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:  14 Representatives.  Excused - 1 (Representative Proto).

Presentation of Proclamation(s)

 Mr. Joseph presented a proclamation declaring March 17-21, 2003 to be Agriculture Week in Tompkins County and March 21, 2003 to be Agriculture Day in Tompkins County, to Russ DeMond, Chair of the Tompkins County Agriculture and Farmland Protection Board.

Privilege of the Floor by the Public

 Fay Gougakis, City of Ithaca, spoke concerning the impending war with Iraq.  Ms. Gougakis expressed deep frustration and appealed to the Board to assist the public in obtaining emergency preparation information in anticipation of the conflict.  Ms. Gougakis said she expressed this concern to Common Council at a recent meeting and was informed she should listen to the radio.  She said this response was unsatisfactory to her and asked that the County lead an effort on public information about this and to listen to citizens' concerns.   She wants to know how to be prepared and what to do.

 Alan Cohen, City of Ithaca Mayor, spoke to the Board in support of two resolutions on the agenda that authorize bonding of IDA (Industrial Development Agency) projects.   Mr. Cohen said the City is excited these projects are moving forward, and stated it has already invested $1.3 million into the Cayuga Green project.  He stated the construction of the parking garage is critically important to the other project and the health of downtown Ithaca.  He said this parking garage will not solve all of the City's parking problems, but he hopes the City will be in a better financial situation in the future to allow them to renovate and expand the Green Street parking garage. He said there are many questions and concerns that have been expressed and hopes many have been answered and they will continue to provide answers.  Mr. Cohen said these projects are the result of efforts both the City and County have made in public investments that help to stimulate interest in the private sector to look at downtown.   Mr. Cohen said he appreciates the County's cooperation and looks forward to continued support by all parties on endeavors such as these.

 Monika Roth, Agriculture Leader for Cooperative Extension of Tompkins County, thanked the Board for recognizing agriculture and its contributions to the community.  She distributed copies of an Agri-facts brochure to the Board.  Ms. Roth also reported on results of a survey of the agriculture community.  She said two-thirds of the agriculture community responded to the survey and expressed taxes as one of their top concerns because they own a large parcels of property and bear a great burden when property taxes go up.  Ms. Roth said the Agricultural and Farmland Protection Board is looking at initiatives locally, such as an exemption from fire taxes that may make a difference in communities where fire commissioners have not voted to extend this to agriculture lands.

 Wendy Skinner, Public Information Coordinator, responded to the comments made by Ms. Gougakis.  Ms. Skinner informed Ms. Gougakis that the radio is a good resource by which residents can obtain information and suggested having a battery-operated radio.  She said if emergency information has to be distributed to the public, radio would be the best method to relay that information.   Ms. Gougakis was dissatisfied with the information provided.

 Mr. Joseph stated Privilege of the Floor is not a time for a debate between members of the public and County staff or Board members.   Ms. Gougakis was angered that she had not received answers to her concerns and departed the meeting.

Privilege of the Floor by Board Members

 Mr. Joseph, District No. 12 Representative, made the following statement:

 "Last night I watched on television as our President declared war in violation of the Constitution, the Charter of the United Nations, and every principle of international law.  I am incredibly distressed and disturbed that our national leaders seem to have drawn precisely the wrong lesson from the events of September 11th.  What I think they should have learned is that the massacre of several thousands of innocent people in order to achieve your political goals is a crime beyond measure that should be prevented and avoided at all costs, rather than copied and emulated.

 "When the attack comes, I will watch in shock and awe and horror as thousands upon thousands of innocent people die in my name.  Each time I open a Board meeting I lead you in pledging allegiance to this Flag.  To me that Flag stands for freedom, for justice, for compassion, and for protection of the innocent.  It does not stand for conquest, empire and the wanton slaughter of thousands of innocent people."

 Mr. Koplinka-Loehr, District No. 10 Representative, made the following statement:

 "On March 7 we had a guest to our community, the grandson of Mohandas K. Gandhi whose name was Arun Gandhi.  I would like to tell a brief story from that visit and then draw a conclusion that I am making from that.

 "Arun, when he was 6, went to live on the Ashram that Mohandas was on, and had a friend that was also sick and who had a tendency to eat lots and lots of sugar and sweets and would apparently get lots of rashes because of this.   The parents were very, very discouraged.  They tried medical intervention and non-traditional interventions and still the rashes would come.  The parents didn't take all of the sweets out of the house, but they couldn't quite keep the young boy from taking the sweets and he kept having the rash.

 "Finally, in exasperation they came to Mohandas and asked what they could do and how could they get this young boy to stop eating sweets.  Mohandas said come back in 15 days and I will give you an answer.  The parents didn't quite know why he had that stipulation but they went away and came back in 15 days.   He then took the boy aside and whispered for less than one minute into his ear and from that moment on the boy did not eat any sweets.

 "The parents were amazed and thought some sort of miracle happened.  They wondered what Mohanda had said into the boy's ear.  When they finally went up to him and asked him, he said he couldn't ask the boy to stop eating sweets until I stopped eating sweets.  It was a testimony to the spirit with which he tried to make a difference in small and large situations -- to make a personal sacrifice.

 "The reason I am wearing black tonight is because I am in mourning.  I am in mourning over the death of diplomacy.  We all know that our President delivered an ultimatim.  Many of us will have different responses to that.  Some will peaceably assemble, some will use their free speech rights.  I, too, have done my part, and yet find myself groping as to what is an appropriate response if indeed our nation continues on this course.
 "I do feel called as a moral agent, as a Legislator, to respond.  And, if indeed, the U.S. commences military action, the act that seems in line with the depth of the action in my personal sacrifice would be actually to consider a fast and to begin it when the U.S. starts that intervention.  I certainly do not go into this lightly, I considered it with my family and I considered it with community members.  I simply would ask that we all take that sense of sacrifice, of personal accountability for our involvement and decide what an appropriate response would be.  I honor and respect each of those responses and I hope that peace, indeed, is our lasting legacy."

 Ms. Robertson, District No. 13, thanked Mr. Joseph and Mr. Koplinka-Loehr for their comments.  She said it has been increasingly difficult to go about daily business and in many ways she hasn't.  She has been doing other things instead such as going to marches and e-mailing people, etc.  Ms. Robertson stated the community is being called the day after bombing begins to assemble on the Commons at 5 p.m.   She said that appears to be an imminent event.

 Ms. Robertson announced the Health Planning Council will be sponsoring a presentation tomorrow at 12:30 p.m. at the Rice Conference Room, by Robert DeLuca, Deputy Commissioner of Mental Health, on County mental health services and emerging trends.  She encouraged anyone with interest in this to attend.   Ms. Robertston said this is an area where future State budget cuts will likely hit the County.  She also announced the Human Services Coalition will hold its monthly forum on April 9 at 8:45 a.m. Stephen Whicher will be speaking at that forum on the overall picture of the State budget.

