Chair Joseph called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

    Members and guests participated in the Pledge of Allegiance to the Flag.

    Present:  14 Representatives.
    Excused:  1 (Representative McBean)

Privilege of the Floor by the Public

Yvonne Bartlett, former employee of the County, informed the Board she had received the Material Safety Data Sheet from the manufacturer of the carbonless paper used by the County.  She read portions of the form and expressed her belief that her health was jeopardized by the use of this product and asked that the County seek alternatives in order to eliminate exposure.

Fay Gougakis, City of Ithaca resident, expressed her concern regarding the manner in which the subject of jet skis progressed at a recent Common Council meeting.  She said she had compiled extensive information for Common Council and did not feel an adequate review of the matter had been completed.  She will continue to discuss this matter at future meetings of the Common Council committee assigned to review the jet ski issue.

Privilege of the Floor by Board Members

Mr. Winch, District No. 8 Representative, reported that he attended a meeting of emergency services called by the American Red Cross and the City of Ithaca Fire Department that provided information and brainstorming of emergency services subsequent to the recent storm emergency.  Attendees at this meeting included the American Red Cross, numerous fire departments throughout the county, New York State Electric and Gas Corporation, and the County 911 services.  The recent storm left 12,000 homes in Tompkins County without electricity for varying periods.  New York State Electric and Gas, spoke in the meeting of 15,000 customers without service throughout their service area.  Thirty-eight tree crews were removing limbs and trees that were in danger.  In addition numerous employees of the company came from outside areas to assist in the emergency.  New York State Electric and Gas Corporation spoke of the logistics involved with regard to housing, meals, deployment of crews to unfamiliar areas, etc.   One thing looked upon in a very positive manner was the ability of everyone to cooperate in the efforts required to complete necessary work as quickly and safely as possible.  One outcome of the meeting was that all communities are asked to have an emergency plan in place to assist in rapid deployment of staff and volunteers in the event of an emergency.

Mr. Penniman, District No. 15 Representative, spoke about the New York State Association of Counties conference held February 2 - 4, 2003, in Albany, New York, attended by himself, Mr. Joseph, Ms. Robertson, and Mr. Whicher.  He said the red caps worn by members call attention to NYSAC's effort to "Cap Medicaid Now," as Medicaid is the biggest single item related to budget increases.  He shared information related to increases in property and sales taxes of other counties and said they are all facing the same budget problems as well.  Mr. Penniman then spoke of the variety of resolutions reviewed and passed by members of New York State Association of Counties, pointing out that in each and every resolution to be presented to State government includes a reference that New York State Association of Counties will continue to view capping Medicaid costs to counties, the elimination of New York State unfunded mandates, and the shifting of cost from New York State to counties as the top priorities.   Mr. Penniman said he met with Senators Kuhl and Seward at a legislative breakfast and expressed the concerns of counties.  Senator Kuhl, Chairman of Transportation and primary Senator for Tompkins County, was asked about the stability of funds for the proposed relocation of the Department of Transportation within the County.  Senator Kuhl expressed his belief that the funding is secure for this project.

Mr. Lane, District No. 14 Representative, spoke about the need to continue to notify the State government that it is only fair that the income tax be the driving force of State revenue rather than property tax as it is a more fair and even distribution of the burden.  He also feels that each resolution should include reference of this desire to stress its importance.

Ms. Robertson, District No. 13 Representative, spoke about her attendance at the meeting of the Southern Tier Organization for the Reform of Medicaid (STORM) while at the New York State Association of Counties legislative conference.  She said that some of the legislators are hearing the message from the public regarding the need to revamp the present system of Medicaid funding.  Ms. Robertson also said that on behalf of the Agriculture and Farmland Protection Board she is involved in composing a letter to the State government regarding the risk to family farms with the ever-increasing property tax.  Next, Ms. Robertson noted that there will be a meeting regarding the Pesticide Neighbor Notification Law on February 25, 2003, from 9:30 a.m. - 12:00 p.m. that will assist in training commercial applicators how to be in compliance with the law.  In the afternoon there will be a class on managing turf pests as well.  The session will be at Cooperative Extension; people should call Monika Roth at 272-2292 for information. The Human Services Coalition will hold its annual meeting on Tuesday, February 11, 2003, at noon in the Women's Community Building.

