Mr. 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:  13 Representatives.  Excused - 2 (Representatives McBean and Winch).

Presentation of Distinguished Youth Award

 Representative Lane thanked Representative Proto for following through on putting together the criteria for this new program.  He introduced Nancy Fey of the Dryden Sertoma Club.  Ms. Fey highlighted both community and academic activities the Dryden Serteens, a group of more than 60 teens, have been involved in in the Dryden community and Tompkins County area.  She demonstrated these youth are active in the their community and are involved in sports and other extracurricular activities while maintaining a focus on academics.  Mr. Lane presented the Dryden Serteens with the first "Distinguished Youth Award" for February, 2003 and thanked them for their contributions to the community.

Privilege of the Floor by the Public

 Michael P. Mancuso, Groton resident, spoke in opposition to the possible war against IRAQ.  He spoke of the many negative effects of the war and said he views this as being parallel to the Vietnam war.

 Fay Gougakis, City of Ithaca, spoke in regard to jet skis on Cayuga Lake.  She said she is very concerned about the manner in which this issue is being handled by Common Council.  She does not feel strong enough discussions are being held about this and would like to see the City take leadership on this issue.

Privilege of the Floor by Board Members

 Mrs. Schuler, District No. 4 Representative, conveyed condolences to the family of Sean Killeen, a former Common Council Member.  Mrs. Schuler said Sean Killeen was a two-term Common Council Member, Acting Mayor, a member of the Ithaca Police Board, RSVP Board, Mutual Housing Board, Collegetown Neighborhood Council, and was an International Elections Inspector.  She said he was a tenacious and tireless worker for causes he felt strongly about.  At this time a moment of silence was observed in his memory.

 Mr. Proto, District No. 7 Representative, thanked Mr. Lane for selecting an exemplary group to receive the first Distinguished Youth Award.    He said the next District to select a recipient for the award will be District No. 15 which is represented by Mr. Penniman.

 Mr. Koplinka-Loehr, District No. 11 Representative, announced tomorrow a representative of the Fiscal Policy Institute will be at the Beverly Livesay Conference Room in the Human Services Building from 4 p.m. to 5 p.m. to provide a report on the proposed New York State budget.

 Ms. Robertson, District No. 13 Representative, thanked Mr. Mancuso for addressing the Board on the impending war with IRAQ.  She also congratulated the many people who traveled to New York City and who demonstrated in Ithaca in opposition to the war.   She urged people who feel strongly about these current events to contact the White House at 202-456-1111 to express an opinion about the President's plan.  She also provided web site contact information for individuals wishing to contact their senators or assemblypersons.

 Mr. Lane, District No. 14, reported on an article that recently appeared in the Ithaca Journal about an industry from North Carolina moving to Cortland.   He said 90 jobs will be locating to the former Smith Corona facility and will be manufacturing wood products.   Mr. Lane pointed out that Cortland County's Economic Development Zone encouraged this movement.  He said Tompkins County is surrounded by other counties that have advantages of Economic Development Zones and Tompkins County is at a major disadvantage because of this.

Chair's Report

 Mr. Joseph reported on a meeting he attended yesterday with Senator Michael Nozzolio who now represents the Lansing area.     Mr. Joseph said although Lansing is the only Tompkins County area in the Senator's district, Senator Nozzolio considers ours to be a county that he represents and will be paying attention and ready to help.

 Mr. Joseph said during the meeting they discussed the State budget in addition to talking about State mandates and Medicaid.  Mr. Joseph said he relayed an opinion to the Senator about what he feels is a cause of the problem.  He blamed the system having one level of government making decisions about things and another responsible for funding them, for example, when the State dictates how things have to be run and the counties have to pay for it.  He said they also discussed the importance of putting the control where the funding is.  Mr. Joseph said although he does think there should be some general standards established, he thinks this is a good principle that should be violated only with good reason.   He stated at the end of the meeting, the Senator indicated he found the discussion useful and asked for particular proposals of areas where changes could be made.  Mr. Joseph asked that Board members and department heads give serious consideration to this and to present recommendations as soon as possible.

 Mr. Joseph said Senator Nozzolio informed him that he is also the Chair of the Crime and Corrections Committee which led into a discussion about the County's relationship with the Commission of Corrections.  Mr. Nozzolio said he believes the County should have the right to make decisions about jail expansion and alternative-to-incarceration programs, and that the Commission should have to prove the County is wrong rather than the County having to prove its case to the Commission.  Mr. Joseph said this was a very interesting exchange of information and he looks forward to continuing this at another time.

Report from the County Administrator

 Mr. Whicher announced the official resignation of Kathryn Smithers, Deputy County Administrator, effective at the end of 2003.  He said Mrs. Smithers will continue to assist the Board through one more budget process.  He announced Jackie Thomas will be the person Mrs. Smithers will be mentoring in the next nine months.   Mr. Whicher also referred to a list of Administrative liaisons to County Board committees, and reported Ed Marx, Commissioner of Planning, has begun taking over responsibilities for a few program committees.  He said he will be appointing Mr. Marx as the next Deputy County Administrator.

Report from the County Attorney

 Mr. Wilson, Assistant County Attorney, had no report.

Report from the Finance Director

 Mr. Squires reported he has been receiving a lot of phone calls from merchants because they are confused about the status of the sales tax on clothing.  Mr. Squires feels this is likely because the State has not updated their website or forms which indicate the County is removing its clothing exemption on items under $110.  He announced effective March 1st there will be a County sales tax of four percent applied on all clothing items.

 Mr. Squires stated a resolution is being added to the agenda this evening for the purpose of refunding 1995 bond issues.  He said he is going to market on March 5 for some bond anticipation notes and the sale of the Foodnet issue.   Mr. Squires stated in the course of putting together the paperwork for this, the County's consultants advised that the County should refund its 1995 bond issues, the first ones that had a call provision.  .    The actual savings by doing this is $780,000, about $70,000 per year.  He said it is important that this be done now because interest rates are at an all-time low; therefore, he has prepared a resolution and will request that it be added to the agenda.

 Mr. Squires  reported he received a letter from the State Comptroller advising that retirement contribution rates are going to increase dramatically.  He said the County paid 1.5 percent of salary in 2002 and can anticipate over 11 percent in 2003.   Mr. Squires said under rates estimated based upon the current stock-market valuations the County is facing a bill of $3.6 million; this represents a 700 percent increase.

