pay  $26,112
  A3150.58800 Fringe  $  7,050
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 F.M. Blake Contract - Social Services
 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, and unanimously adopted by voice vote, to submit the following resolution to the Legislature for approval.

RESOLUTION NO.  - AUTHORIZATION FOR SOCIAL SERVICES TO CONTRACT WITH F.M. BLAKE AND ASSOCIATES TO ESTABLISH AND MAINTAIN SSI ELIGIBILITY FOR CERTAIN FOSTER CHILDREN - BUDGET APPROPRIATION – DEPARTMENT OF SOCIAL SERVICES

WHEREAS, certain foster children under the Department of Social Services care are likely to be found eligible for Federal SSI benefits if an application were made on their behalf, and
WHEREAS, depending on the particular combination of each foster child’s care needs and eligibility for other Federal reimbursement, Social Services’ net local cost for some cases will be reduced if SSI eligibility were established and assigned benefits accepted, and
WHEREAS, the Department of Social Services has neither the resources nor the expertise to establish and maintain SSI eligibility for these clients, and
WHEREAS, a consultant with unique expertise and experience in this area, F.M. Blake and Associates, Lewiston, Idaho, is willing to perform those services on a contingency fee basis, qualifying for payment only upon successfully establishing SSI eligibility for the foster child, and
WHEREAS, this arrangement could result in a significant reduction in the net local cost of certain foster care cases in exchange for a nominal additional administrative expense, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Department of Social Services is authorized to contract with F.M. Blake and Associates for a cost not to exceed $19,880 for the purpose described above,
RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to Social Services 2003 budget.
Revenue:            .599 Appropriated Fund Balance  $19,880
Appropriation:  6010.54442   Professional Services      $19,880
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Explanation:  The Department proposes to refer to the vendor only those foster care cases whose characteristics would lead to the cost of the contingency fees being recouped in 6 or fewer months.  For most cases for which eligibility is established the cumulative reduction in the local cost of care will exceed the cost of the contingency fee within two months.  We anticipate paying for 20 such successes respecting our current caseload.

The Department of Social Services is precluded from claiming Federal reimbursement for the contingency fees paid to establish and maintain SSI eligibility.  The existence of the NYS Foster Care Block Grant (and the level at which it is funded) together dictate that additional state reimbursement for these expenditures cannot be expected either.

The cost of the contingency fees will be more than offset by savings in the mandate programs through which the Department pays foster care costs.  But transfers of appropriation from mandate programs to a non-mandate program would be problematic at best, and the two mandate programs in question (Family Assistance and Foster Care) are running over-budget this year in any case, therefore we’re requesting permission to use a portion of our 2002 Certified Rollover to fund this contract.

Tompkins Cortland Community College

 Executive Session

 It was MOVED by Mrs. Schuler, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote, to hold an executive session to discuss contract negotiations.  An executive session was held at 12:22 p.m. and returned to open session at 12:42 p.m.

 Resolutions

 It was MOVED by Mr. Booth, seconded by Mrs. Schuler, to submit the following resolution to the Legislature for approval.  A voice vote resulted as follows:  Ayes - 4 (Penniman, Todd, Schuler, and Booth); Noes - 1 (Koplinka-Loehr).  RESOLUTION CARRIED.

RESOLUTION NO.  - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE FACULTY ASSOCIATION AGREEMENT FOR THE  YEARS 2003-2008

WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Faculty Association expires August 31, 2003, and
WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Faculty Association, and
WHEREAS, the negotiating teams reached agreement, and
WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement,
RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature.
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 It was MOVED by Mr. Booth, seconded by Mr. Todd, to submit the following resolution to the Legislature for approval.  A voice vote resulted as follows:  Ayes - 4 (Penniman, Todd, Schuler, and Booth); Noes - 1 (Koplinka-Loehr).  RESOLUTION CARRIED.

RESOLUTION NO.  - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE PROFESSIONAL ADMINISTRATORS ASSOCIATION AGREEMENT FOR THE YEARS 2003-2008

WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Professional Administrators Association expires August 31, 2003, and
WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Professional Administrators Association, and
WHEREAS, the negotiating teams reached agreement, and
WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement,
RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature.
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 At this time, Mr. Haynes stated for the record his appreciation to Mr. Poland and Mr. Ross for their hard work on the contract negotiations.