Mrs. Schuler, District No. 4 Representative, said there will be a Drug Court graduation on February 5, 2003 with five graduates.

Mr. Todd, District No. 6 Representative, wanted to make individuals aware that the present rate of annual increase on property assessments is eight percent.  He said that even if a tax rate did not go up, the amount paid in would as a result of the inflation.

Presentation regarding State of Tompkins Cortland Community College and Economic Impact Analysis

    Dr. Carl Haynes, President of Tompkins Cortland Community College, provided the Board with a review of the Annual Report for the college, and a brochure that outlines an economic impact analysis for their information.  Areas of the report that were highlighted within the annual report include:  learning centeredness of the institution, enrollment, funding, and the master plan.  He spoke about the main focal point and continuing goal of the college to continue to be a learning centered institution, working with all stakeholders.  Dr. Haynes said that each department has developed measurable outcome levels at a program level and each class has a revised master course syllabus.  He said that non-academic departments have also developed goals to continue in the behind-the-scene support of the college goals and outcomes.  New courses will be offered this next year for those pursuing an educational field and it is hoped to have all State University of New York (SUNY) requirements out of the way shortly to be able to proceed.
    Dr. Haynes commented on the prominence of online activities for education at the college.  The college is presently the fourth largest online educator in New York State and there is an increased number of education staff utilizing online research for their traditional classroom. 
    Dr. Haynes reported that enrollment continues to grow, with last year's enrollment up eleven percent; and a ten percent increase in enrollment in the Fall of 2002.  At the present time, the spring enrollment is up eight and one-half percent.  He noted that if the enrollment continues to expand at this rate it would show an approximate forty percent increase in the past six years.    The official projections sent to SUNY are modest, however he believes that there will be an increase, due in part to the expanded student housing.
    He then spoke of the cuts in State Aid to the college which include a reduction of base aid for full-time-equivalent students, as well as the reduction of all assistance on rental aid on capital facilities. 

Economic Impact Study

    Dr. Haynes then spoke about the Economic Impact Study that has been completed; 1992 was the last time such a study was done.  At the present time it does not include information on the potential impact the college has on future earnings and quality of life in the community as a result of the education provided.  He said it may be a measured item in a future survey.  This study provides information on dollars spent in the community that are directly related to the college.  Our consultant used a 1.6 multiplier, which may be conservative since others use 2.5!  The bottom line is that by 2012 - within ten years - Tompkins Cortland Community college will have a one billion positive impact.
    Mr. Lane spoke of the growth rate at the college and how it effects the college. 
    Mr. Whicher asked if the shortfall anticipated in the State budget would require an increase in funding from the counties.  Dr. Haynes explained that there would be a need to assist in the mitigation of the tuition increase, but at this time he cannot say how much. 
    Mr. Penniman noted that items such as this are not covered under the basic budgeting process and that there may be other areas requiring an increase as a result of State cuts.
    Dr. Haynes said the larger concern is the change in the tax program and he feels that schools and municipalities would receive funding before the higher education facilities.  If there are no changes in the TAP grant structure there may be a reduction of student enrollment from the projected increases.