Resolution(s) Added to the Agenda

 On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda:

 Authorization to Amend Contract for Architectural and Construction Administrative Services for the 911 Consolidated Dispatch Center

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

 On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were approved under the Consent Agenda:

RESOLUTION NO. 16 - BUDGET ADJUSTMENT – VARIOUS DEPARTMENTS

  MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 RESOLVED, on recommendation of the Health and Human Services, and Planning, Development and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustment on his books:

PLANNING, DEVELOPMENT, AND ENVIRONMENTAL QUALITY COMMITTEE
Planning (#5)
Revenue Acct           Title       Amt  Approp Acct Title(s) ---------__________
CD8688  44959           Federal Funds            $  54,559            CD8688  54400 Program Expense
CD8688  44959           Federal Funds            $600,000            CD8688  54400 Program Expense
Explanation:  Bring remaining HO 5 funds into the 2003 budget.  Set up HO 6 Grant funds.
HEALTH AND HUMAN SERVICES COMMITTEE
Office for the Aging (#6)
Revenue Acct           Title            Amt  Approp Acct Title(s) ---------__________
6773  42797  Other Local Govt. Contribution     $7,692 6773  51000215 Salary
6773  42798  Other Local Govt. Contribution     $   300 6773  54330    Printing
6773  42799  Other Local Govt. Contribution     $   113 6773  54414    Local Mileage
6773  42800  Other Local Govt. Contribution     $   200 6773  54452    Postage
6773  42801  Other Local Govt. Contribution     $   150 6773  54472    Telephone
6773  42802  Other Local Govt. Contribution     $2,045 6773  58000 Fringes
Explanation:  Reappropriation of unused Local Government Contributions to be used in 2003 from Cornell Caregivers Account.
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RESOLUTION NO.  17- AUDIT OF FINAL PAYMENT TO BOULEY ASSOCIATES, INC. - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Bouley Associates, Inc., have completed their construction contract of the Aircraft Rescue Fire Fighting  (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives:

Vendor        Payment Requested   Account No.  Amount__
Bouley Associates, Inc.  9 (and Final)   HT.5601.59239  $56,324.00

 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239.
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RESOLUTION NO. 18 - AUDIT OF FINAL PAYMENT RICHARDSON BROTHERS ELECTRICAL CONTRACTORS, INC. - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Richardson Brothers Electrical Contractors, Inc., have completed their construction contract of the Aircraft Rescue Fire Fighting  (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives:

Vendor        Payment Requested   Account No.  Amount__
Richardson Brothers  7 (and Final)   HT.5601.59239  $21,336.12
Electrical Contractors, Inc.

 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239.
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RESOLUTION NO. 19 - AUDIT OF FINAL PAYMENT TO AIRTECH HEATING AND AIR CONDITIONING SYSTEMS - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Airtech Heating and Air Conditioning Systems have completed their construction contract of the Aircraft Rescue Fire Fighting  (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives:

Vendor        Payment Requested   Account No.  Amount__
Airtech Heating and  5 (and Final)   HT.5601.59239  $4,335.00
Air Conditioning Systems
 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239.
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RESOLUTION NO. 20 - INCREASE IN HOURS - PSYCHIATRIST POSITION - MENTAL HEALTH DEPARTMENT

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Tompkins County has a need for additional psychiatric hours to treat the mentally disabled, and
 WHEREAS, the 2003 budget funds the additional psychiatric hours so that no new monies are required, and
 WHEREAS, Gerald Lippert, MD is desirous of increasing hours from 35.0 to 40.0 hours per week, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the position of psychiatrist occupied by Gerald Lippert, MD be increased from 35.0 to 40.0 hours per week effective March 2, 2003.
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RESOLUTION NO. 21 - DECREASE IN HOURS - MENTAL HEALTH FORENSIC COUNSELOR POSITIONS

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Mental health services provided to the drug treatment courts and the Community Justice Center can be accomplished by two forensic counselors within a standard 35.0 hour work week, and
 WHEREAS, the 2003 approved budget funds two forensic counselors for the drug treatment courts and Community Justice Center at 35.0 hour work weeks, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the positions of Forensic Counselor (16-675) currently occupied by Jason Stark and Henrietta Calderazzo be reduced from 40.0 to 35.0 hours per week, effective January 1, 2003.
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RESOLUTION NO. 22 - AUTHORIZATION FOR MEMBERSHIP – NATIONAL WIC ASSOCIATION - HEALTH DEPARTMENT

 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

WHEREAS, the Tompkins County Health Department operates the WIC Program, and
WHEREAS, membership in the National WIC Association provides the Department with up-to-date legislation, funding and policy information, nutrition facts, studies and a monthly Nutrition link, discounted conference fee registrations and unique workshops for WIC staff, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County Health Department is authorized to join the National WIC Association,
RESOLVED, further, That the Director of Finance is authorized to make the following transfer on his books:

FROM:   4012.54462  Insurance   $50
TO:  4012.54416  Memberships/Dues  $50
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Appointment(s)

 On motion and duly seconded and unanimously adopted by voice vote by members present, the following appointment(s) were approved under the Consent Agenda:

Environmental Management Council
John V. Dennis - Village of Lansing Representative - term to expire December 31, 2004
Byron E. Unsworth - Town of Ithaca Representative- term to expire December 31, 2004

Fish and Wildlife Management Board
Gregory Johnson - Property Owner Representative - term to expire December 31, 2004

Criminal Justice Advisory/Alternatives to Incarceration Board
Louise Miller, At-Large Representative - term to expire December 31, 2005
Nancy Zahler, At-Large Representative - term to expire December 31, 2005

Family Court Advisory Council
Stuart Grinnell - Mental Health Representative - term to expire December 31, 2005

Tompkins County Youth Board
Earl Westbrook - Village of Lansing Representative - term to expire December 31, 2003
Sloan Sheridan-Thomas - Village of Freeville Representative - term to expire December 31, 2005

Greater Ithaca Activities Center
Kathy Luz Herrera - term to expire December 31, 2003

Traffic Safety Board
Barbara Blanchard - Member Public Safety Committee - term to expire December 31, 2003
George Totman - Member Public Safety Committee - term to expire December 31, 2005
Kathy Luz Herrera - Member Public Safety Committee - term to expire December 31, 2004
Leslyn McBean - Member Public Safety Committee -term to expire December 31, 2004
Martha Robertson - Member Public Safety Committee - term to expire December 31, 2005

Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

 Mr. Lane, Chairman, reported the Committee met on February 5 and heard from Tompkins County Area Development on some of the activities they are working on, including coming together with other counties in New York State that do not have empire zones.  One reason this is being pursued is so that counties can present the New York State Legislature with an argument that counties without these zones are being unfairly discriminated against by not having the opportunities as other counties with them.   Mr. Lane said the Committee also heard about IDA projects, including a request from Advion, which if approved, will provide bonding and tax incentives that will allow that company to grow from approximately 100 to 150 employees over a two-year period.  Mr. Lane said the Committee continued to discuss issues such as snowmobile signage and Ed Marx's new role and said a draft Comprehensive Plan is expected by the end of 2003.

RESOLUTION NO. 23 -  SEEKING EXPANSION OF EMPIRE ZONES TO ALL COUNTIES

 MOVED by Mr. Lane, seconded by Ms. Blanchard.  Mr. Todd said he has reservations about empire zones as far as Tompkins County is concerned.  He feels there are many more jobs available in Tompkins County than there are people to fill them.  He said there is a steady stream of people traveling into Tompkins County for employment here.  He said the Tompkins County unemployment rate is at a steady 2.5 percent and this appears to be at the lowest level it can possibly be.  He said he cannot support this because he doesn't believe it is necessary.

 Mrs. Schuler stated although the unemployment rate for Tompkins County is 2.5 percent, this does not represent a true picture because of the way it is figured.

 Mr. Lane respectfully disagreed with Mr. Todd.  He said the empire development zone program which brings State money into counties to help pay for tax abatements, job credits to employers, and State grants for expansion of facilities, is something that is lacking in Tompkins County.  He said the IDA has heard for a long time that local employers are being solicited by adjoining counties with better offers because of having Empire Development Zones.