 Mr. Lane, District No. 14 Representative, made the following statement:

 "Like the rest of you I am very, very troubled.  I've always considered myself a pretty much middle of the road kind of person and America first.  I'm neither a pacifist nor a war monger.  I have supported actions we have taken militarily with this country and I believe I have supported actions that people have taken in opposition to that.  I always end up asking myself this question:  Do we do the right thing?  In the Gulf war I asked myself that question; I saw our action in response to aggression and I answered, yes.  In Somalia we went in because there was a humanitarian disaster going on. In Bosnia and Kosovo there was ethic cleansing.  In Afganistan it was a response to an attack on America.

 "I'm asking myself the same questions now and I'm coming up with a different answer.  I was very troubled to hear our Secretary of State, Colin Powell, discussing on the Sunday talk show, the fact that the Administration had a major debate on whether or not to approach the United Nations at all about this issue.  We set up the United Nations after a huge world war in which nuclear weapons were used and it is something that if we don't support will collapse.   Now there are people out there who would be very grateful for that because they think that the idea of a United Nations is an anthon a large, strong country like ours.  I don't happen to agree.

 "I worry very, very much about how we are going to be perceived in the world and by our allies, by doing this on our own.  What will it do to NATO, an organization we have been trying to enlarge now with bringing in Poland and some of the eastern block countries.  We are going into this war with the support of Britain, Spain, and Astonia.  It is not very secure and for a purpose I think the American people are questioning.  I'm questioning it too, and I have very mixed emotions because I have a very close family member who is serving in Kuwait right now.  I worry about him and I worry about all of our officers and enlisted men and women over there.  This is not a good thing and I don't think we do the right thing."

 Mr. Penniman, District No. 15, thanked his colleagues for expressing their concerns and feelings about the war and stated he shares those concerns.

Presentation of Distinguished Youth Award

 Mr. Penniman, District No. 15 Representative, presented the March, 2003, Distinguished Youth Award to Jennifer Wanagel for her involvement with the Tompkins County 4-H Program.  Mr. Penniman spoke of Jennifer's many accomplishments, including the creation of a Teen Council Program.

 Joanne Baldini, 4-H Educator for Cooperative Extension of Tompkins County, thanked the Board for its continued support of the youth development organization.  She spoke highly of Jennifer's accomplishments and praised her many successes in the 4-H program.

 Ms. Herrera, District No. 5 Representative, reported last evening a meeting was held in her Ward with community activists to discuss reviving the Community Neighborhood Association.  Ms. Herrera said there was a great diversity of issues presented, ranging from taxes and trash to social events and a proposed park near East Falls Street.   She said the community members in attendance displayed a great amount of energy and compassion for these issues and urged anyone interested in becoming involved in this group to contact Sara Adams.

 Ms. Herrera said the comments made this evening are coming at a time of great stress.  She said there is a sense that if someone is against the war, that this means that person does not support the troops who are on their way there or who may be fighting there.   She stated many of the people who oppose the idea of a war in Iraq also strongly support the troops.   She said in the process of discussing this is the fact that this exchange of ideas and this kind of disagreement is alright here in this country.  She spoke of recent letters to the Editor and said there has been an escalation in the amount of rhetoric.  At this time Ms. Herrera spoke of "community" and made the following statement:

 "In these difficult times we have this resource we can fall back on, and that's our sense of community.  This country was founded on dissent.  It's vital that we keep communicating openly.  I say this because in times of war we sometimes suffer from a loss of community.  People stop discussing and start calling each other names and blaming.  It's been my experience that in Tompkins County our community is one of our biggest strengths.  When we disagree in the United States that's our right, so I want to suggest that if we go to war we conscientiously call a moratorium on the harsh rhetoric, the polarizing characterizations, and the tendency to identify anyone who we disagree with as morally bereft or evil.  We all have to live together in this democracy  and we will disagree.  I plead with you, let us use this time to build community, not to divide it.  I urge everyone to notice our common interests, to nurture the breadth of community that we have here in Tompkins County.  This is, as I have said, a difficult time and community is what will get us through it."

 Ms. McBean, District No. 2 Representative, made the following statement in regard to the impending war with Iraq:

 "I haven't felt this way for a while.  I began to heal from losing my daughter last month and felt very good until last night's announcement.  And like Mike, I have close relatives who chose to defend and serve and protect us, and they are over there.

 "I am really troubled to hear that we are on the brink of war and I choose to comment because we may not like the way that Fay Gougakis makes her presentations, we may not like the anger and her passion.  But I remember sometime last year when we were talking about the Patriot Act at a big meeting at the Women's Community Building, Fay brought up that very same question and I have that very question in my head.   People in Iraq, Kuwait, and a number of other countries in the Middle East know of ways to protect themselves.  I've been told some wait, some don't, some can't, some cannot.

 "Fay has a very legitimate question and what I want to encourage is if per chance our emergency service personnel, aside from the radio, have something else to offer to this community, I call this a premptive action to let people know if there is something they can to quell fears.  If there is an underground tunnel somewhere that we all should know about to go to, perhaps this isn't the time to tell people; but maybe there is a way to reach out to this community because I know people are fearful out there.  I am concerned.  It could happen here just like it couldn't happen there.   Last year the United States gained much international support because we were so hard hit by terrorism.  People in this community are now feeling relatively terrorized and this country is now feeling relatively terrorized because we don't know what is next.  What is going to happen because of our actions.  And I hope that we do not sit back complacently and not say something to folks about what to do.  I don't know what to do.  I'm hoping there is something out there.

 "Aside from calling the Sheriff's Department or aside from calling the fire department I don't know what else to do and I hope we can have something out there, something in place, that we can help people relieve the fears they have.  It may not help and it may help, and I do appreciate Fay continuing to ask this question.  Yes, the radio is one way and the television is another way, our flashlights, duct tape, and plastic are other ways; but there may be some other way we can tell people.  I don't know, I'm asking.

 "The only other thing I do want to say and like I said my heart was very heavy.  I do want to thank folks for being so supportive of me and so supportive of my family during our loss, and for allowing me to not be here because that was very hard.  It was an experience I don't want to wish on anybody.  I can't imagine what the parents, children, and people in Iraq and Middle Eastern countries are going through at this point.  I didn't know that circumstantial violence was going to be handed down to me, and that I would have to bury my child.  I can't imagine that people are anticipating this is going to happen to them and what to do.

 "I encourage all of us to do what we need to do, whether fasting or whatever it is, to in some way show some support of our troops.  Showing support of our troops is not showing support of a war necessarily.  But showing support of our troops and to also show support internationally for the people whose lives are also going to be lost, and I hope we don't go there, for the people who are going to suffer and for this country that is going to suffer.

 "Today I wrote a little piece because my head was going there.  Just about the last two or three years we have embarked on this campaign of teaching our youth in schools not to bully each other, how to stop violence, how to not have these things happen because they were just exercising such a high level of fatal violence on each other.  Now, as leaders, and as the Country's premier role model, we are attempting to do this to people who are probably less capable than us.  I am not in support of anybody's chemical weapons or weapons of mass destruction, but suppose we will be looking at every other country in this war, including ourselves, when we talk about getting rid of that level of arms.  Thank you."