Chair's Report

    Chair Joseph spoke of the parking lot assignments and that at the present time no modifications would be made in the reserved spots although this year there are committees scheduled for Wednesdays, too; the board has additional spaces on Tuesday and Thursday.  Any problems related to parking issues should be reported to the Board Clerk.  If all Board parking spots are full members may park in any other parking location in the courthouse and old jail facilities with the exception of State-designated spots for courts and those that are the doubled parking areas.
    Next, Mr. Joseph spoke of the Governor's budget which proposes capping Medicaid expense, but only at the State level with the counties being expected to fund the balance.  He then explained how the State had shifted many programs into areas covered by Medicaid such as the Office of Mental Retardation and Developmental Disabilities and in the Mental Health Office, which provided funding for fifty percent of the cost by the Federal government.  Initially the shared funding ratio was fifty percent Federal, twenty-five percent State, and twenty-five percent local share.  The State did not intend to have the counties bear the increased cost and reimbursed them for this expense as "overburden aide."  The Governor's budget caps the "overburden aide" category at the 2002 level, which will increase the local burden as more individuals are shifted into Medicaid programs and the cost of the present clients increases due to inflation and modification of services.  Mr. Joseph then spoke of the proposal made by the Governor to take over the full cost prescription coverage under Medicaid and raise the county share from twenty-five percent to thirty-seven percent of hospital and clinic expenses. 
    Mr. Joseph feels that while Medicaid is a large portion of budget issues there are others to be concerned with.  In addition to the Medicaid proposals the Governor's proposed budget include a three percent reduction in funding to mandated programs within the Health Department, and the elimination of all funding to any non-mandated programs within the Health Department; Probation Department funding was restructured into a block grant and will reduce funding, although the specific amount is not yet known; Assigned Counsel rates are increased with additional taxes and fees for the State's share of the increase and fifty percent of the increase to the counties; programs for the Elderly now require a local share increase of five percent from 25% to 30%; county revenue sharing, which expired in 2002, is not being renewed; state aid to community colleges is cut.  Mr. Joseph said there is an increase in a real estate transfer funds of twenty-five dollars, nine dollars of this will go to the county; an increase in boater registration fees will also provide some additional revenue.  Mr. Joseph reported that the Social Services Department has numerous formulas to be utilized in determining the share of local funding, and it is known that it will increase but at this time it is difficult to see exactly how much.
     Mr. Joseph said this is the Governor's proposal, which is a starting point and there will be changes.  He feels it is important for everyone to keep in touch with the State representatives, letting them know that the proposal indicates significant increases in property taxes. 
    Mr. Penniman wanted to stress that some of the benefits stated within the Governor's budget such as the overburden aid had already been promised to counties last fall and was therefore already in the new budget - but the Governor is taking credit for that again this year - and the fact that some other communities have already placed or spent the promised funds within their budget.  Also, another benefit spoken of was to again put the tax in place state-wide for clothing and related items.  Many communities have already chosen to do so, Tompkins County included. 
    Mr. Proto inquired whether the State might hold reimbursement payments in any way.  Mr. Joseph did not hear any information regarding that issue, and Mr. Whicher indicated that at this time none of these funds were in hand.
    Ms. Robertson spoke of proposals in the Medicaid payments included a retroactive date of January 1, 2003 which could effect the anticipated reimbursement rate the County is now operating on.  She plans on forwarding communication from constituents to the Governor and feels that he should be aware of the need to balance his budget without shifting the expense to regressive means.
    Mr. Booth asked if there were anticipated changes in the current year State budget.  Mr. Joseph indicated that there are not any anticipated changes.  Mr. Whicher said that the current year shortfall was expected to be dealt with through the sale of tobacco bonds.
    Mr. Proto felt that it was important to review the proposed Governor's budget and be able to make recommendations for changes within it.  Mr. Joseph said that many discussions took place indicating the need to have control over both the programs and spending in order to effectively operate in a sound fiscal manner.  Mr. Joseph feels that it is important to be able to make suggestions that would allow this to occur.
    Ms. Kiefer recalled Mr. Joseph's earlier proposal that the level of government that pays for a service should be the one to decide specifics of that service, and though that at first seems sensible she said that while she feels it is important to have control over the spending there needs to be a statutory minimum standard for program services.  She does not feel program areas should be balkanized, which leads to a race to the bottom.  Ms. Kiefer agrees with Mr. Proto that the issue of a local income tax should definitely be discussed at the new Tax Policy Committee.
    Mr. Whicher said that he felt the Governor's budget did not create a budget that was fair to counties as it continues to transfer the burden of mandated programs to the local governments and their residents.  He does not feel it is worthy of a Governor of New York.