 Ms. Robertson said it is true that Tompkins County does not look as needy as other counties; however, there is a lot of room for growth.  She feels there is a large underemployment problem in this County because often there are cases where college graduates are doing jobs high-school graduates are qualified for, leaving no jobs for those high-school graduates.   Ms. Robertson said there is a strong need for quality jobs so that people will want to remain in this area.

 Ms. Kiefer said since Tompkins County is one of only a few counties that do not have an Empire Zone it makes sense to move forward with this, but she has one question.  She said when the IDA provides tax incentives there is an understanding that the business being encouraged will create a certain number of jobs within a period of time.  She said when the business does not manage to accomplish what it has said it will do, there is a provision that allows for some type of recourse to recapture monies and she asked whether Empire Zones would also include any type of recapture provision.  Mr. Lane asked Ms. Armstrong to address this question.

 Ms. Armstrong of Tompkins County Area Development said there is no local recapture policy because this is entirely a State program and she does not know if there is such a state policy. She said some of these types of policies could be put into effect if the burden of the Empire Zone starts to become shared by the local municipality.

 Mr. Booth said although the issue of the real property tax burden is real, he believes on balance these designated zones make sense and he will support this.

 Mr. Penniman said he believes it is important that Tompkins County be competitive with other counties and Tompkins County is seeing issues of companies moving.  He also addressed the issue of people commuting to Tompkins County for employment.  He said while there are a large number of commuters, he believes it is more of a positive thing than negative because the businesses are adding to the property tax base and the commuters are spending money which adds to the sales tax base.

 Mr. Totman said the towns and villages that are in these zones need a bigger tax base.  He said if the County can keep what it has and also bring new business in, property taxes will not need to be raised at the levels they have been.  He believes this is very important to Tompkins County and will support this resolution.

 Mr. Proto thanked Jean McPheeters, President of the Chamber of Commerce, Martha Armstrong of TCAD, and Representatives Blanchard and Lane for attempting to answer many of the questions he has raised during the last few weeks.    Mr. Proto said he does not want to delay this resolution; however, he would like to receive answers to the remaining questions he posed.  Mr. Lane said those answers are in progress and he should be receiving them soon.  Mr. Lane said it is important that Tompkins County act now, along with the other counties.

 Mr. Joseph said in the past he has been concerned about giving a "free ride" to some local businesses who have put weight on the local taxpayers and has felt that tax breaks shouldn't be given out unless there is a public service gained.  Mr. Joseph said he does not have any doubt that it makes sense to be a regional job center where people from other communities commute to work.  He said there are many people within this community who don't have good jobs and that it is desirable to encourage businesses to create jobs so that people can have good jobs with decent pay.    Mr. Joseph said he also does not doubt that when almost every other county in the State has a tool for economic development that Tompkins County should also have it.

 Ms. Blanchard reminded the Board that four years ago the County spent a great deal of time and money on developing an economic development strategy that was based on the development of quality jobs that provide benefits. She said Tompkins County now has the opportunity to have an impact on regulatory changes that would make the zoning program better and if the County wants to have an impact on this it needs to take action to show its interest in having an Empire Zone.  She noted there is strong support for this among local municipalities.   A voice vote on the resolution resulted as follows:  Ayes - 12, Noes - 1 (Representative Todd); Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

WHEREAS, the Empire Zones program has become one of New York State’s most highly successful economic development initiatives, resulting in billions of dollars in new private sector investment, and the creation of thousands of new jobs throughout the State, and
WHEREAS, the success of the Empire Zones program led Site Selection magazine to report that New York State now ranks third in the nation in attracting new and expanded corporate facilities, and
WHEREAS, seventy-two Zones have been designated statewide, offering substantial state tax incentives, reduced utility rates and programmatic preferences to companies located, or seeking to locate, within an Empire Zone, and
WHEREAS, Tompkins County is only one of eleven of New York’s sixty-two counties that do not currently have an Empire Zone, and
WHEREAS, these counties are unable to match the State financed incentives that communities with an Empire Zone can provide to stimulate job creation and retention, and
WHEREAS, this places those counties without an Empire Zone at a distinct disadvantage in attempting to encourage new corporate location or expansion decisions, and
WHEREAS, by simple economic necessity those eleven counties have now joined together to address this inequity, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Board of Representatives urges Governor Pataki and the New York State Legislature to amend the Empire Zones program to allow for the designation of at least one Empire Zone in each of New York’s 62 counties, and
RESOLVED, further, That copies of this resolution be sent to Governor George Pataki, President Pro-Tem of the New York State Senate Joseph Bruno, Speaker of the Assembly Sheldon Silver, Senator James L. Seward, Senator John R. Kuhl, Assemblyperson Barbara Lifton, New York State Association of Counties, and Commissioner of Empire State Development Charles Gargano.
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Report from the Facilities and Infrastructure Committee

 Mr. Booth, Chairman, reported the Committee met last week and heard an annual report on the solar panels at the Tompkins County Public Library.   He said the solar panels have produced a direct savings in the amount of $14,000 during 2002; a copy of the detailed report is on file in the Board Office.   The Committee will meet next on February 25th.

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting.  The next meeting will be February 19th at 2:30 p.m.

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

 Mr. Koplinka-Loehr, Chairman, reported the Committee met last week and many of the items acted on at that meeting are reflected on the agenda.   Mr. Koplinka-Loehr said the Assessment Department is undergoing a very stressful time as there have been requests for 800 appeals.  He reported Mr. Whicher has offered a staff person from the Administration Department to the Assessment Department for the next few months to assist with updating a computer project.  Mr. Koplinka-Loehr reported the Public Information Coordinator informed the Committee that the County's website will be updated very soon.  He noted the return rate for senior citizen exemption requests is lower than in previous years.

 Mr. Penniman requested that the Assessment Department provide the Board with a presentation on reassessment and appeal activity going on in that Department.    Mr. Koplinka-Loehr said he would make arrangements with the Clerk of the Board for a presentation to be held.

RESOLUTION NO. 24 - RESOLUTION TO AMEND AND RESTATE THE MODEL PLAN FOR A DEFERRED COMPENSATION PROGRAM FOR THE COUNTY OF TOMPKINS – PERSONNEL DEPARTMENT

  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.

 WHEREAS, the New York State Deferred Compensation Board (the “Board”), pursuant to Section 5 of the New York State Finance Law (“Section 5”) and the Regulations of the New York State Deferred Compensation Board (the “Regulations”), has promulgated the Model Deferred Compensation Plan for Employees of Tompkins County (the “Model Plan”) and offers the Model Plan for adoption by local employers, and
 WHEREAS, Tompkins County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Tompkins County by Board Resolution No. 136, dated June 18, 2002, and
 WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions relating to regulations pertaining to Section 457 and Section 401(a)(9) of the Internal Revenue Code, technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) as they apply to the Model Plan and to adopt modifications that update certain administrative provisions, and
 WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and
 WHEREAS, upon due deliberation, Tompkins County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the County of Tompkins by adopting the amended and restated Model Plan, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County hereby amends the Deferred Compensation Plan for Employees of the County of Tompkins by adopting the amended and restated Model Plan dated January 1, 2003.
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RESOLUTION NO. 25 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.