 Campus Master Plan
 Mr. Haynes provided background information on the Campus Master Plan and said the proposed resolution moves the project forward.  The two sponsoring counties approved an allocation for a design facility (phase 1) of the master plan.  The primary driver for this project is enrollment growth, running out of space, relocating most athletic and recreational activities to a separate facility.  Typically, prior to asking for sponsor approval, SUNY (State University of New York) commits to the Master Plan. However, that is not the case and the College is asking for approval to commit which he feels will help leverage the opportunity to get the balance of State money the College is looking for.  During the State budget process this year, there was a lump sum allocated for capital projects for community colleges in the amount of $175 million and will be distributed on a pro rata basis to 30 community colleges based on enrollment.  Tompkins Cortland Community College went into the process assuming those colleges with master plans approved and endorsed by their sponsors would have half the project funded.  Of the $175 million, TC3 would receive just under $3 million which is not enough to do 50 percent sharing of the master plan.  There are two options in TC3's favor:  (1) a lot of the campuses who had allocations do not have master plans; or (2) do not have sponsor approval.  SUNY does have authority to use those dollars in a flexible approach and Mr. Haynes feels that if TC3 approaches SUNY they will provide the funding at least for phase 1.  The remaining SUNY master plan will be acted on in the forthcoming year.  Senator Seward continues to work very strongly on the College's behalf.

 Mr. Haynes reported that some of the design work has been done.  The cost of the project is estimated to be higher than originally anticipated by different architects last year.  Mr. Haynes is asking for approval to move forward with the $23 million rather than a $21 million project.  The two million dollars will be paid in the following manner:  (1) the State will pay one million dollars; and (2) the other one million dollars will be appropriated from the capital campaign.

 At this time, Mr. Haynes distributed information and gave an overview and outline of the project cost and timeline as well as the debt service.

 Resolution - Campus Master Plan

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, to submit the following resolution to the Legislature for approval.  Mrs. Schuler asked what would happen if the College did not raise the necessary funding for the project.  Mr. Haynes feels very confident the money will be raised but if not the project would have to be scaled back or a request made for additional funding.

 Mr. Squires clarified this project will be bonded for $11,500,000; Mr. Haynes said the money raised will be used to pay toward that debt.

 Mr. Whicher questioned whether TC3 should be required to complete the PAR (Project Approval Request) process and submit the form for the Campus Master Plan project.  Discussion followed and the Committee agreed with having TC3 complete a PAR form which will assist the Legislature in reviewing all capital projects.

 There was discussion concerning the enrollment policy at the College and the issue of whether to accept all applicants; Mr. Penniman asked that this be discussed at a future meeting.  Mr. Squires spoke about the importance of discussing whether this Legislature is taking the lead in this project; Mr. Lane as chair of the Financial Oversight Committee for the College said he would put this item on the agenda for the next meeting.  Mr. Haynes also recommended an intermunicipal agreement be developed between the two sponsoring counties.

 A voice vote resulted as follows:  Ayes - 5 (Penniman, Schuler, Koplinka-Loehr, Todd, and Booth); Noes - 0.  RESOLUTION CARRIED.

RESOLUTION NO.  -  APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN AMENDMENT

WHEREAS, via Resolution No. 250 adopted on November 7, 2003, the Tompkins County Legislature approved Tompkins Cortland Community College’s campus master plan in the amount of $21,000,000, and
WHEREAS, the State University of New York provided state dollars for the design of Phase I of the master plan which was matched with out-of-county chargeback dollars, and
WHEREAS, detailed cost estimates have been completed as part of the design work for Phase I and in spite of efforts to curtail costs, it is increasingly evident that the original plan was seriously underestimated, and
WHEREAS, the College has sought advice from the State University of New York and has been advised to submit an amendment to the current master plan requesting the need for additional monies, and
WHEREAS, the local share of these additional monies will be supported by private fund raising and will not require local support beyond the level of the College’s original proposed plan, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the campus master plan with a revised estimated cost of $23,000,000 be adopted by the Tompkins County Legislature as the formal plan for future renovations and modifications to the campus,
RESOLVED, further, That the Tompkins County Legislature commits to bond for the sponsor share subject to notification that the State University of New York has approved its commitment to fund the projects as outlined in the amended master plan,
RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature.
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 Ms. Shakarjian gave a brief overview of the document distributed containing the proposed 2004 capital project requests submitted by departments.  Mr. Penniman said the Committee will discuss this item at the next meeting.

Public Forum and Public Hearing

 Ms. Skinner distributed copies of information pertaining to public meetings held in the past on the County budget and the advantages and disadvantages of them.  Last year, there were three public meetings:  public forum (optional), budget presentation (optional), and public hearing (required).  She asked the Committee to give her direction if the Legislature wished to have a public forum and budget presentation this year.  Ms. Skinner said she recommends all three meetings and to use the public forum to present the five percent scenario early in September.  Discussion followed and opposition expressed with presenting the five percent scenario at a public forum.  A majority of Committee members spoke in support of having all three meetings as held in past years.  However, Mr. Booth stated that he does not feel it is necessary to have a public forum and supported having the budget presentation and public hearing.

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, to recommend the public hearing be held the fourth week in September and encourage committee chairs to complete budget reviews by the third week in September, hold the budget presentation following the expanded Budget meetings in October and hold the public hearing in November.  A voice vote resulted as follows:  Ayes - 4 (Penniman, Koplinka-Loehr, Schuler, and Todd); Noes - 1 (Booth).  MOTION CARRIED.

Adjournment

 The meeting adjourned at 1:48 p.m.