 Mr. Joseph said Sheriff Meskill just provided him with two resources that can help people with being prepared.  One is a website: ready.gov; the other is a phone line:  1-800-BEREADY.  Mr. Joseph said both of those will provide people with some suggestions and advice for preparedness.    Alice Cole, Public Health Director said another resource that is available is the National Red Cross website:  www.redcross.org.  She said this is an excellent website and correlates with the color-level categories.

 Mr. Penniman, District No. 15 Representative, said he recently traveled to New York City to attend a press conference with Mayor Bloomberg and representatives from several counties across New York State.  He said this was organized by the New York State Association of Counties to bring publicity to our concern about Medicaid and the purpose was to demonstrate unity between the counties and the City on this issue.  It was also to urge State leaders to bring counties to the table to negotiate immediate and long-term reforms to protect the taxpayers from the double-digit increases that counties have been seeing as a result of the growth of Medicaid.   Mr. Penniman reported the event was well attended, both by counties and by the media.

Chair's Report

 Mr. Joseph reported he will be traveling to Syracuse Thursday for a hearing.  He stated Senator John Bonasuk is holding hearings on several pieces of legislation that affect standards for tax exempt property.  The Senate is looking at a series of bills that will restrict the extent to which property tax exemptions are granted.  He said this movement was inspired by the constant expansion of criteria for property tax-exemptions by courts.

 Mr. Joseph suspended the Tax Policy Committee at the present time.   He said there are a number of issues that may be appropriate at a later date, such as a local income tax on a more progressive form of property tax in which property tax is taxed at different levels.   However, at this point he believes it is a better strategy to focus on urging the State to take care of its own problems instead of passing them along to the property tax.   He said the Committee is being placed on hold while the PushBack organization carries forward the larger mission that that Committee was established for.  Mr. Joseph emphasized that Pushback is a citizen organization and is open to anyone who would like to participate.  Meetings are held on the first and third Thursday of each month at 4 p.m. in the Scott Heyman Conference Room.

 Mr. Joseph announced he is unable to attend the March 20 meeting of STORM (Southern Tier Organization for Reform of Medicaid) and invited any interested Board member to attend in his place.

Report from the County Administrator

 Mr. Whicher reported there are presently three County staff persons actively serving in the armed forces.   The County potentially could have as many as ten employees actively serving.

 Mr. Whicher announced last week the County returned a draft working document to the SWN (Statewide Wireless Network).    He stated this document is leading to an agreement for procedures on how the parties will work together in the future.  He said this is a draft document and will not be released to the public until it is signed by both parties.

 Mr. Whicher reported he has received good news in regard to the New York State Retirement System.  He said this afternoon the State Comptroller is proposing to reduce the payment for this year's retirement from 11 percent to 4.5 percent.  He said this requires approval by the State legislature, but is hopeful it will pass.  Mr. Whicher said this is good news for 2003; however, the Board should be prepared for the rate to increase to 11 percent next year.

 Mr. Joseph responded to Mr. Whicher's comments and stated something the Comptroller said which he believes is very wise policy in the long-run.  The Comptroller stated contributions to the New York State Retirement System should never fall below 4.5 percent.  Mr. Joseph said a major factor causing the State to be is in this position now is because the contributions went down to zero when the stock market was doing well.  He said no one should have believed the stock market would continue to do well forever and the situation the State is in now never should have happened.

Report from the County Attorney

 Mr. Wood reported the County completed an exchange of parcels with Cornell University which was necessary before construction could begin on the new 911 Center.

Report from the Finance Director

 Mr. Squires referred to Mr. Joseph's comments in regard to tax exempt properties and stated the State does reimburse towns for property taxes forestland, but not counties.   Mr. Squires reported on the recent sale of bond anticipation notes, and said he received record interest rates of 1.2 percent.   He announced all counties are in the process of receiving a bond rating review.  He said next week the County will be refunding 1995 bond issues which will be priced on March 25.  Part of that process requires a bond rating or insurance.   He said in speaking to the rating analysts, concern was expressed about the County because of the current financials when compared to 1999.  Mr. Squires spoke of the Comptroller's proposed pension rate and said the County would be facing a serious hurdle in 2004.

Addition of Resolution(s) to the Agenda

 No resolution(s) were added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 No resolution(s) were withdrawn from the Agenda.

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

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

RESOLUTION NO. 45 - CORRECTION OF TAXES - TOWN OF ITHACA (55.-1-1)

 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.
 
 WHEREAS, this Board is informed that an error has been made in the 2002 tax roll of the Town of Ithaca, namely parcel 55.-1-1, assessed to the City of Ithaca, was erroneously charged for the Ithaca Fire Protection, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $9,719.00 be corrected to reflect a total of $129.00,
 RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2002 tax roll,
 RESOLVED, further, That the amount of $9,590.00 be charged back to the Town of Ithaca.
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RESOLUTION NO.  46 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION - COMMUNITY ARTS PARTNERSHIP

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

 WHEREAS, the Board of Representatives has contracted with Community Arts Partnership ("CAP”) to carry out services as part of the County’s tourism program, and
 WHEREAS, the County has provided funding for this contract entirely from the Room Occupancy Tax account, and
 WHEREAS, CAP recognizes that the local arts and cultural community is a valuable and unique asset, and a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and
WHEREAS, the results would offer improved access to purchasing tickets to the arts and cultural events, and strengthen assets by directing organizations to long-term planning and coordination, and
WHEREAS, the arts and cultural community would better position itself in the marketplace to attract more visitors to Tompkins County, thus generating more dollars into the local economy, and
WHEREAS, these improvements are intended to further the County’s tourism program, and
 WHEREAS, the Stabilization and Development of Arts and Cultural Tourism Assets Plan for $74,250 has been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to execute an amendment to the Community Arts Partnership contract for $74,250 to carry out two tasks outlined in the plan, namely:
B) Create comprehensive arts marketing plan; and
C) Develop and implement plan for financial and operational stabilization
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RESOLUTION NO. 47 – DECREASE IN HOURS OF PLANNING ANALYST POSITION – PLANNING DEPARTMENT

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

 WHEREAS, the Department of Planning’s 2003 budget included a reduction in hours for the position of Planning Analyst from 40.0 to 35.0 hours per week, and
 WHEREAS, it is the intention of the Planning Department to make this change permanent, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following position be decreased from 40.0 to 35.0 hours per week effective March 24, 2003:
 Planning Analyst, labor grade (N), (14/684), white collar
 RESOLVED, further, That no change in the 2003 budget is needed to accomplish this change.
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RESOLUTION NO. 48 - APPROVAL OF BYLAWS OF THE TOMPKINS COUNTY PLANNING ADVISORY BOARD

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

  WHEREAS, the Tompkins County Planning Advisory Board was created in 1995 by amendment of the Tompkins County Charter and Code (Local Law No. 1 of 1995), and
 WHEREAS, the Charter and Code provides that the Planning Advisory Board has the authority to draft bylaws for approval by the Board of Representatives, and
 WHEREAS, the members of the Planning Advisory Board approved bylaw revisions on February 26, 2003, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality  Committee, That the Planning Advisory Board Bylaws on file with the Clerk of the Board be approved.
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 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustment on his books:

HEALTH AND HUMAN SERVICES COMMITTEE

Office for the Aging
Revenue Acct           Title       Amt  Approp Acct    Title(s)_________
6775  44772           Federal Revenue  $8,629.20   6775   51000060  Title V Workers
6775  44772           Federal Revenue  $   730.18   6775   58800    Fringes

Explanation:  Reappropriation of unused Federal monies to be used in 2003 for Title V Program (Senior Community Employment).
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 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, Environmental Health has 1.0 FTE Public Health Sanitarian position unfilled, funded .50 FTE as one-time funding and .50 FTE in base budget funding, and
 WHEREAS, the division has evaluated the best use of those funds and reorganized the workload among existing employees to accomplish the functions of the department and eliminate the need to hire additional staff, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That one position of Senior Public Health Engineer (89/240), labor grade S, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003,
 RESOLVED, further, That one position of Public Health Engineer, (15/640), labor grade O, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003,
 RESOLVED, further, That five positions of Public Health Sanitarian, (14/595), labor grade N, competitive class, be increased from 35.0 hours to 37.5 hours per week effective immediately through December 31, 2003,
 RESOLVED, further, That three positions of Senior Public Health Sanitarian, (16/607), labor grade P, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003,
 RESOLVED, further, That one position of Public Health Sanitarian is currently filled by an employee working in the WIC Program, and in order for the payroll system to handle the combined hours over 35.0 hours per week, the WIC Program Nutrition Aide, (08/524), labor grade H, competitive class, position must also be increased from 35.0 hours to 37.5 hours per week effective immediately,
 RESOLVED, further, That no additional funds are required to accommodate this change.
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RESOLUTION NO. 51 –   AUTHORIZATION TO INCREASE HOURS – SENIOR ACCOUNT CLERK TYPIST AND COMMUNITY HEALTH NURSE – CHILDREN WITH SPECIAL CARE NEEDS – HEALTH DEPARTMENT

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

 WHEREAS, the Children with Special Care Needs Program (CSCN) has reorganized to address the early retirement of the Supervising Community Health Nurse and the workload among several employees, and
 WHEREAS, the Children with Special Care Needs Program has a .60 FTE Senior Account Clerk Typist (09/529), labor grade I, competitive class, and a .50 FTE Community Health Nurse (15/580), labor grade O, competitive class, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the position of Senior Account Clerk Typist (09/529), labor grade I, competitive class, be increased from 21.0 hours to 35.0 hours per week, effective immediately,
 RESOLVED, further, That the .50 FTE Community Health Nurse (15/580), labor grade O, competitive class, be increased from 17.5 hours to 35.0 hours per week, effective immediately,
 RESOLVED, further, That no additional funds are required to accommodate this change.
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RESOLUTION NO. 52 - AWARD OF BID - DOUBLE DRUM VIBRATORY ROLLER - HIGHWAY DEPARTMENT

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

 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for a Double Drum Vibratory Roller for use by the Tompkins County Highway Department, and
 WHEREAS, five (5) bids were received and publicly opened on February 28, 2003, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid from Gateway Equipment Corporation be rejected as non-responsive, as the bid contained unacceptable deviations,
RESOLVED, further, That the bid be awarded to Monroe Tractor from Henrietta, New York, as the lowest responsible bidder with a bid price of $81,800, including trade-in allowance, and extended warranty option,
 RESOLVED, further, That the funds are available in the Highway Department budget, Account No. 5130.52233.
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RESOLUTION NO. 53 - AWARD OF BID - PORTABLE ASPHALT MILLING/TRENCHING MACHINE WITH TRANSPORT TRAILER -
HIGHWAY DEPARTMENT

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

 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for a Portable Asphalt Milling/Trenching Machine with Transport Trailer for use by the Tompkins County Highway Department, and
 WHEREAS, one (1) bid was received and publicly opened on February 19, 2003, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Asphalt Zipper, Inc., of Pleasant Grove, Utah, as the lowest responsible bidder with a bid price of $78,225,
 RESOLVED, further, That the funds are available in the Highway Department budget Account No. 5130.52233.
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RESOLUTION NO.  54 - AWARD OF BID - PNEUMATIC TIRE ROLLER - HIGHWAY DEPARTMENT

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

 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for a Pneumatic Tire Roller for use by the Tompkins County Highway Department, and
 WHEREAS, six (6) bids were received and publicly opened on February 18, 2003, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Gateway Equipment Corporation, of East Syracuse, New York, as the lowest responsible bidder with a bid price of $43,900,
 RESOLVED, further, That the funds are available in the Highway Department budget, Account No. 5130.52233.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 55 - REDUCTION OF HOURS - SOLID WASTE MANAGER

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

 WHEREAS, the Solid Waste Manager wishes to reduce the standard work week of the Solid Waste Manager position from forty (40) hours per week to thirty-five (35) hours per week for reasons of fiscal economy of the operation, and
 WHEREAS, reduction in hours would be beneficial to the taxpayers of the County, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the standard workweek for the position of Solid Waste Manager (88/257) shall be reduced from forty (40) hours per week to thirty-five (35) hours per week, effective March 16, 2003.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 56 - CONVERTING CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM OPERATIONS AND MAINTENANCE TO CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM CAPITAL

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

 WHEREAS, over 1,600 units of local government rely on essential New York State highway and bridge funding through the Consolidated Highway Improvement Program (CHIPs), and
 WHEREAS, enacted in 1981 - 1982, CHIPs replaced a dedicated stream of motor vehicle taxes and fees that Counties were collecting and using for the upkeep of the maintenance and repair of the local transportation system, and
 WHEREAS, local governments are responsible for 93,500 of New York State's 110,000 centerline miles (eighty-five percent), most of which need significant repair to keep condition levels from deteriorating to "poor", and
 WHEREAS some progress has been made to address the local bridge deficiency levels across New York, but nearly half of the 9,000 local bridges are structurally deficient and in need of structural repair, and
 WHEREAS, investments in the local transportation infrastructure lead to safer motor vehicle travel, and serve to provide a multiplier effect that benefits the local economy, and
 WHEREAS, since 2001, the State of New York has withheld $60 million in CHIPs Operations and Maintenance Aid (O&M) for Counties outside New York City by not authorizing the annual appropriation out of the general fund, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County urges the State of New York to continue to invest in the local transportation system by converting the $60 million lost in CHIPs O&M since 2001 to the CHIPs Capital Program, similar to what was provided to the Towns, Cities, and Villages in the 2002-2003 New York State Budget,
 RESOLVED, further, That Tompkins County shall forward copies of this resolution to Governor George E. Pataki, the New York State Legislature, Senator John R. Kuhl, Jr., Senator James Seward, Senator Michael Nozzolio, and Assemblyperson Barbara Lifton, and all others deemed necessary and proper.
SEQR ACTION:  TYPE II-20