 It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to remove from the policy the provision that allows to bid in repurchase agreements.  A voice vote on the amendment resulted as follows:  Ayes - 4 (Representatives Kiefer, Lane, Todd, and Totman); Noes - 9; Excused - 2 (Representatives McBean and Winch).  MOTION FAILED.

 A voice vote on the original motion resulted as follows:  Ayes - 11; Noes - 2 (Representatives Lane and Totman); Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

 WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and
 WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and
 WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Cash Management and Investment Policy dated January 2003, is hereby adopted.
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Report and Presentation of Resolution(s) from the Budget and Capital Committee

 Mr. Penniman, Chairman, reported the Committee met on February 11 and continued discussion about the budget process.  The Committee did not take any action to change the process; however, discussion continues on the role of program committees and way to make that review more effective.  The Committee heard a preliminary report from David Squires about the retirement contribution issue and a preliminary report on the County's Fund Balance situation.  Mr. Penniman said it appears the Fund Balance situation is worse than originally assumed.   It appears the savings by departments and extra revenues that were received last year have been offset by additional costs.  This means some of those departmental savings would be eligible as rollover during the upcoming budget process and it is not clear there will be sufficient funds to honor those requests without raising taxes.  The Committee will receive a more definitive report on this in coming weeks as well as revised projections.    Mr. Penniman said the Committee discussed County Clerk Fees and how they should be handled within the budget.  The discussion related to whether these should be considered dedicated revenues or revenues placed in the General Fund to be distributed anywhere within the budget.   The County Clerk fees were illustration to the Committee; the general issue of County fees, which will continue to be discussed.

RESOLUTION NO. 26 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT)

 MOVED by Mr. Penniman, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.

 WHEREAS, the Tompkins Consolidated Area Transit (TCAT) was formed under a partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective January 1, 1999, and
WHEREAS, this similar process worked well in 2002, and
WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and
 WHEREAS, after the completion of two years of operations, it has become apparent that the timing of State Aid payments severely impacts the cash position of TCAT and impairs TCAT’s ability to reimburse the City of Ithaca and Cornell University for transit operating expenses in excess of their annual contractual obligation under the TCAT partnership, and
WHEREAS, in order to address the unequal burdens of the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated 2nd, 3rd, and 4th quarter State Transit Operating Assistance (STOA) payments anticipated within the 2003 Adopted Budget in advance of their receipt, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from Budget Account 5630.54404 Transportation Services 2003 Appropriations supported by STOA payments in advance of their receipt in an amount not to exceed $2,000,000,
  RESOLVED, further, That the County will recover the loss of investment income from the advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the average monthly investment applied against the average monthly balance of advanced STOA payments,
RESOLVED, further, That the County will retain all future STOA payments until such time as the advance has been fully liquidated or reauthorized by the Tompkins Board of Representatives.
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RESOLUTION NO. 27 - A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO BE DESIGNATED "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE
REFUNDED THEREBY

 MOVED by Mr. Penniman, seconded by Mr. Booth.  A roll call vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