Report from the County Administrator

    Mr. Whicher, County Administrator, said that Senator Seward has been able to maintain some funding for the County and that he has also assisted in maintaining the State-Wide Network (SWN) funding as well.  Mr. Whicher anticipates receiving a Memorandum of Understanding from SWN shortly regarding the upcoming communications project.

Report from the County Attorney

    Mr. Wood, County Attorney, spoke of the $165,000 owed to the County by US Air.  US Air is in the middle of a bankruptcy proceeding and these funds are listed as part of that action.  Communications have been ongoing with US Air and the bankruptcy documentation is being reviewed in order to determine what portion of the funds due can be received.  He does not feel optimistic that we will be able to receive any significant portion of the monies owed and said it is indicative of the present economy. 
    Mr. Wood then reported that several Board Members have inquired what are the options for County taxation in a variety of areas, i.e. tobacco, income tax, alcohol, etc.  He said the answer to almost all inquiries is no as the State is the taxing authority and the County does not have authority unless this is passed down from the State.
    Ms. Kiefer asked whether Mr. Wood has had an opportunity to review the USA Patriot Act.  Mr. Wood said he has been reviewing it and is aware that some municipalities including the City of Ithaca have passed resolutions regarding it.  He said it is very long and complicated and he would like to provide a summary for the Board in order to have a clear understanding of the Act prior to any proposed legislation.

Report from the Finance Director

    Mr. Squires, Finance Director, said he had just read in the Wall Street Journal that the President intends to shift Medicaid burden to the State level.  He then reported that the County had a 1.6 million dollar increase in Medicaid costs over budget during 2002, with the County share approximately $900,000.  He said that the 1.6 million dollars is representative of a twenty percent increase in Medicaid costs.  Mr. Squires will continue to report on final figures as they are compiled, saying that it is doubtful that the sales tax revenues will adequately offset the increased costs.

Additions to the Agenda
 
    No resolutions were added to the agenda.

Withdrawal of Resolution(s) from the Agenda

    No resolutions were withdrawn from the agenda.

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda

    Appointment(s)

    It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Public Information Advisory Board
Rere S. Hassett - At Large - term to expire December 31, 2004
Duane Chapman - At Large - term to expire December 31, 2004
Charles W. Broadhead - At Large - term to expire December 31, 2004
Russell N. Maracle - At Large - term to expire December 31, 2004

Water Resources Council
Douglas T. McEver - Municipal Government Representative - term to expire December 31, 2003

Environmental Management Council
Steve Nicholson - Chair - term to expire December 31, 2003

    Resolution(s):

RESOLUTION NO. 11 - AMENDING RESOLUTION NO. 25 OF 2002 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTAGE TAX

    It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, under the Consent Agenda.

    WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive all their necessary expenses for purposes of administering mortgage taxes in their offices on approval and allowance by the State Tax Commission, and
    WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine that such mortgage tax expenses be approved at the amount certified to the State Tax Commission by the County Board of Representatives provided it is a reasonable and necessary allowance for such expenses, and
    WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the allowance for mortgage tax expenses be increased from $67,610 per annum to $104,548 per annum, now therefore be it
    RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the sum of $104,548 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and assistants and other expenses to assist in the administration of the mortgage recording tax law in her office, and that said sum of $104,548 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses,
    RESOLVED, further, That the Clerk of the Board of Representatives is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission,
    RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 12 - BUDGET ADJUSTMENT – ASSESSMENT DEPARTMENT

     It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, under the Consent Agenda.

    RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance be directed to make the following budget adjustment on his books:

GOVERNMENT OPERATIONS  COMMITTEE

Assessment (#1)
Revenue Acct              Title                Amt        Approp Acct    Title(s)    __________
1355  51000              Salaries              $15,000        1431  51000    Salaries   

Explanation:  Assessment Department is funding two Project Assistants for short term re-evaluation project.
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Report from the Public Safety Committee

    Ms. Blanchard, Chair, said that the Committee will meet on Thursday, February 6, 2003, at 2:00 p.m. in the Old Jail Conference Room.

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

    Mr. Booth, Chair, said the Committee met on February 5, 2003.  He spoke of receiving figures for ice and snow removal expenses expended due to the extreme weather and indicated that they will be addressed in future budgetary considerations.  Also information provided in the form of a letter from the County Attorney relative to the Beach Road Bridge in Newfield was reviewed and endorsed.  Mr. Booth said that goals are being reviewed as well.

RESOLUTION NO. 13  - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - MCLEAN-CORTLAND ROAD RECONSTRUCTION - PHASE I

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

    WHEREAS, a Project for the CR105, McLean-Cortland Road Reconstruction, P.I.N. 375241, in the Town of Groton, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at a ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
    WHEREAS, Resolution No. 164 of 1997 and Resolution No. 33 of 2002 approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I - VI) and Right-of-Way Incidentals, and
    WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non-Federal share of the costs of Construction, Construction Inspection and Supervision, and
    WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, now therefore be it
    RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County Board of Representatives hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Construction, Construction Inspection and Supervision work for the subject Project or portions thereof,
    RESOLVED, further, That the sum of $650,000 is hereby made available within account HZ5103.59239.53.02, McLean Road Capital Project Account, to cover the cost of participation in the Construction phase of the Project,
    RESOLVED, further, That in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Tompkins County Board of Representatives shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof,
    RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of the Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
    RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
    RESOLVED, further, That this resolution shall take effect immediately.
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RESOLUTION NO. 14 - AUTHORIZING AN AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES IN CONNECTION WITH DEMOLITION OF THE OLD TERMINAL BUILDING - ITHACA TOMPKINS  REGIONAL AIRPORT

    MOVED by Mr. Booth, seconded by Mr. Winch.  Mr. Penniman asked whether this proposal was the least costly way to demolish the building or whether it might be less costly to have Taughannock Aviation Corporation (TAC) be responsible.  Mr. Booth said the Committee did have this discussion as well and that the cost will exceed the total amount of obligation TAC is committed to.  A voice vote resulted as follows:  Ayes - 15, Noes - 0.  RESOLUTION ADOPTED.

    WHEREAS, Taughannock Aviation Corporation (TAC) is desirous of having the Old Terminal Building removed to make room for Phase II and Phase III of their facility expansion, and
    WHEREAS, the County's lease agreement with TAC provides for demolition costs of the Old Terminal Building to be shared between the County and TAC, with the maximum exposure to TAC being $70,000, and
    WHEREAS, it is necessary for the demolition and asbestos abatement to be publicly bid requiring detailed bid documents to ensure the project meets all local, State, and Federal regulations, and
    WHEREAS, C&S Engineers, Inc., have suitably qualified environmental engineers with expertise in demolition and have proposed the design, preparation and contract documents and assistance with evaluation of the bids for a total fee not to exceed $9,212, now therefore be it
    RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That an agreement with C&S Engineers, Inc., for $9,212 be and hereby is approved and that the County Administrator is authorized to execute the appropriate documents,
    RESOLVED, further, That the cost of this engineering contract be part of the Airport's operational budget.
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Report from the Consumer and Community Affairs Committee

    Ms. Kiefer, Chair, said that the first meeting was held on January 30, 2003.  This was an introductory meeting for this new Committee, with participants being the County Clerk, Weights and Measures, Board of Elections, Cooperative Extension, Tompkins County Public Library, Dewitt Historical Society, and the County Historian.  The next meeting will let the Committee become acquainted with Tompkins Community Action, Finger Lakes Library System, and the Rural Libraries.  Ms. Kiefer shared information on a book produced by the County Historian entitled, The Architectural Heritage of Tompkins County, which was recently published.  The book provides a pictorial view of the varied architectural designs that can be found throughout the County and is available at the Dewitt Historical Society.  The next meeting will be on February 19, 2003 at 2:30 p.m., the newly set time for meetings throughout the year, and will include a discussion an exploration of the Utilities assignment given to the Committee and goal setting.