Appointment(s) Approved Under the Consent Agenda

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

 Tompkins County Youth Board
 Peggy Hubbell - Town of Enfield Representative - term to expire December 13, 2004

 Family Court Advisory Council
 Christine Manning - Department of Social Services Representative - term to expire December 31,   2003

 Criminal Justice Advisory/Alternatives to Incarceration Board
 M. John Sherman - County Court Judge Representative - term to expire December 31, 2003
 Susan Hatch - Law Guardian Representative - term to expire December 31, 2004
 Nell Mondy - Crime Victims Representative - term to expire December 31, 2004

 Soil and Water Conservation District
 Daniel J. Carey - Farm Bureau Representative - term to expire December 31, 2004

 Strategic Tourism Planning Board
 Jamie Grady - Arts Representative - term to expire December 31, 2003

 Water Resources Council
 Daniel Winch - County Representative - term to expire December 31, 2005

 Planning Advisory Board
 Dooley Kiefer - Planning Committee Chair or Designee - term to expire December 31, 2003

 Economic Development Loan Oversight Committee
 Dooley Kiefer - Board of Representatives - Serve at the Pleasure of the Board
 Michael Lane - Alternate

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

 Mr. Lane, Chairman, reported the Committee met on March 5th and heard from the Strategic Tourism Planning Board; business from that part of the meeting is reflected in resolutions on this evening's agenda.  The Committee heard from Richard Driscoll of the Community Arts Partnership about a proposal for the approval of contracts for arts and culture tourism asset stabilization.  This is a program that will provide longer-term funding for organizations; monies for this come from Room Tax and new monies.  He said this will also stabilize arts and cultural organizations and can move forward in this integration to develop Tompkins County and the City of Ithaca into a center for arts and culture.

 Mr. Lane reported the Committee heard from Tompkins County Area Development on IDA activities; the Board will consider resolutions authorizing bonding for projects in the resolutions following this report.  He reported the Air Service Task Force is working to determine if there is enough local support to pursue state and federal grants to improve air service.

 The Planning Department reported it continues to work on its Comprehensive Plan and a draft should be available by the end of the year.  There was also discussion about multi-year planning for technical-assistance agreements that was discussed during the budget review process last fall.  He said if the County is trying to establish a position similar to the Circuit Rider position in the Planning Department and wants that position to be paid for by contracts with other municipalities for planning services, the County needs to be ready to commit to three-year agreements.  Mr. Lane said the Planning Department has stated that unless the County is ready to make that commitment, it may not be a good idea to hire an employee.   At the recommendation of the Planning Commissioner, the Committee will take a while longer before making a recommendation to the full Board on how to proceed.

 Mr. Lane said he is in the process of setting up an additional meeting because the Committee did not finish all of the items on the agenda for that meeting.

 Ms. Kiefer inquired about the bonding issue for the refinancing of Kendall and asked why it is not on this evening's agenda.  Mr. Stamm, Tompkins County Area Development President, said the required public hearing has not yet been held; it will be brought before the Board at a later date. Mr. Stamm briefly explained the process the Industrial Development Agency uses in approving projects.

 Mr. Booth said in the future prior to the Board meeting, he would like the Board to receive a memo from TCAD describing the project and a summary of why it's being recommended.  Mr. Stamm said he would do this in the future.

 Mr. Joseph stated it is important for the Board to remember it has authorized the IDA to examine projects and present the Board with a resolution to approve the bonding.   He said he does not want this Board to become another level of review for those projects.

RESOLUTION NO. 57 -  APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $20,000,000 CIVIC FACILITY REVENUE BONDS (COMMUNITY DEVELOPMENT PROPERTIES, ITHACA, INC. PROJECT), SERIES 2003 IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE")

 MOVED by Mr. Lane, seconded by Mr. Totman.  Ms. Kiefer said the title of this resolution does not state what the project is and requested that more informative language be added to the title.   She also stated there have been changes made to the language pertaining to the public hearing in the resolution since it was adopted by the Planning Committee.   The resolution acted on at the Planning, Development and Environmental Quality Committee also came from the Bond Counsel, and characterized the Board's public hearing as being held to "consider both t he issuance of the Bonds and the nature and location of the facilities financed".

 It was stated by Mr. Lane and Mr. Stamm that this resolution was prepared and submitted to the Board by the IDA's Bond Counsel.  Although members were sympathetic to the concerns expressed by Ms. Kiefer, there was a general feeling that support should be given to the most recent version submitted by bond counsel.  Mrs. Covert, Clerk of the Board, stated she received revised resolutions since the Planning Committee met and approved the resolutions.  She said the resolutions placed on the Board agenda are the latest versions submitted by Bond Counsel.

 Ms. Kiefer said she agrees the City needs parking for all of its projects; however, she is concerned about the lack of analysis that has been done with respect to traffic.  She is also concerned about the fact that the bottom of the seven-story garage is dedicated to unspecified retail that may or may not compete with existing businesses downtown.  She also said she is concerned that the garage will somewhat impact the output of the solar panels on the Tompkins County Public Library and no mitigation actions or decisions have been made.  Although she agrees garage improvements are needed, she cannot support the resolution for the reasons she has stated.

 A voice vote resulted as follows:  Ayes - 13, Noes - 1 (Representative Kiefer); Excused - 1 (Representative Proto).  RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Board of Representatives (the "Board of Representatives"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Community Development Properties, Ithaca, Inc., a Delaware not-for-profit corporation (the "Company") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Community Development Properties, Ithaca, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), and
WHEREAS, the project (the "Project") shall consist of (A) the acquisition by the Issuer of an interest in an approximately one-acre parcel of land located on South Cayuga Street adjacent to the Tompkins County Public Library, in the City of Ithaca, Tompkins County, New York (the "Parking Garage Land") and additional parcels adjacent thereto containing in the aggregate approximately .4 acres (the "Creek Walk Land" and, collectively with the Parking Garage Land, the "Land"); (B) the construction upon the Parking Garage Land of (i) an approximately 267,000 square-foot seven-story public parking garage containing approximately 700 parking spaces (the "Parking Garage") and (ii) an approximately .1 mile public use Creek Walk along Six Mile Creek (the "Creek Walk" and collectively with the Parking Garage, the "Improvements"); (C) the acquisition and installation in and around the Improvements of certain machinery, equipment and other items of tangible personal property (the "Equipment" and, collectively with the Land and the Improvements, the "Facility"); (D) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (D) above being hereinafter collectively referred to as the "Project Costs"); (E) the financing of all or a portion of the costs of the foregoing by the issuance of the Bonds in one or more issues or series in a maximum aggregate principal amount of $20,000,000; and (F) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and
WHEREAS, the Company is an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and will undertake to build and operate the Facility for the benefit of the public and to lessen the City of Ithaca's governmental burden of maintaining and improving the attractiveness and economic well-being of the central business district of the City of Ithaca, and
WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to:  (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and
WHEREAS, the City of Ithaca Planning Board, pursuant to Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), determined on February 18, 2003, that the Project will not have a significant effect on the environment within the meaning of SEQR, and
 WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Board of Representatives after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and
WHEREAS, on February 18, 2003, the Issuer held such a public hearing upon proper notice in compliance with the Code, and
WHEREAS, to aid the Board of Representatives in its deliberations, the Issuer has made available to the members of the Board of Representatives prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on January 17, 2003, in The Ithaca Journal, along with the affidavits of publication of such newspaper; and (c) the minutes of such public hearing held on February 18, 2003, and
WHEREAS, the Board of Representatives, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided that the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That:
Section 1. For the purpose of satisfying the approval requirement of Section 147(f) of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Board of Representatives hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon.  This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code.
Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.
Section 3. This Resolution shall take effect immediately.
SEQR ACTION:  TYPE II - 20