WHEREAS, the County of Tompkins, New York (the "County") heretofore issued an aggregate principal amount of $4,115,000 Public Improvement (Serial) Bonds, 1995, Series A, pursuant to various bond resolutions, as amended, for various objects or purposes, all as set forth and described in Exhibit A-1 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated August 29, 1995 (the "Series A Refunded Bonds Bond Certificate"), such $4,115,000 Public Improvement (Serial) Bonds, 1995, Series A, being dated September 7, 1995 and maturing, or matured, in the amount of $185,000 on August 15, 1996, $200,000 on August 15, 1997, $210,000 on August 15, 1998, $220,000 on August 15, 1999, $230,000 on August 15, 2000, $240,000 on August 15, 2001, $250,000 on August 15, 2002, $270,000 on August 15, 2003, $280,000 on August 15, 2004, $300,000 on August 15, 2005, $310,000 on August 15, 2006, $330,000 on August 15, 2007, $350,000 on August 15, 2008, $360,000 on August 15, 2009, and $380,000 on August 15, 2010,  as more fully described in the Series A Refunded Bonds Bond Certificate (the "Series A Refunded Bonds"), and
WHEREAS, it would be in the public interest to refund the $2,580,000 outstanding principal balance of the Series A Refunded Bonds maturing on August 15, 2003, and thereafter, by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law, and
WHEREAS, the County heretofore issued an aggregate principal amount of $9,770,000 Public Improvement (Serial) Bonds, 1995, Series B, pursuant to various bond resolutions, as amended, for various objects or purposes, all as set forth and described in Exhibit A-2 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated August 29, 1995 (the "Series B Refunded Bonds Bond Certificate"), such $9,770,000 Public Improvement (Serial) Bonds, 1995, Series B, being dated September 7, 1995, and maturing, or matured, in the amount of $280,000 on September 15, 1995, $295,000 on September 15, 1996, $310,000 on September 15, 1997, $330,000 on September 15, 1998, $345,000 on September 15, 1999, $365,000 on September 15, 2000, 385,000 on September 15, 2001, $405,000 on September 15, 2002, $430,000 on September 15, 2003, $455,000 on September 15, 2004, $480,000 on September 15, 2005, $505,000 on September 15, 2006, $530,000 on September 15, 2007, $560,000 on September 15, 2008, $590,000 on September 15, 2009, $625,000 on September 15, 2010, $660,000 on September 15, 2011, $700,000 on September 15, 2012, $740,000 on September 15, 2013, and $780,000 on September 15, 2014, as more fully described in the Series B Refunded Bonds Bond Certificate (the "Series B Refunded Bonds" and, together with the Series A Refunded Bonds, the “Refunded Bonds”), and
WHEREAS, it would be in the public interest to refund the $7,055,000 outstanding principal balance of the Series B Refunded Bonds maturing on September 15, 2003, and thereafter, by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law, now therefore be it
RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows:
Section 1. For the object or purpose of refunding the aggregate $9,635,000 outstanding principal balance of the Refunded Bonds, or a portion thereof, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the Refunding Bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the Refunding Bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract, as hereinafter defined, and fees and charges of the escrow holder, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the Refunding Bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $10,600,000 refunding serial bonds of the County pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $10,365,000, as provided in Section 7 hereof.  The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND", including the year, and a series designation if appropriate, shall be dated March 15, 2003, or such other date as shall hereafter be determined by the County Finance Director pursuant to Section 7 hereof, shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity, shall be numbered with the  prefix "R" followed by a dash and the last two digits of the year followed by a dash and then from 1 upward and shall mature annually on August 15 in each of the years 2003 through 2014, both inclusive, and shall bear interest payable on August 15, 2003, and semi-annually thereafter February 15, and August 15, or such other dates, at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the County Finance Director.  It is hereby further determined that such Refunding Bonds may be issued in series.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the County Finance Director shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law.  If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the County Finance Director.  Notice of such call for redemption shall be given by mailing such notice to the registered owners not more than sixty (60) nor less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856.  Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date.
Section 3. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America.
The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form.  In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC.  In the event that either DTC shall discontinue the Book-Entry-Only system or the County shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof not exceeding the principal amount of each respective maturity.  In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only System.  Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent.
In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the County Finance Director providing for the details of the Refunding Bonds.  Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, or, at the office of the Clerk of the Board of Representatives, as shall hereafter be designated by the County Finance Director as fiscal agent of the County for the Refunding Bonds (collectively the "Fiscal Agent").
Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount.
The County Finance Director, as chief fiscal officer of the County, is hereby authorized to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having a bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form.
Section 4. The County Finance Director is hereby further delegated all powers of this Board of Representatives with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto.
Section 5. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Finance Director, and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Clerk of the Board of Representatives.  In the event of facsimile signature by the County Finance Director and Clerk of the Board of Representatives, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of a bank or trust company acting in the capacity of the Fiscal Agent.  The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals,  in addition to those required by Section 51.00 of the Local Finance Law, as the County Finance Director shall determine.  It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent.
Section 6. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law;
(b) the maximum period of probable usefulness permitted by law at the time of the issuance
 of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is as shown upon Exhibits A-1 and A-2;
(c) the last installment of the Refunding Bonds, as allocated to each of the objects or purposes for which the Refunded Bonds were issued, will mature not later than the expiration of the period of probable usefulness of each of the respective objects or purposes for which the Refunded Bonds were issued in accordance with the provisions of subdivision 1 of  paragraph c of Section 90.10 of the Local Finance Law; and
(d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 7 hereof.
Section 7. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and made a part of this resolution.  The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the principal amount of $10,365,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit B.  This Board of Representatives recognizes that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B.  The County Finance Director is hereby  authorized and directed to determine the amount of the Refunding Bonds to be issued, the date of such bonds and the date of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, if any, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds, and all powers in connection therewith are hereby delegated to the County Finance Director; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law.  The County Finance Director shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the Board of Representatives not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided.
Section 8. The County Finance Director is hereby authorized and directed to enter into an escrow contract (the "Escrow Contract") with a bank or trust company located and authorized to do business in this State as he shall designate (the "Escrow  Holder") for the purpose of having the Escrow Holder act, in connection with the Refunded Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law.
Section 9. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property in the County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 10. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds.  Accrued interest, if any, on the Refunding Bonds shall be paid to the County Finance Director to be expended to pay interest on the Refunding Bonds on the first interest payment date thereof.  Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest  earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder.  Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act.  Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof.
Section 11. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause any of the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1988, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder as then in effect.
Section 12. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, the County hereby elects to call in and redeem on August 15, 2003, all callable Series A Refunded Bonds maturing on and after August 15, 2004.  The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium of 2%, as provided in the Series A Refunded Bonds Bond Certificate, and the accrued interest to such redemption date.  The Escrow Agent for the Series A Refunded Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Series A Refunded Bonds Bond Certificate.  Such notice of redemption shall be in substantially the form attached to the Escrow Contract.  Upon the issuance of the Refunding Bonds refunding the Series A Refunded Bonds, the election to call in and redeem the callable Series A Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.
Section 13. In accordance with the provisions of  Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, the County hereby elects to call in and redeem on September 15, 2003, all callable Series B Refunded Bonds maturing on and after September 15, 2004.  The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium of 2%, as provided in the Series B Refunded Bonds Bond Certificate, and the accrued interest to such redemption date.  The Escrow Agent for the Series B Refunded Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Series B Refunded Bonds Bond Certificate.  Such notice of redemption shall be in substantially the form attached to the Escrow Contract.  Upon the issuance of the Refunding Bonds refunding the Series B Refunded Bonds, the election to call in and redeem the callable Series B Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.
Section 14. The Refunding Bonds shall be sold at private sale to Roosevelt & Cross, Inc. (the "Underwriter") for a purchase price to be determined by the County Finance Director, plus accrued interest, if any, from the date of the Refunding Bonds to the date of the delivery of and payment for the Refunding Bonds.  Subject to the approval of the terms and conditions of such sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the County Finance Director is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter.  After the Refunding Bonds have been duly executed, they shall be delivered by the County Finance Director to the Underwriter in accordance with said purchase contract upon the receipt by the County of said purchase price, including accrued interest.
Section 15. The County Finance Director and the Clerk of the Board of Representatives and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby.
Section 16. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Finance Director and all powers in connection thereof are hereby delegated to the County Finance Director.
Section 17. The validity of the Refunding Bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 18. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said County, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION:  TYPE II-20

 A copy of the Exhibits as referenced in Resolution No. 27 are on file in the Clerk of the Board's Office.

RESOLUTION NO. 28 - FISCAL TARGET ADJUSTMENTS FOR 2004 – EARLY RETIREMENTS APPROVED FOR 2002 – ALL DEPARTMENTS

 MOVED by Mr. Penniman, seconded by Mrs. Schuler.  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Representative Booth); Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

WHEREAS, Resolution Nos. 209, 211, 222, 234, 250, 251, 280, 292, 293, 297, and 320 of 2002 authorized Early Retirements for the following individuals:

Bob Hillick (Personnel)
Sharon Haas (Health Department)
John Beach (STOP-DWI)
Judy Tynyk (Weights & Measures)
Lynn Leopold (Solid Waste)
Mary Pat Dolan (Social Services)
Ann Rider (Social Services)
Joan Brock (Social Services)
Mary Barnes (Social Services)
Michel Kelly (Social Services)
Bill Chapp (Social Services)
Patricia Stamm (Health Department)
Harold Herman (Probation)
Shary Zifchock (Elections)
Carol Boles (Elections)
Ellen Brazauskas (Health Department)
Sue Robinson (Probation)

, and
WHEREAS, departmental savings and in the case of the Board of Elections and Probation Department countywide savings in personnel expenses will compensate for the required annual savings of $362,952 each year for two years, and
WHEREAS, the cost of the Early Retirement Incentive will be paid on or about December 15, 2003 from the Fringe Pool for approximately $535,592, and
WHEREAS, pursuant to the County’s policy on the Early Retirement Incentive Plan, a reduction in Fiscal Targets and/or departmental savings equal to 20 percent of the State Minimum is due to the General Fund, the Solid Waste Fund, and the STOP-DWI Fund, and
WHEREAS, the Solid Waste Fund and the STOP-DWI fund will be compensated through a reduction in spending, and
WHEREAS, the General Fund Savings will be accomplished through a reduction in the 2004 Fiscal Target, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, Public Safety, Public Works, and Budget and Capital Committees, That the following Target adjustments be made for Fiscal Year 2004:
Personnel      $1,540
Public Health        8,078
Weights and Measures       1,225
Social Services      11,800
Probation        5,624
Board of Elections       6,218
     TOTAL           $34,485
SEQR ACTION:  TYPE II-20_____________________________________________

RESOLUTION NO. 29 -  BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT – OFFENDER AID AND RESTORATION, COMMUNITY DISPUTE RESOLUTION CENTER AND HUMAN SERVICES COALITION

 MOVED by Mr. Penniman, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present.