Report and Presentation of Resolution(s) from the Government Operations Committee

    Mr. Koplinka-Loehr, Chair, said a brief meeting was held on January 24, 2003.  He reported that there will be a slight change in the operations of the Affirmative Action Committee this year, that the Affirmative Action Plan will utilize the Diversity Consortium to meet this plan.  A special projects team of County staff will assist in meeting any requirements not covered within the Consortium.  The Assessment Department reported to the Committee on the work recently completed resulting in 16,000 notices being sent out and he commended them for their efforts.  Administration reported to the Committee that Mrs. Smithers will continue at this time in a part-time capacity and that there will still be a job search for an Administrative Services Coordinator.

RESOLUTION NO. 15 - AMENDMENT TO RESOLUTIONS NOS. 326 AND 330 OF 2002 - AUTHORIZATION FOR SALARY INCREASES - PSYCHIATRISTS AND MEDICAL DIRECTOR - MENTAL HEALTH

    MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard.  Ms. Kiefer said that it should be noted that although the professionals currently within these positions were not adverse to the original resolution, their clients felt that they deserved the increase.  Ms. Kiefer said that with the potential shortfalls facing the County she is hesitant to vote on a greater increase.  Ms. Schuler said that the information relating to client discontent about their doctor's salaries was not discussed at the Mental Health Board.  Mr. Proto said that the doctors were not adverse to the initial resolution and that constituents did request the Board keep costs to a minimum.  Mr. Proto feels that he cannot support the resolution at this time.  Ms. Herrera said she is in agreement with Mr. Proto.  She said the above grade increases she had previously voted against, were due to the high salary range and that it is important to recognize that we are in hard times and that the increase is a substantial amount. 
    Mr. Koplinka-Loehr, said that this may be a matter of policy, rather than a financial question.  He explained that the reason it is above range is due to the market for certain positions.  Mr. Koplinka-Loehr said that several years ago the Government Operations Committee reviewed the process of positions that fall into the above-range category and determined that they should be reviewed independently and annually from other contracted and white-collar positions.  Mr. Koplinka-Loehr said the issue resurfaced to review whether the previous resolution provided a fair increase to employees in these positions and to discuss the possibility of consideration of a cost-of-living increase opposed to providing percentage increases parallel to contracted increases. 
    Mr. Totman said he feels to approve the resolution would not be the right thing to do when taking into consideration the numerous cuts in programs and departments because of the budget constraints.  He will not support the resolution.
    Mr. Lane said that the County Charter states that one area to be considered by the County is retention of employees.  He spoke of the Commissioner of Personnel and Mental Health Commissioner reporting to the Committee the difficulties that resulted as a result of locating and retaining qualified personnel in these positions.   Mr. Lane also said that these positions do produce revenue to the County through the services they provide.
    Ms. Robertson said that following discussions with the Mental Health Commissioner she would now support the resolution.  She spoke of the need of the clients for continuity and believes that it is important to retain the employees.  She also noted that these positions are self-supporting through fees and reimbursements, and do not require funding from taxpayers. 
    Mr. Joseph said the issue of treating everybody fairly was raised and that the definition of putting particular salaries outside the County salary scale is to treat them unfairly in their favor.  Having done that he believes that treating fair in the sense of same treatment that other employees receive is off the table as well as the rationale for the proposed 4.5 percent increase.  He feels the relevant factor is that they are off the scale due to the market and it should be the issue.  Mr. Joseph believes that the appropriate method is to increase them at the rate of inflation.
    Ms. Herrera said that it is important to recognize that State revenue is also money supplied from the residents and businesses in our area.
    Mr. Koplinka-Loehr said that although there were no employees saying they would leave a comment had been made that if they left and came back to the County it would require hiring them at $40,000 more than they presently make.  He said that it would not be wise to provide a scenario where this could occur.
    Mr. Todd said he was skeptical at the beginning of the discussion and said he feels that supporting the resolution is the proper thing to do given the market rate.
    A roll call vote was taken and resulted as follows:  Ayes -  7 (Representatives Blanchard, Booth,  Koplinka-Loehr, Lane, Penniman, Robertson, and Todd); Noes -  7 (Representatives Herrera, Joseph,  Kiefer, Proto, Schuler, Totman, and Winch); Excused - 1 (Representative McBean). RESOLUTION FAILED.