RESOLUTION NO. 58 -  APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $10,000,000 CIVIC FACILITY REVENUE BONDS (CDP, CORNELL, INC. PROJECT), SERIES 2003 IN ACCORDANCE WITH SECTION
147(F) OF THE     INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE")

 MOVED by Mr. Lane, seconded by Mr. Booth.  Ms. Kiefer expressed the same concerns that are noted in the above resolution.  She said this resolution includes a conference center; however, the Board received a report that stated such a conference center is not feasible and questioned why it would be included in this resolution.   She also stated the public hearing was held a couple of months prior to the completion of the City's SEQR review.  She does not believe an appropriate public hearing has been held with complete information.  Mr. Penniman expressed concern about the size of the tax abatement for the hotel and the cost of public funding for parking and his questions have not been answered yet.   But since he is on the IDA he expects to have answers to his question before the IDA votes.

 A voice vote resulted as follows:  Ayes - 13, Noes - 1 (Representative Kiefer); Excused - 1 (Representative Proto).  RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Board of Representatives (the "Board of Representatives"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of CDP, Cornell, Inc. a New York not-for-profit corporation (or such other appropriate not-for-profit corporation) (the "Company") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (CDP Cornell, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $10,000,000 (the "Bonds"), and
WHEREAS, the project (the "Project") shall consist of: (A) (i)  the acquisition of an interest in an approximately .63 acre parcel of land located on the northwest corner of North Tioga Street and East Seneca Street, in the City of Ithaca, Tompkins County, New York (the "Land"); (ii) the construction on the Land of approximately 55,000 square-feet of office and related space and an approximately 20,000 square foot conference center (the "Improvements") within an approximately 9-story 175,000 square-foot building (the "Building"); (B) the acquisition and installation in and around the Improvements of certain items of machinery, equipment and other items of tangible personal property (the "Equipment", and collectively with the Improvements, the "Facility"); (C) the leasing of the Facility from the Company to Cornell University for use as administrative offices; (D) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (D) above being hereinafter collectively referred to as the "Project Costs"); and (E) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and
WHEREAS, the Company is (or will be) an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and will undertake to build and operate the Facility for the benefit of the public and to lessen the City of Ithaca's governmental burden of maintaining and improving the attractiveness and economic well-being of the central business district of the City of Ithaca, and
WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to:  (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and
WHEREAS, the City of Ithaca Planning Board, pursuant to Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), determined on February 18, 2003, that the Project will not have a significant effect on the environment within the meaning of SEQR, and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Board of Representatives after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and
WHEREAS, on December 2, 2002, the Issuer held such a public hearing upon proper notice in compliance with the Code, and
WHEREAS, to aid the Board of Representatives in its deliberations, the Issuer has made available to the members of the Board of Representatives prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on November 1, 2002, in The Ithaca Journal, along with the affidavits of publication of such newspaper, and (c) the minutes of such public hearing held on December 2, 2002, and
WHEREAS, the Board of Representatives, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided that the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That:
Section 1. For the purpose of satisfying the approval requirement of Section 147(f) of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Board of Representatives hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon.  This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code.
Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.
Section 3. This Resolution shall take effect immediately.
SEQR ACTION:  TYPE II - 20
Explanation:  This project is the office building part of the Cornell-Ciminelli hotel and office building projects, land for which may need to be acquired by eminent domain.

RESOLUTION NO.  59 - FUNDING OF TOURISM DEVELOPMENT GRANTS

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

 WHEREAS, Tompkins County has a grant program for tourism development using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Board of Representatives through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:

 Southside Community Center - Juneteenth 2003: Family Reunion……………………. $ 2,795
 Hangar Theatre - Dramatic Getaway to Ithaca Package…………………………………. $ 3,500
 Music in Motion and Ithaca Festival - National Dance Week -Sharing Our Cultures…. $ 2,000
 Ithaca Downtown Partnership - Downtown Ithaca Holidays Around the World……… $ 3,500
 Historic Ithaca - A Pair of Country Concerts…………………………………………… $ 2,500
 Community Arts Partnership - Enhanced Guide/Map Distribute Art Trail……………… $ 2,500
 Ithaca Hours - Local Currencies in Global Economy Conference…………………….. $ 2,000
 Discovery Trail (PRI) - Discovery Month and Summer '03 Calendar…………………. $ 2,500
 Cayuga Chimes - Winter Barbershop Open Invitational………………………………… $ 2,500
 TC Chamber Foundation - Hike and Bike Ithaca-Tompkins (HaBIT) Brochure……… $ 2,500
 Ithaca Festival - Ithaca Festival 2003……………………………………………………. $ 2,500
 Newfield Historical Society - Historic Newfield Tour Guide…………………………… $ 1,345
 Finger Lakes Runners Club - Finger Lakes Running (Races)…………………………. $ 2,000
                                                                                                                         TOTAL    $32,140

  RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

RESOLUTION NO.  60 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS

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

 WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Board of Representatives through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:

 Town of Newfield - Newfield Old Home Days $ 1,150
 Town of Newfield - 150th Anniversary of Newfield Covered Bridge $ 2,000
 Village of Freeville - Freeville Enrichment Through Events $    500
 Village of Trumansburg - Trumansburg Agricultural Events $ 1,500
 Town of Danby - Danby Fun Days & Parade $ 1,500
 Village of Dryden - Dryden Old Home Days, Revisited $ 1,885
 Town of Lansing - Music in the Park $ 1,000
                                                                                                         TOTAL    $ 9,535

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee will meet on March 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 on March 13th and most of the business will be reflected in resolutions that will appear on an upcoming Board agenda.   He said Administration is looking at possible revenue sources within the budget and stated the County Clerk's Office has the option of increasing the Motor Vehicle Use Fee.  He reported a proposal will be presented to the Consumer and Community Affairs Committee to increase the Fee to $5; it is currently $2.50.  He said the State allows counties to charge a maximum of $10; other nearby counties charge approximately $5.   The anticipated amount of annual revenue to be raised by this increase is $140,000.