 WHEREAS, the Criminal Justice agencies known as Offender Aid and Restoration and Community Dispute Resolution Center are currently assigned as part of the Human Services Coalition review process, and
WHEREAS, the Coalition agencies report to the Health and Human Services Committee with the exception of two that continue to report directly to the Public Safety Committee:  Offender Aid and Restoration and Community Dispute Resolution Center, now therefore be it
 RESOLVED, on recommendation of the Public Safety, Health and Human Services, and Budget and Capital Committees, That effective immediately, the following Budgeting Units will be re-assigned to the Public Safety Committee and be removed from the Basic Subsistence Program,
RESOLVED, further, That Community Dispute Resolution Center will no longer be included in the Human Services Coalition review process,
RESOLVED, further, That 2004 Fiscal Targets be amended as follows:

TRANSFER FROM:
Health and Human Services - Basic Subsistence Program:
Offender Aid and Restoration (OAR) – BU#2500 (A6305.54400) = $62,175
Offender Aid and Restoration (OAR) – Bail Fund – BU#2500 (A6316.54400) = $59,786
Community Dispute Resolution Center (CDRC) – BU#2500 (A6313.54400) = $40,080

TRANSFER TO:
 Public Safety:
 Alternative to Incarceration Agencies:
 Offender Aid and Restoration – Core Services A6315.54400 – BU#4506 $62,175
 Offender Aid and Restoration – Bail Fund A6316.54400 – BU#4509 $59,786
 Community Dispute Resolution Center (CDRC)  A6313.54400 – BU#4504 $40,080
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 30 -  BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET  ADJUSTMENT – CELEBRATIONS, COMMUNITY ARTS  PARTNERSHIP AND DEWITT HISTORICAL SOCIETY

 MOVED by Mr. Penniman, seconded by Mr. Booth.  It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to amend the third Resolved to read:  "Resolved, further, That the Community Arts Partnership, will become Program #0210 (A7560) with a Fiscal Target of zero dollars and will be absorbed into the Tourism Promotion Program #3100 (A6475),".  Ms. Kiefer said the reason she would like to see this is because it took a very long to time to get the Community Arts Partnership running at a level that was acceptable to her and she would like it to remain in the County's budget with a distinct identity.  Mr. Penniman said there are a number of agencies that have contracts with the County and doesn't feel this action is necessary.

 A voice vote on the amendment resulted as follows:  Ayes - 6 (Representatives Booth, Herrera, Kiefer, Koplinka-Loehr, Robertson, and Schuler); Noes - 6 (Representatives Blanchard, Joseph, Lane, Penniman, Todd, and Totman); Temporarily Out of the Room - 1 (Representative Proto); Excused - 2 (Representatives McBean and Winch).  MOTION FAILED.

 A voice vote on the original motion resulted as follows:  Ayes - 12; Noes - 1 (Representative Kiefer); Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Dewitt Historical Society, Celebrations, and Community Arts Partnership have been three programs within one budgeting unit, and
WHEREAS, the 2003 committee structure has been modified requiring the three programs to report to two different program committees, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality, and Budget and Capital Committees, That effective immediately, the Budgeting Unit known as Cultural Enrichment shall be eliminated,
RESOLVED, further, That the Dewitt Historical Society will become Program #0200 with its own Fiscal Target for 2004,
RESOLVED, further, That the Community Arts Partnership, Program #0210 (A7560) will be absorbed into the Tourism Promotion Program #3100 (A6475) with a Fiscal Target of zero dollars,
RESOLVED, further, That Celebrations will become Program #0205 with its own Fiscal Target for 2004,
RESOLVED, further, That 2004 Fiscal Targets be amended as follows:
TRANSFER FROM:
2002 Committee (Economic and Workforce Development)
Cultural Enrichment       $78,399
TRANSFER TO:
Planning, Development and Environmental Quality:
Celebrations BU#0205 (A7550) Local Share     $ 1,226
 Consumer and Community Affairs:
Dewitt Historical Society BU#0200 (A7510) Local Share    $77,173
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 31 - AMENDMENT OF RESOLUTION NO. 1 OF 2003 - AUTHORIZING APPLICATION FOR NEW YORK STATE DEDICATED TRANSIT FUNDING FOR TOMPKINS CONSOLIDATED AREA TRANSIT IN STATE FISCAL YEAR 2002/2003

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

 WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $669,000 for State Fiscal Year 2002/2003 to purchase buses and improve transit facilities in Tompkins County, and
 WHEREAS, the Tompkins Consolidated Area Transit (TCAT) Board of Directors desire to revise its request to Tompkins County (County Resolution No. 1 of 2003, January 7, 2003) to apply for $669,000 in State Dedicated funds on its behalf and to plan and make public improvements to Tompkins Consolidated Area Transit public transportation system, and
 WHEREAS, the revised $669,000 State Dedicated Transportation Fund grant will reimburse one hundred percent of the cost of proposed projects as follows:

Purchase and install up to (12) bus passenger shelters    $  57,000
Rehabilitate and Renovate TCAT Administration/Operations Facility  $310,000
 TCAT City Center Project:  A/E design, Project Schedule, Cost Analysis,  $130,000
   Environmental Review, Project Management Plan, and Technology Integration
 Purchase ADP Hardware/Software      $  47,000
 Purchase TCAT Facility Sweeper/Cleaner     $  38,000
 Purchase TCAT Journey Planning Software     $  54,000
 Purchase TCAT Bus Stop Signs       $    5,000
 Purchase Fuel and Fluids Inventory Management System    $  28,000
 TOTAL         $669,000

, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives authorizes the application for $669,000 in State Fiscal Year 2002/2003 State Dedicated Transportation Funds to the New York State Department of Transportation for the above listed projects,
 RESOLVED, further, That Tompkins Consolidated Area Transit will be reimbursed one hundred percent by New York State Department of Transportation funds, which are received by Tompkins County and passed through to Tompkins Consolidated Area Transit,
 RESOLVED, further, That Tompkins County will accept these State funds through a supplemental contract agreement with the New York State Department of Transportation after New York State Department of Transportation's approval of the grant application.
SEQR ACTION:  TYPE II-20

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on February 6 and received an overview from the New York State Association of Counties of what the Governor's proposed budget means for the Medicaid program.   The Committee also met with the Executive Director of the SPCA to discuss proposals; the Committee directed the SPCA and the Health Department to work together to refine details for Plan A.  She said Plan A is a proposal to bundle the services the SPCA provides to the County, including the feral cat program, animal cruelty, and rabies contract, into one contract at a cost of $36,000 per year.  This would be a three-year contract with the amount to be increased by the CPI over the second and third year.  This amount is a net increase of $10,000 above the amount appropriated in the 2003 budget.
 Ms. Robertson reported on small pox costs for phase one of the vaccination program and said the approximate cost was $63,000.  There is no reimbursement from federal sources for phase one or two of the program; however, it may be possible to put it through the County's bioterrorism grant.    She also reported the Committee spent time with the Youth Services Department talking about issues for 2003; the major issue will likely be the relationship between the County and municipalities.   Ms. Robertson said a meeting was held with the City, town and County representatives to discuss the facilities issues and those meetings will continue.    She distributed a tentative calendar for the Committee which highlights topics the Committee will be discussing throughout the year.   The next meeting will be February 20th.