    WHEREAS, Board Resolution No. 326 of 2002, established the salary increase for Medical Director - Mental Health to be the average of the Consumer Price Index for the previous full three years (1999 - 2002), namely 2.77 percent, an increase of $3,913.60, from $141,285 in 2002 to $145,199 in 2003, and
    WHEREAS, Board Resolution No. 330 of 2002, established salary increases for Psychiatrists to be the average of the Consumer Price Index for the previous full three years (1999 - 2002), namely 2.77 percent, an increase of $3,612.55, from $130,417 in 2002 to $134,029 in 2003 for a 35.0 hour week, and
    WHEREAS, it was reported that the last recruitment ads for Psychiatrist positions were in the $180,000 to $190,000 range, and
    WHEREAS, these mental health positions of Medical Director and Psychiatrist are well above the Tompkins County Salary Schedule and any increase is therefore to be decided each year by the Board of Representatives, which was done most recently on December 17, 2002, and
    WHEREAS, the Government Operations Committee has re-evaluated this decision and has determined that, in order to be competitive, the salary increases for these two titles should be congruent with the salary increases of other County employees who receive annual contractual increases and fall under the terms of the White Collar contract, which provides for a 4.25 percent increase for 2003; however if a specific salary is above grade range then as described in Board Resolution No. 332 of 2002, the increase shall be 3.1875 percent, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Medical Director - Mental Health and the Psychiatrists shall be granted a salary increase for the year 2003 of 4.25 percent, effective January 1, 2003,
    RESOLVED, further, That when the positions become vacant, the Board will review both the salary and annual percentage rate of increase.
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 Report from the Planning, Development, and Environmental Quality Committee

    Mr. Lane, Chair, said the first meeting will take place February 5, 2003, at 2:00 p.m. in the Old Jail Conference Room.

Report from the Budget and Capital Committee

    Mr. Penniman, Chair, deferred to Mr. Booth, Vice Chair, for the report.  Mr. Penniman said the issue of salaries will be an area taken under review within the Budget and Capital Committee goals for the year.
    Mr. Booth reported that Mr. Squires provided the information that the Medicaid costs were not as high as initially anticipated.  Also discussed were the results of the survey given to staff regarding the 2002 budget process.  The County Administrator will work on combining all surveys regarding the budget into one document to be provided for review.  There was also a lengthy discussion and suggestions made regarding Project Approval Request forms and the committee began a discussion of 2003 Committee Goals.

Report and Appointment from the Health and Human Services Committee

    Ms. Robertson, Chair, reported the Committee had an organizational meeting on January 29, 2003, and will meet again February 5, 2003 at 11:30 a.m.  The Committee will hold the second meeting of the month on the third Thursday of each month from 9:00 - 11:00 a.m.  At the meeting liaison roles were discussed and assignments made.  Ms. Robertson will be meeting with Department Heads and has met already with Ms. Cole, Public Health Director.  A meeting was held on Friday, January 31, 2003, with members of Cooperative Extension and the Health Department to discuss the Neighbor Notification Law for Pesticide Use.  She said decisions were made regarding responsibilities in the implementation of this Law.  On February 25, 2003 a meeting will be held for commercial applicators to receive more information on the requirements of the law.  Subsequent meetings will be held to educate other members of the public. 