RESOLUTION NO.  61  - CONSENT TO ASSIGNMENT OF AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT) - ELLIS HOLLOW ROAD APARTMENTS

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.  Ms. Blanchard declared that the Conifer Group is a client of hers in her personal business; however, she does not have a financial interest in this particular operation.  Mr. Joseph did not direct Ms. Blanchard to abstain from voting on the resolution.  A voice vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Representative Proto).  RESOLUTION ADOPTED.

WHEREAS, by Agreement dated November 20, 1973, amended June 22, 1994, the County approved payment in lieu of taxes under Section 125 of the Private Housing Law for senior housing, and
 WHEREAS, the owner, HOME PROPERTIES, L.P. is in the process of selling said housing known as Ellis Hollow Road Apartments to CONIFER ELLIS HOLLOW, LLC., and
WHEREAS, the purchaser is requesting that the existing PILOT Agreement be transferred to it as a part of the sale, and
WHEREAS, there appears to be no change in the use of the apartments for senior citizens and the Town of Ithaca has already approved of the transfer, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County approve the assignment of the existing PILOT Agreement by HOME PROPERTIES, L.P. to CONIFER ELLIS HOLLOW, LLC.,
RESOLVED, further, That the County Administrator be authorized to execute the assignment on behalf of the County of Tompkins,
RESOLVED, further, That this resolution shall not be considered an extension or renewal of the original term of the PILOT Agreement.
SEQR ACTION:  TYPE II-20

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

 Mr. Penniman, Chairman, reported he was out of town when the Committee met on March 11th.  He asked Mr. Booth, Vice Chair, to report on business conducted at that meeting.

 Mr. Booth reported the Committee spent a good amount of time discussing the State budget, the SPCA proposal that will be presented to the Board at a later date, and the resolutions that were included on the agenda for this meeting.

 Mr. Penniman said the next meeting will be March 25th at 11:30 a.m.; at that meeting the Committee will begin to look at preliminary budget figures for 2004.

RESOLUTION NO. 62 - APPROPRIATION FROM CONTINGENT FUND – CITY OF ITHACA – MUNICIPAL SALES TAX AGREEMENT

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

 WHEREAS, Resolution No. 87 of 1993, gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and
 WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and
 WHEREAS, actual collections within the City of Ithaca increased by 6.75 percent in 2002, and
 WHEREAS, adjustments necessary to pay the various agencies requires an appropriation from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance be authorized and directed to make the following budget appropriation:

BUDGET APPROPRIATION:    Available from Appropriation
FROM:
Contingent Fund Appropriation A1990.54400      $71,730
TO:      Budget  2003 Due              Amount
CDRC A6313.54400             $  15,736  $ 16,799  $   1,063
OAR A6315.54400       4,563        4,871         308
HSC Agencies A6305.54400              181,271      193,507      12,236
City of Ithaca – Residual A6901.54666             290,133               345,922                  55,789
Towns & Villages – A6950.54666     34,579                 36,913 Est.       2,334
           $ 71,730
SEQR ACTION:  TYPE  II-20

RESOLUTION NO. 63 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT
SUPPLEMENTAL AGREEMENT NO. 6  - TOMPKINS  CONSOLIDATED AREA TRANSIT

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

 WHEREAS, pursuant to State Finance Law Section 89-c, the New York State Legislature authorizes mass transportation grants for capital projects that are funded with ten percent up to one hundred percent state funding, and
 WHEREAS, Tompkins County executed a Master Agreement with the New York State Department of Transportation to simplify the process of State reimbursement of expenses for transit capital projects (County Resolution No. 196 of 1999), and
 WHEREAS, the New York State Department of Transportation has authorized Supplemental Agreement No. 6 for $475,631 in State funds to fund fiscal year 2002 capital projects by Tompkins Consolidated Area Transit, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives authorizes Supplemental Agreement No. 6 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $475,631.
SEQR ACTION:  TYPE II-20

Report and Presentation of Resolution(s) from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on March 5th and received an overview from the Office for the Aging about their mission, in-house programs, and contract programs.  In order to comply with the 2003 budget the Office for the Aging had to reduce housing assistance and employment aid; however, they have been able to maintain core services.  Irene Stein, Director of the Office for the Aging, reported there has been a slower response time in responding to citizens and this is due to reductions in staff.   Ms. Stein also reported on the Governor's proposed budget for 2003, and said at this time she foresees a $25,000 cut to their programs, which is about ten percent of their local share.   The combined State and County cut to COFA is approximately $50,000 for 2003.   The Committee also discussed goals and the Recreation Partnership.  Ms. Robertson said the next meeting will be March 20 and at that meeting the Committee will hear a report on the State budget and possible reductions in the Health Department budget.    Ms. Robertson said Committee members have agreed to write op-ed pieces in the Ithaca Journal and other newspapers.  These pieces will focus on key issues the Committee is involved in, and are part of the goal to help educate the public about what programs are administered, in advance of the budget process.  Ms. Robertson noted that three resolutions from this Committee relate to staff reorganizations, being carried out in response to cuts in the 2003 budget.  The next meeting will be March 20th.

RESOLUTION NO. 64 - PROGRAM RECONFIGURATION AND TARGET ADJUSTMENT - RECREATION PARTNERSHIP - YOUTH BUREAU

 MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.   It was noted the Recreation Partnership has a separate fiscal target within the budget.

WHEREAS, the Inter-municipal Recreation Partnership Board has asked the County to be the fiscal agent to receive municipal contributions and to make payments based on the decisions of the Recreation Partnership Board, on which the County has two voting seats, and
WHEREAS, the approved Recreation Partnership Agreement calls for the funds to be accounted for separately, and
WHEREAS, Program 2401, Recreation Partnership is one program within the Youth Bureau and is included in one Fiscal Target for the entire department, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Fiscal Target for Program 2401 Recreation Partnership be made separate for 2004 in the amount of $38,110 which represents the local share of program expenses less local revenues,
RESOLVED, further, That any residual funds from 2002 and 2003 related to Program 2401, (A7021), exclusive of savings in payroll and fringe, be reported separately,
RESOLVED, further, That a copy of the approved resolution be sent to each of the participating municipalities.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 65  – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY – HEALTH DEPARTMENT

 MOVED by Ms. Robertson, seconded by Mrs. Schuler.  A short roll call vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Representative Proto).  RESOLUTION ADOPTED.