Report and Presentation of Resolution(s) from the Public Safety Committee

 Ms. Blanchard, Chair, reported  the Committee held its organizational meeting on February 6.    At that meeting the Committee learned from the Assigned Counsel Program that the Governor's Budget includes an increase in Assigned Counsel rates to $75/hour for felonies and $60/hour for misdemeanors.  The Program Coordinator told the Committee it is unclear what this means to Tompkins County; however, she expects a dramatic increase in the local cost of that program.   Ms. Blanchard said the Committee also heard from the Probation Director on the new administration of the Community Justice Center and was introduced to Patricia Buechel, Senior Probation Officer, who is charged with oversight of that operation.  Ms. Blanchard presented the Committee with a draft list of goals, which were discussed and commented on.  That document will be revised and presented for continued discussion at the first meeting in March.    The Committee will meet on February 20th with representatives of Jacobs Facilities for the purpose of identifying the contents of the Scope of Work so that can move forward.   She asked members to read through material included in agenda packets prior to that meeting and be prepared with questions and comments.

RESOLUTION NO. 32 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AT THE PROBATION DEPARTMENT

MOVED by Ms. Blanchard, seconded by Ms. Herrera.  A short roll call vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Probation Department has had two employees who were on compensation and unable to perform their duties, and
 WHEREAS, the Fiscal Policy of Tompkins County allows reimbursement from the Contingent Fund for replacement pay for employees who have been out longer than two months, now therefore be it
 RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance appropriate a total of $8,153 for replacement pay for the period of January 1, 2002 through December 31, 2002,
 RESOLVED, further, That the money be distributed to the following accounts:
FROM:   A1990.54440          Contingent Fund $8,153
TO: Alternatives to A3141.51000597    Regular Pay  $4,601
 Incarceration A3141.58800          Fringes  $1,196
 ATI  A3162.51000597    Regular Pay  $1,870
   A3162.58800          Fringes  $   486
SEQR ACTION: TYPE II-20

RESOLUTION NO. 33 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE PROBATION DEPARTMENT

 MOVED by Ms. Blanchard, seconded by Ms. Herrera.  A short roll call vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Probation Department had two employees, Harold Herman and Sue Robinson, retire effective December 31, 2002 at a cost of $23,588, for terminal pay, and
 WHEREAS, the Probation Department had the employment of three employees terminated, Beth Stanton effective July 12, 2002, Daryl Avery, and Becky Richmond, effective December 31, 2002 at a cost of $8,523, for terminal pay, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance appropriate a total of $32,111 for terminal pay for Harold Herman, Sue Robinson, Beth Stanton, Daryl Avery, and Becky Richmond,
 RESOLVED, further, That the money be distributed to the following accounts:

FROM:  A1990.54440 Contingent Fund $32,111
TO: ATI A3160.51000756 Regular Pay $     519 (Avery)
  A3160.51000191 Regular Pay $  3,106 (Richmond)
   A3160.58800 Fringes $     979 (27% of above)
 Criminal Justice  A3991.51000185 Regular Pay $  7,958 (Robinson)
 Planning  A3991.58800 Fringes $  2,149 (27% of above)
 Probation Intake/ A3142.51000585 Regular Pay $10,615 (Herman)
 Investigation  A3142.51000520 Regular Pay $  2,488 (Stanton)
   A3142.58800 Fringes $  3,513(27% for Herman)
             (26% for Stanton)
 Alternatives to  A3141.51000520 Regular Pay $    622 (Stanton)
 Incarceration A3141.58800 Fringes $    162 (26% of above)
SEQR ACTION: TYPE II-20

Report and Presentation of Resolution(s) from the Tax Policy Committee

 Mr. Joseph, Chairman, reported the Committee met last week with a number of guests from various constituencies, including the Chamber of Commerce, school boards, town boards, unions, and others.  There was an extensive discussion of the excess burden that is being placed on property taxes and a beginning of an exchange of ideas on how to deal with that.  He said those in attendance expressed an interest in continuing to meet as well as discussion of whether this group should become a coalition rather than a committee.  He said in order to form a coalition, groups would need to participate rather than individuals; therefore, they agreed to be a group of citizens who have share  concerns.  Mr. Joseph said they agreed to focus on the burden that is being placed on the property tax in general, and not just the costs of Medicaid, and will continue discussions at the next meeting on February 26, 2003.   Mr. Joseph said postcards have been produced that request the State to place a cap on Medicaid; he urged all Board members to distribute these cards to the public.

RESOLUTION NO. 34 - RELATIVE TO THE PROPOSED STATE AND LOCAL PARTNERSHIP FOR MEDICAID REFORM AND CALLING
UPON THE GOVERNOR AND STATE LEGISLATURE TO CAP COUNTIES' SHARE OF MEDICAID

 MOVED by Mr. Proto, seconded by Mr. Lane.  Mr. Booth said he enthusiastically supports this and will vote in favor of it with the understanding that the big issue remains of whether the State deals with Medicaid in conjunction with a lot of other issues.  He agrees that the larger issue is the pressure on the local real property tax.  A voice vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch).  RESOLUTION ADOPTED.
 WHEREAS, since the enactment of the Medicaid program, counties in New York State have been required to share in the costs of service; Counties are mandated by the state to contribute a twenty-five percent matching share with the exception of certain long-term care and mental health services, and
 WHEREAS, counties have minimal authority to manage, control, or reduce their Medicaid costs, and therefore serve primarily as a means to transfer a portion of the State’s share of Medicaid from the statewide tax base to local property tax bases, and
 WHEREAS, in 2001 local taxpayers paid over $4.3 billion in net Medicaid costs through their local budgets and it is estimated that the net Medicaid local share will increase to $4.8 billion for 2002, and exceed $5.4 billion in 2003, and
 WHEREAS, for counties outside New York City, the Medicaid local share has doubled between 1990 – 2001, making Medicaid the largest and most volatile single expense in county budgets, and
 WHEREAS, recent actions by the State, including shifting of Medicaid managed care costs to counties, the shifting of mental health costs to counties, the expansion of various Medicaid payment rates, the creation of the Family Health Plus Program and expanded funding for healthcare worker recruitment and retention, have compounded the local Medicaid problem and added to the fiscal crisis currently facing counties, and
 WHEREAS, the resurgence of Medicaid growth reflects the underlying problems and funding inequities of the Medicaid program that place unique burdens on counties, jeopardize the long-term fiscal stability of county governments, and add to the burden of regressive local property taxes, and
 WHEREAS, it is imperative that the Governor and State Legislature take responsibility for the growth of New York State’s program by capping the Medicaid local share at 2001 base levels, and
 WHEREAS, this cap would provide local governments significant budgetary relief, and
 WHEREAS, the Chemung County Executive has initiated a group called Southern Tier Organization to Reform Medicaid ("STORM"), and
 WHEREAS, at the first meeting of "STORM", a concept for State and Local partnership for Medicaid Reform was introduced and accepted by the organization, and
 WHEREAS, officials from Chemung, Steuben, Schuyler, Tompkins, and Tioga Counties were in attendance at the initial meeting, and
 WHEREAS, the partnership proposal calls for an immediate cap on counties' share of Medicaid at the 2003 actual cost and a ten (10)-year takeover of the cost by reducing the local share ten percent per year for ten (10) years thereafter, and
 WHEREAS, beginning in 2004, the State would retain an amount of the counties' sales tax equal to the amount of each county's capped Medicaid local share, however, commencing in 2005 that amount would be reduced ten percent per year until the local share is eliminated in 2014, and
 WHEREAS, the general concept is one that provides immediate limits to counties' financial exposure to future Medicaid cost increases, and
 WHEREAS, the concept also provides the State with a temporary revenue stream to fund the program while the ten (10)-year phased takeover is implemented, and
 WHEREAS, this will provide strong incentives for the State to reform the program in order to control costs, now therefore be it
 RESOLVED, on recommendation of the Tax Policy Committee, That the Tompkins County Board of Representatives calls upon the Governor and the State Legislature to provide real property taxpayers with relief by CAPPING COUNTIES' SHARE OF MEDICAID NOW at the 2001 base level,
 RESOLVED, further, That the Tompkins County Board of Representatives calls upon the Governor and the State Legislature to begin a gradual transfer of all Medicaid costs from County Budget to State Budget,
 RESOLVED, further, That copies of this proposal and certified copies of this resolution be forwarded to Governor George Pataki, Assembly Speaker Sheldon Silver, Majority Leader Joseph Bruno, Senator John R. Kuhl, Jr., Senator James Seward, Senator Michael Nozzolio, and Assemblyperson Barbara Lifton, and certified copies of this resolution only, be forwarded to the STORM member counties.
SEQR ACTION:  TYPE II-20