    The meeting with Ms. Cole, Public Health Department Director, provided a general timeline for receipt and deployment of smallpox vaccines.  In Tompkins County this has been delayed till March.  There are twenty Health Department staff and eighty Cayuga Medical Center staff eligible for the vaccination.  Phase 2 will include law enforcement and emergency responders.  By 2004, the general public will be part of the program.

Appointment

    MOVED by Mr. Booth, seconded by Mr. Penniman.  Mr. Proto indicated that the purpose for removing the appointment from the consent agenda was in order to clarify the dates of expiration and length of term.  A brief discussion occurred describing that this is an appointment for the full six years designated by the Board of Health's bylaws; however, if the designated individual is no longer an elected official they would be replaced.  Also determined was the fact that if a member chose to resign for any reason a replacement would be appointed.  Mr. Winch respectfully resigned from the position at this time, leaving the position vacant, which is what Mrs. Schuler had done the year before, believing it appropriate for the Board of Representatives seat to be filled by the Health and Human Services Committee Chair.  Next, a discussion was held asking whether the appointment could be modified to be concurrent with the length of the elected term.  It was determined that it would require a change of bylaws to make the change.  A voice vote resulted as follows:  Ayes - 15, Noes - 0.   MOTION TO APPOINT CARRIED.

Board of Health
Martha Robertson - Board Representative - term to expire December 31, 2007

Report from the Charter Review Committee

    Mr. Lane, Chair, said there will be a meeting on Thursday, February 13, 2003, during which time it is hoped to adopt the resolution for the Local Law with a draft being made available.

Report from the Communications Capital Projects Committee

    Mr. Penniman, Vice Chair, said a report on the bid opening for the Public Safety Communications Building was presented to the Committee, with 36 bids in the four categories of the project.  They appear to be very competitive and may come in below the targeted figures.  A special meeting will take place on February 18, 2003, to review and possibly award the bid for the project.  The Committee received a project timeline that provided information relevant to the various stages of the construction.  A discussion on the State-Wide Network bid process provided information that the bids have been opened and it appears that there are two companies, M-Acomm and Motorola, as the potential vendor.  It will take some time for the selection process to take place due to the complexity of the project. 
    Mr. Penniman said that Mr. Shurtleff, Director of Emergency Response, provided a report of the paging system and difficulties resulting during the recent weather-related emergency.  It was determined that in addition to the severe weather received the age of the system contributed to the difficulties.  These problems should be eliminated with the new equipment.
    The Department of Transportation relocation project was discussed and a potential parcel was found to be mutually agreeable to the parties.  At this time the owner will be approached to seek an option for purchase.
    Mr. Whicher said that the paging system report provided by Mr. Shurtleff indicated that the housing for the generators was identified as needing immediate attention to prevent loss of services in the future.

Report from the Space Needs and Location Committee

    Mr. Proto, Chair, said the Committee will meet on Wednesday, February 12, 2003. 

Report from the Tax Policy Committee

    Mr. Joseph, Chair, said the Committee will meet on Wednesday, February 12, 2003.

Approval of Minutes of January 21, 2003

    It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote, by members present to approve the minutes of January 21, 2003.  MINUTES APPROVED.

Announcement

    Ms. Kiefer reported that a Public Reception to recognize Mr. Paul Bonaparte-Krogh, Director of Cooperative Extension, who is resigning from his position, will be held on Wednesday, February 12, 2003, from 3:30 p.m. until 5:30 p.m. at the Cooperative Extension building.

Adjournment

    On motion the meeting adjourned at 8:00 p.m.