 WHEREAS, the Health Department had three employees retire as indicated, Ellen Brazauskas, Community Health Nurse Supervisor (effective December 2, 2002); Patricia Stamm, Administrative Assistant (effective December 30, 2002); and Sharon Haas, Community Health Nurse (effective December 19, 2002), with terminal pay costs totaling $6,014, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:  A1990.54440  Contingent Fund  $6,014
TO:  A4010.51000535 Administrative Assistant $   738
   A4010.58800  Fringes    $   192
   A4016.51000580 Community Health Nurse $1,898
   A4016.58800  Fringes    $   493
   A4047.51000601 Community Hlth. Nurse Supv. $2,137
   A4047.58800  Fringes    $   556
SEQR ACTION: TYPE II-20

Report from the Public Safety Committee

 Ms. Blanchard, Chair, reported the Committee met on March 6 and agreed on a set of goals for the Committee.  One of those goals is to communicate effectively with the full Board on public-safety issues.  At that meeting the Committee received a detailed report from the Assigned Counsel Program.  She requested Michelle Pottorff, Deputy Clerk, to provide copies of this report and correspondence that was distributed at the meeting, to all Board members.  Ms. Blanchard said Judge Sherman and Judge Rowley were in attendance at that meeting and briefed the Committee on the Integrated Domestic Violence Court, which Tompkins County will have in place, probably before the year is out.  This is part of a three-year comprehensive plan announced by Chief Judge Judith Kaye, in her 2003 State of the Judiciary message.  These courts operate on the principle of "one family, one judge", which allows a single judge to hear all related cases involving a domestic-violence victim and his/her family.  She said this is an unfunded mandate but has some very positive benefits.  The next meeting will be March 20th.  At that meeting the Committee will review a revised Scope of Work from Jacobs Facilities.
 
Report from the Facilities and Infrastructure Committee

 Mr. Booth, Chairman, reported the Committee met on March 11 and heard a discussion on the Beach Road Bridge in the Town of Newfield.  He said the County, acting with Town officials, closed that bridge due to safety concerns.  In the next few months they will be looking to remove that bridge and storing it on Town land.  Mr. Booth said Historic Ithaca has been in the process of making an application for restoration; however, it is unknown when a decision will be made on that. At the present time County officials are looking at procedures and exploring the New York State Department of Environmental Conservation's requirements for stream protection during removal of the bridge.  The committee also heard a report from Pete Messmer,  Highway Manager, on the 2001 Status of County Roads Report.  It was noted that the County's level of investment necessary to maintain roads has been declining; therefore the general condition of County roads is declining to some degree.  The Committee also discussed the County's current list of bridge project priorities that was presented by staff.

Report from the Charter Review Committee

 Mr. Lane, Chair, asked Board members to comment and/or make amendments at this time to the Charter.  This will allow time for approved amendments to be incorporated in the Charter and hold a public hearing in a timely manner prior to adopting the Charter.

 It was MOVED by Ms. Blanchard, seconded by Mr. Booth, to amend Section 2.10 Reapportionment of the Tompkins County Legislature as follows:

 (b) The Tompkins County Legislature in planning said reapportionment shall appoint a committee on reapportionment consisting of not less than 5 or more than 9 citizens who are not elected officials to assist it in arriving at a plan of reapportionment.

 Following a brief discussion, a voice vote resulted as follows:  Ayes - 6 (Representatives Blanchard, Booth, Penniman, Robertson, Todd, and Totman); Noes - 8 (Representatives Herrera, Kiefer, Koplinka-Loehr, Lane, McBean, Schuler, Winch, and Joseph); Excused - 1 (Representative Proto).  MOTION FAILED.

 It was MOVED by Ms. Kiefer, seconded by Ms. Blanchard, to amend Section 2.11 Standards of Reapportionment as follows:

 The Tompkins County Legislature shall, in approving a plan of reapportionment, be guided by the goal of equality of representation consistent with the policies of the state legislature as interpreted by the courts of appropriate jurisdiction.  To this end the County Legislature shall strive to minimize the population variance among districts while taking into account the following additional standards:

 Factors to consider are:

 Minimization of the population variance among districts;
 Compactness of districts;
 Practicable consistency with existing municipal boundaries and neighborhoods within
Tompkins County; and
 Balance and reasonableness of representation for the diversity of citizens residing in all parts of
the county.

 A voice vote resulted as follows:  Ayes - 4 (Representatives Blanchard, Kiefer, Schuler, and Winch) Noes - 10; Excused - 1 (Representative Proto).  MOTION FAILED.

 It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, to amend Section 4.01 County Board of Assessment Review; Composition; Terms of Office; Qualifications; Duties; Procedure for Review of Assessment.  Local Advisory Boards of Assessment Review; Composition; Duties as follows:

 (b) Local Advisory Boards of Assessment Review.  There shall be a Local Advisory Board of Assessment Review for each city and town in the County, consisting of three members two to be appointed annually by the respective local government legislative body and who shall be qualified electors and owners of real property in such city or town.  and a third to be a member of the Tompkins County Legislature elected from a district within which all or part of such city or town is located.

 A voice vote resulted as follows:  Ayes - 7 (Representatives Blanchard, Booth, Koplinka-Loehr, McBean, Penniman, Robertson, and Totman); Noes - 7 (Representatives Herrera, Kiefer, Lane, Schuler, Todd, Winch, and Joseph); Excused - 1 (Representative Proto).  MOTION FAILED.

 Ms. Blanchard stated that since it is the direction of the County to move away from one and two person departments, she MOVED to amend the Charter by moving Article 21 Special Traffic Options Program - Driving While Intoxicated (STOP-DWI) to Article 28 Other County Administrative Units, seconded by Ms. McBean.  A voice vote resulted as follows:  Ayes - 12; Noes - 2 (Representatives Herrera and Schuler); Excused - 1 (Representative Proto).  MOTION CARRIED.

 Mr. Joseph commented that the definition for a Capital Program was slightly different than the Fiscal Policy and suggested the Charter be amended to reflect the Fiscal Policy.  It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to amend Section 5.01 Operating Budget; Requests as follows:

 Delete the following sentence in paragraph (a) Submission of Capital Project Requests:  "For the purposes of this section "Capital Project" is defined as: any physical betterment or improvement, including furnishings, machinery, apparatus or equipment for such physical betterment when first constructed or acquired, or any preliminary studies and surveys relating to any physical betterment or improvement, or land or rights in land."

 Add "as defined by the County's Fiscal Policy as may be amended" to the following sentence of paragraph (a) Submission of Capital Project Requests:

On or before the date established by the County Administrator each year, the head of each administrative unit and authorized agency contemplating a capital project as defined by the County's Fiscal Policy, as may be amended within the next five (5) years shall furnish to the County Administrator and to the appropriate committee of the Tompkins County Legislature a description, justification and estimate for each capital project is proposed for development during one or more of the ensuing five (5) fiscal years.  A capital project is as defined in the County's Fiscal Policy and any amendments thereto.

It was MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to add the word "city" to Section 32.10 Local Government Functions, Facilities, and Powers Not Transferred, Altered, or Impaired as follows:

No function, facility, duty, or power of any city, town, village, school district, or other district, or of any officer thereof, is transferred, altered or impaired by the Charter.

Report from the Communications Capital Projects Committee

 Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting.  The next meeting will be March 26 at 2:30 p.m.

Report from the Space Needs and Location Committee

 Ms. Herrera, Vice Chair, reported the Committee met on March 12 and completed a review of the County's Facility Analysis.  There was also discussion of the Welliver McGuire plans that were previously prepared and also discussion on the standardization of information.  Ms. Herrera said the Committee also entered into an executive session to discuss property negotiations.    The next meeting will be April 9th.

Approval of Minutes of March 4, 2003

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

Adjournment

 On motion the meeting adjourned at 8:08 p.m.