PROPOSED STATE AND LOCAL PARTNERSHIP FOR MEDICAID REFORM (Attachment to Resolution No. 34 of 2003)

CONCEPT: 1)  "Cap" county Medicaid "Local Share" for 2004 at the actual 2003 level and
      then reduce the local share by 10 percent per year for ten (10) years thereafter.

2) Beginning in 2004, the state would retain an amount of county sales tax equal to the amount of each county's "capped" Medicaid Local Share.  Those county's whose sales tax revenue is insufficient to cover the entire cost to their local share would be required to remit the difference to the state or to authorize the state to intercept other revenues due the county.

3) For the ten (10) year period beginning in 2005 and continuing annually until 2014 the state would reduce the amount of county sales tax and other revenue it retains by 10 percent of the original amount.

BENEFITS: 1)   Immediately limits the financial exposure of the counties.
2) Provides the state with a temporary revenue stream.
3) Creates a strong incentive for the state to reform the program.
4) Gradually eliminates the Medicaid Local Share.
5) Permits counties to retain sales tax revenue growth to be applied to hold down local real property tax levies.

Report and Presentation of Resolution(s) from the Communications Capital Projects Committee

 Ms. Blanchard, Chair, reported the Committee will meet on February 26, 2003 at 2:30 p.m.  She said the Committee met today and approved the resolutions that award construction contracts for the Public Safety Communications Center and construction management services.

RESOLUTION NO. 35 - TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN REGARD TO THE ADOPTION OF RESOLUTION NO. 36 (TOMPKINS COUNTY PUBLIC SAFETY COMMUNICATIONS CENTER)

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

WHEREAS, pursuant to the State Environmental Quality Review Act, a short environmental assessment form was completed to review potential environmental impacts, and
WHEREAS, the adoption of Resolution No. 36 is an unlisted action for which coordinated review is not required, now therefore be it
RESOLVED, on recommendation of the Communications Capital Projects Committee, That the adoption of Resolution No. 36 will result in no significant environmental impacts,
RESOLVED, further, That the basis of this decision is set forth in the declaration of non-significance entitled Schedule A, dated February 14, 2003.
SEQR ACTION: Unlisted
(Short EAF form on file in the Clerk's office)

RESOLUTION NO. 36 - AWARD OF BID - TOMPKINS COUNTY PUBLIC SAFETY        COMMUNICATION CENTER - CAPITAL PROJECT

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

  WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Public Safety Communication Center, and
  WHEREAS,  thirty six (36) bids were received for four (4) contracts bid and publicly opened and read on January 29, 2003, now therefore be it
 RESOLVED, on recommendation of the Communications Capital Projects Committee, That the bids be awarded to the lowest responsible bidders, as follows:

 General Construction Contract  Edger Enterprises, Inc.           $946,100
  (Plus Alternate GC-1 Plantings)  Elmira Heights, NY
  Electrical Contract   R.G. Burns Electric    $551,000
       Stanley, NY
  Mechanical Contract   Airtech Heating and A/C Systems, Inc. $414,500
       Liverpool, NY
  Plumbing Contract   Postler & Jaeckle                                    $197,700
       Horseheads, NY
         TOTAL                                                                           $2,109,300

  RESOLVED, further, That the County Administrator is hereby authorized to enter into contracts with the successful contractors and to execute change orders of up to five (5) percent of the contract total,
  RESOLVED, further, That the Division of Facilities be authorized to implement this bid on behalf of the County, funds being available in Capital Account No. HI3420-59239.
SEQR ACTION:  Unlisted
(Short EAF on file in Clerk's Office)

  Ms. Kiefer asked what is meant in the final Resolved by having the Director of Facilities implement the project; would they act as construction manager?  Mr. Squires said Facilities would just be the project manager.

RESOLUTION NO. 37 – AUTHORIZATION TO AMEND CONTRACT FOR ARCHITECTURAL AND CONSTRUCTION ADMINISTRATIVE
    SERVICES FOR THE PUBLIC SAFETY COMMUNICATIONS CENTER (CONSOLIDATED 911 CENTER)

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

 WHEREAS, Resolution No. 86 of 2002 authorized the completion of schematic designs by Egner Architectural Associates’ for the public safety communications center (consolidated 911 center) on Airport property for $37,500, and
 WHEREAS, Resolution No. 120 of 2002, approved Egner Architectural Associates’ design and authorized the execution of a contract for design services through the award of construction bids for $173,000, and
 WHEREAS, Architectural services and construction management services are necessary throughout the construction period, and
 WHEREAS, a project field representative or owner’s representative, is also necessary throughout the construction period, now therefore be it
  RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator is authorized to amend the contract with Egner Architectural Associates’ for an amount not to exceed $155,000,
RESOLVED, further, That the amendment amount includes $60,000 for architectural services, $15,000 for weekly meetings with architect, $5,000 for reimbursable expenses, and $75,000 for a project field representative to provide on-site construction management services; said services will be provided through construction of the Public Safety Communication Center, construction of the tower that will serve the center, and installation of the electrical equipment in the center,
  RESOLVED, further, That the County Administrator is hereby authorized to execute change orders of up to five (5) percent of the contract amendment total,
  RESOLVED, further, That the Division of Facilities be authorized to implement this contract on behalf of the County, funds being available in Capital Account No. HI3420-59239.
SEQR ACTION:  TYPE II-20

Report from the Charter Review Committee

  Mr. Lane, Chairman, reported the Committee held its final meeting.  A draft copy of the Charter  will be circulated to the Board followed by a resolution calling a public hearing in March.

Report form the Space Needs and Location Committee

  Mr. Proto, Chairman, reported the Committee met on February 13th and spent time bringing new Committee members up-to-date on items being worked on, including a review of the Facilities Analysis.  Mr. Proto said the Committee met in executive session to discuss an option agreement on property under current discussions.  He said this will come before the Board following a report from the County Attorney.   The next meeting will be March 12.

Approval of Minutes of February 4, 2003

  It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of the February 4, 2003 meeting.  MINUTES APPROVED.

Adjournment

  On motion the meeting adjourned at 7:43 p.m.